The existence of labor protection shields, which limit the number of hours that must make up an ordinary working day, is a common denominator in Central American labor legislations, and in the case of El Salvador, there is even the peculiarity that these limits are expressly determined from the imperative Constitutional Norm, which makes them even more difficult to modify than if they were established in the Secondary Legislation. The Salvadoran Constitution in its Art. 38 Ord. 6 establishes that: “The ordinary working day shall not exceed eight hours and the working week shall not exceed forty-four hours”. Pursuant to Chapter III of Book One of the Labor Code, working hours are daytime and nighttime. Daytime hours are between six hours and nineteen hours of the same day; and nighttime hours are between nineteen hours of one day and six hours of the following day. Article 161 of the Labor Code establishes that the ordinary night workday shall not exceed seven hours and the workweek shall not exceed thirty-nine hours.
The general rule is that the workday must be a single workday, i.e. one in which breaks to take food are part of the workday and considered as effective work time; such breaks must be at least 30 minutes. A split workday is allowed, provided that the break between one part of the workday and the other is longer than 30 minutes, for example 1 hour, and in these cases this break will not be considered part of the workday. Pursuant to Article 164 of the Labor...
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