#CostaRica 🇨🇷 #BDS_LaborAlert: 6.62% Salary Increase For The Private Sector
The National Wages Council approved a general 6.62% increase for all salary categories in the...
Domestic workers in El Salvador are, without a doubt, an essential force in the daily life of thousands of families. However, their contribution remains largely unseen and underappreciated in terms of labor rights and social protection. The current reality reveals a longstanding debt to this sector, which deserves attention, respect, and concrete action.
According to figures from the Ministry of Labor and Social Welfare, by the end of 2023 there were more than 140,000 individuals employed in remunerated domestic work. Nevertheless, only about 5% of them are enrolled with the Salvadoran Social Security Institute (ISSS in Spanish), meaning that the majority of these workers perform their duties without access to basic health services and without minimum safeguards.
The Salvadoran legal framework includes specific regulations for domestic work. Articles 76 to 86 of the Labor Code establish rights such as wages, rest periods, vacation time, leaves of absence, and severance compensation, along with the employers’ obligation to provide the monthly certificates. The Constitution also expressly recognizes these rights, emphasizing that the nature of the work must not be used as a basis for excluding anyone from labor protection.
Despite this, a considerable gap persists between the law and its practical application. Ambiguity regarding working hours and the informality of hiring arrangements mean that many domestic workers are unclear about their rights and unable to effectively enforce them. Additionally, there is a lack of effective state oversight mechanisms.
The jurisprudence of the Constitutional Chamber has provided some important interpretations concerning this type of employment, particularly in clarifying the meaning of Article 80 of the Labor Code, which states that those engaged in domestic service are not subject to a fixed schedule. This provision, when misunderstood, has been used as a pretext to extend working days beyond the legal limits without the corresponding additional pay.
It is essential to distinguish between flexible scheduling and labor abuse. Under current legislation, the daytime workshift must not exceed eight hours per day or 44 hours per week; as for the nighttime shift, it must not exceed seven hours per day or 39 hours per week. Any additional time, whether during the day or night, must be remunerated with overtime pay. This rule applies regardless of whether the worker resides in the employer’s household or commutes daily to her own residence.
The employment relationship between employers and domestic workers is one of dependency (subordination, wages as consideration for the service rendered, and other characteristics inherent to labor relations). The work performed—cleaning, cooking, childcare, or eldercare—is directly tied to the well-being of families, though it does not generate profit for the employer. Even so, this cannot serve as an excuse to deny them dignified working conditions.
Organizations such as ORMUSA have been clear in underscoring the urgency of promoting reforms to guarantee effective social protection, mandatory registration with the ISSS, recognition of care work as labor with economic value, and the implementation of mechanisms to ensure compliance with the existing legal framework.
This is a key moment for El Salvador to foster a culture of greater labor justice. Domestic workers can no longer be seen as informal “help,” but rather as workers with full rights. Recognizing and protecting them under the law and, above all, in practice is a task that can no longer be postponed.
It is necessary to promote the ratification of ILO Convention 189, establish a sector-specific minimum wage, ensure their inclusion in the social security system, and launch a state-led campaign to educate both employers and domestic workers on their respective duties and rights. These actions align with the Ministry of Labor’s stated policy of formalizing certain productive sectors.
Domestic work is a cornerstone of the care economy. Strengthening its regulation not only improves the lives of those who perform it, but also directly impacts the quality of life of the households that depend on this support. It is time to take the step and recognize this work with fairness and dignity.
In light of this, I believe we face a structural challenge in the field of paid domestic work, one that requires political will, institutional commitment, and social awareness to overcome. Because when a country protects those who provide care, it is also safeguarding its own future.
Jaime Solís
Partner, BDS Asesores
