In Ecuador, employment conditions can vary greatly depending on the type of work. The Ecuadorian Constitution and the Labor Code establish the fundamental principles of labor law.
The maximum working time shall be eight hours per day, so that they do not exceed forty hours per week, except by the provision of the law to the contrary. For the effect of the calculation of the eight hours will be considered as effective work time, that in which the worker is at the disposal of his superiors or the employer, fulfilling his orders. The obligatory days of work cannot exceed five in the week, or 40 weekly hours (weekly). Art 47 of the Labour Code
Special days of shorter duration
As an exception to the eight hours maximum duration of the working day, the law establishes special days of shorter duration, so we have:
Art 84 Law of Childhood and Adolescence.
In companies or work centers that do not have daycare centers, during the nine months after childbirth, the day of the infant will last six hours, which will be indicated or distributed in accordance with the collective contract, the internal regulations, or agreement of the parties. Art 155 of the Labour Code.
The Sectoral Commissions and the Work Commissions have the faculty to determine the industries in which the work will not be allowed during the whole day, and will determine the number of hours of work. Art 48 of the Labour Code.
In the permanent part-time work contracts, the duration of the working day is also less than eight hours. The part-time contract, that is, the one through which a worker is obliged to the employer to provide their legal and personal services, on Saturdays, Sundays and compulsory rest, allows working in full days of eight hours or partial days. Art 82 & 50 of the Labour Code.
Longer Special Days
Unlike the cases noted above, the working day can exceed 8 hours a day of work, without this meaning, the payment of additional work, so we have:
Overtime hours are considered to be ‘supplementary hours’ if worked during the day or until midnight. If the supplementary hours take place during the day or until midnight, the employer will pay the corresponding remuneration for each of the supplementary hours with a fifty percent (50%) surcharge. On the other hand, if the supplementary hours are between twelve o’clock in the evening and six o’clock in the morning, or if they are executed on Saturdays or Sundays, the worker is entitled to one hundred percent (100%) surcharge.
In the piecework, the units of work executed during the surplus hours of the mandatory eight will be considered for the surcharge of the remuneration; in such case, the remuneration corresponding to each unit will be increased with fifty or one hundred percent surcharge depending on the case.
Overtime hours are considered to be ‘extraordinary hours’ if worked between twelve o’clock in the evening and six o’clock in the morning, or if they are worked on Saturdays or Sundays. Employees are entitled to receive a one hundred percent (100%) surcharge for any extraordinary overtime hours that are worked. Art. 47, 55 of the Labor Code.
An employee may work up to a maximum of eight hours per day, five days per week, thus totaling a maximum of 40 hours per week. The Labour Law establishes that the maximum time of effective work in underground activities is six hours per day. If an employee has to work regularly from 7:00 p.m. to 6:00 a.m., he must receive his regular remuneration plus a 25 % surcharge. Article 47 of the Labour Code.
Remuneration for overtime currently in force, pursuant to which a written agreement must be reached between the parties according to the following requirements:
Article 55 of the Labour Code
Night work applies to work performed between 7:00 PM and 6:00 AM the next day. Employees performing night work are entitled to receive regular remuneration and a twenty-five percent (25%) surcharge.
Overtime occurring before midnight is considered ‘supplementary’ and is paid with an additional surcharge of fifty percent (50%). Overtime occurring from midnight to 6:00 AM is considered ‘extraordinary’ and is paid at a higher surcharge rate of one-hundred percent (100%). Art. 47, 55 of the Labor Code.
The ordinary workday can be divided into two parts, with rest up to two hours after the first four hours of work. The working day can also be unique, that is, executed continuously during the day for which, the authorization of the Director or Deputy Director of the Work is required, depending on the circumstances.
Official, public and national holidays for Ecuador:
Ecuador’s labour laws require that employers provide a day off to their employees for nationally recognised holidays. Pay for these holidays is based on the worker’s contract with the employer. Employees that are required to work on a holiday due to the nature of their business are required to receive a different day off for holiday celebrations.
Employees are entitled to 15 days of paid holiday per year. After five years, employees are entitled to one extra day per year worked with a maximum of 15 extra days.
The ordinary workday can be divided into two parts, with rest up to two hours after the first four hours of work.
Both parents are entitled to a 25 day leave each if their child is hospitalized. They must, of course, submit a medical and hospitalization certificate to their employers.
Employees are entitled to a work leave and to full remuneration in case of death of a spouse, common-law spouse, parent or relative within the second degree of consanguinity or affinity.
A woman may leave work for up to one year in the event of inability to work that, as stated in a medical certificate, originated from pregnancy or delivery and prevents her from working. Her employment contract cannot be terminated for this reason. Remuneration will not be paid for the time in excess of twelve weeks, if not mentioned under collective bargaining agreements. A worker may leave work for up to one year due to non-occupational illness, provided that the inability period does not exceed one year.The employer must pay the worker, where he is not entitled to pay by the Ecuadorian Social Security Institute, 50% of his remuneration for up to two months within each year.
In addition to job security, the woman is entitled to a 12-week paid leave because of the birth of her firstborn, these twelve weeks can be taken even days or weeks before the birth occurs, however at 12 weeks will have to re-join their normal work. Only in the case of multiple births this license will be extended for ten more days. Art 153 & 154 of Labour Code.
Mothers who re-join their work within the company, will have a special schedule of 6 hours per day for breastfeeding. This provision is stipulated in article 155, third paragraph of the Labour Code, which states: It is important to clarify that the 9 months of special hours are counted from the birth of the child.
This paid leave is 10 days in the case of normal delivery; an additional 5 days will be granted in case of caesarean section or multiple births; if the child is born premature or in special care, the parent will be given an additional 8 days of paid leave; and when the daughter or son has been born with an illness, degenerative, terminal or irreversible, or with a severe degree of disability, the father may have a license with remuneration for twenty-five days.
Adoption Leave Labour Code grants adoptive parents a paid leave for 15 days from the moment their son or daughter is legally delivered to them. Art 156-162 of Labour Code.
Last updated on: March 6th, 2019