El Salvador
Knowledge Base

Justified Dismissal

1) if the worker deceived the employer by means of false letters of recommendation or certificates when the contract was concluded. This ground ceases to be operative after the worker has completed 30 day’s employment;

2) due to the worker’s repeated negligence,

3) if the employer lost confidence in an employee exercising managerial supervision, surveillance, audit functions, or similar functions – however lack of confidence of employees holding supervising duties is difficult to prove at court. As stated by the Supreme Court of Justice –Sala de lo Civil. Sentencia N° 436- 2002 de 13/08/2002, sufficient objective evidence must be submitted by the employer to convince the Judge that the actions that led to the dismissal for lack of confidence are indubitable –;

4) if the worker reveals manufacturing secrets or communicates administrative matters to the detriment of the undertaking;

5) if the worker commits serious acts of immorality inside the undertaking or while performing work outside the workplace,

6) if the worker commits disrespectful acts against the employer or his/her relatives, except in the case of provocation,

7) if the workers commits acts causing serious disruption to the company’s activity;

8) f the worker (either intentionally or by negligence) seriously endangers the safety or operation of the establishment, or the persons therein safety or activity of the workers, or their health,

9) if the worker deliberately damages the plant, machinery, tools, work implements, goods or merchandise,

10) if the worker is absent from work without any justification for two consecutive working days, or a total of three days within the same months;

11) if the worker, after imprisonment or pre-trial detention, comes back to work, within three days from the date of release, and s/he committed a crime against the employer or his/her relatives,

11) if the worker commits serious breaches of the obligations under the contract of employment,

12) in the event of disobedience to the employer (or employer’s representative),

13) if the worker drinks alcohol or takes drugs during working time or if s/he works under the effect of alcohol or drugs,

14)If the worker does not fulfil his/her obligations under art 24 LC. In these cases, no severance payment is due

Unjustified Dismissal

In case of dismissal without cause (“despido incausado”), the severance payment amounts to 30 days
basic salary per each year of service or in proportion for any fraction of year, with a minimum of 15 days´
basic salary (Article 58 LC). The same severance payment applies to the termination of the employment
agreement due to the employer´s breach of its obligations, as defined in article 53 LC (despido de facto).