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EmploymEnT, woRk, and hEalTh inEqualiTiEs - a global perspective<br />

other informal sectors, including selling goods in the markets and<br />

on the streets and family farming, and not protected by the law.<br />

many of these children do not go to school; although the<br />

constitution mandates education, it is not enforced. furthermore,<br />

since public education, transportation and other expenses are not<br />

completely covered by the government, it would be impossible for<br />

some families to send their children to school, even if they wanted<br />

to send them.<br />

It is easy to hire and fire workers because El salvador's labour<br />

code al<strong>low</strong>s a worker to be fired due to the employers' "loss of<br />

confidence" in him or her (Código de Trabajo, república de El<br />

salvador: article 50). Workers can also be fired for such reasons as<br />

presenting false certificates, repeated negligence, revealing<br />

confidential information, grave acts of immorality, disrespectful<br />

behaviour toward the employer or employer's family members, and<br />

absence without permission. In cases of unjustified firing, the<br />

employer is required to pay one month’s salary per year worked.<br />

reasons deemed "unjustified" include salary reduction, deception<br />

about the conditions of employment, mistreatment of workers or<br />

family members, and worker endangerment (article 53).<br />

There are currently 129 active unions. of these, 42 are industrywide,<br />

35 are company specific, 32 are professional unions, and 20<br />

are unions of independent workers (asociación de servicios de<br />

promoción laboral, 2004). However, there are cases of violations of<br />

the right to organise, especially in the maquila sector. The El<br />

salvador labour Code itself is an obstacle to fair labour practices:<br />

article 627 caps fines for violation of the Code at only $57.14.<br />

unemployment insurance does not exist in El salvador. In cases<br />

of death on the job, dependents are entitled to 60 days of the<br />

worker's basic salary. In cases of incapacity due to work, the<br />

employer is obligated to pay 75 per cent of the worker's salary<br />

during the first 60 days, with social security paying the remaining 25<br />

per cent. The employer continues to pay 40 per cent of the salary up<br />

to a maximum of 52 weeks. If the worker is injured due to work and<br />

incapacitated indefinitely, the employer is obligated to pay the<br />

equivalent of 60 per cent of the worker's salary for life.<br />

Employers are obligated by law to pay social security for<br />

workers. The employer and worker each pay a percentage based on<br />

the salary of the worker. social security insurance covers 75 per<br />

cent of a worker's salary when absent due to illness for up to three<br />

months, including a three-month maternity leave; the employer<br />

pays the remaining 25 per cent. for the 80 per cent of the population<br />

without formal jobs, medical coverage is provided by the ministry of<br />

92

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