El Salvador: Information on the procedures for issuing a Certificate of Rights and Dues (Certificación de Derechos y Cotizaciones); on whether it would have been possible in 1995 to issue a certificate issued two months after an individual had left the country; and on whether such a certificate would only be valid for one month from the date of issue

The following information was provided in a 19 February 1997 personal interview with the ambassador of the Embassy of the Republic of El Salvador in Ottawa.

A certificate of rights and dues (certificación de derechos y cotizaciones) is a document issued by the Salvadoran Institute of Social Security (ISSS, Instituto Salvadoreño de Seguro Social) which gives the holder access to certain social benefits. The certificate must accompany a social insurance card (carnet de asegurado), and is used as proof that the individual's social benefit contributions have been paid, thus entitling the individual to access social services. The certificate is only issued to employees who work for private-sector firms. Public-sector employees fall under a different social benefit programme.

The costs of the social benefit insurance are paid in part by the employee, the employer, and the state. Employee dues are paid by the employer through wage deductions directly from the employee's paycheque. The employee  must sign for their paycheque and consequently approve the accompanying list of deductions. Certificates are issued to the employee by the ISSS, once confirmation of payment has been received from the employer.

An unemployed person cannot receive a certificate or have access to benefits, as the system requires employer contributions. An exception to this situation would be if the individual was recently unemployed, as a worker is entitled to receive an additional thirty days of benefits for each year worked.

It is possible for a certificate to be issued two months after the date it was submitted, as the processing steps are bureaucratic procedures that can take time. A receipt of employer contributions (certificado patronal) is only valid for one month, while a social insurance card (carnet de asegurado) is usually issued for a period of validity longer than one month.

In most cases, an individual residing for an extended period of time outside the country would not have valid social benefit documents, as the person would not be employed by a Salvadoran company which is regularly paying the dues associated with these benefits. The ISSS does not issue social benefit documents to addresses outside the country nor can a person register through embassies abroad. The person would need to return to El Salvador to obtain these documents, or have a family member or notary act on their behalf. Additionally, benefits only apply to social services available in El Salvador.

If a person does not have a cedula or driver's license, a notary can accept the social insurance documents for identification purposes.

The source also noted that social insurance cards (carnets de asegurados) issued since October 1993 are yellow.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Embassy of the Republic of El Salvador, Ottawa. 19 February 1997. Personal interview with ambassador.