Newsletter
The obligation of Nurseries in Work Centers
In accordance with the ruling of the Sala de lo Constitucional of the Corte Suprema de Justicia, unconstitutionality processes due to omission of lack of regulation in the second law of what is regulated in the Constitución de la República in its Article 42 inc. 2, which prescribes: “The laws shall regulate the obligation of employers to install and maintain nurseries and places of custody for the children of workers” said Judgment orders the Asamblea Legislativa to issue a secondary law that regulates everything related to the benefit places of custody for the children of workers.
The Judgment in reference has established parameters for compliance with the provisions of art. 42 inc 2 of the Constitución de la República, determining that employers have the duty to provide care centers for the children of their workers. In them, the child must be under the custody of a suitable and qualified professional who is responsible for providing the care required during the duration of the working day of his father or mother, in order to provide an adequate environment for his or her integral development. This implies carrying out activities suitable for the development of the child’s cognitive, social, affective, and psychomotor skills. The existence of this type of center is justified by the special importance that the protection of children and adolescents has for the State (art. 34 and 35 Cn.).
Finally, it is to be seen that the Asamblea Legislativa must issue the law that establishes the aspects of the Obligation to Install Nurseries in Workplaces concerning the constitutional mandate, no later than May 31, 2018, having to observe for for this purpose, what is prescribed by the Constitution and what is said by that court in its jurisprudence.
January, 2018
Legal Firm Expert in Labor Law and Corporate Law. El Salvador, Central America.
