The Ley de Apoyo Humanitario (Law on Humanitarian Support) provides for some considerations such as suspension of working days or agreements to modify the economic conditions of the employment relationship, reduction of working hours by half, the creation of a new emergency contract, administration of the worker’s vacation period for the next two years and teleworking. To learn more about this, go to this link.
⚠️ If you have been hired, both you and your employer should remember that you enjoy the right to dignified treatment and fair payments. In addition, you have the following rights:
• ?? Social Security affiliation from the first workday.
• Work up to 8 hours a day, and 40 hours a week if your contract is full time.
• ? Basic salary: If you work 8 hours a day or 40 hours a week, you are entitled to receive at least the full salary. In 2021 this salary is US$ 400 dollars. From this number, your employer will deduct 9.45% of the social security contribution.
• ? Proportionally receiving the thirteenth salary based on the number of months worked between December 1 of the previous year and November 30 of the current year.
• ? Proportionally receiving the fourteenth salary (school bonus) based on the number of months worked in accordance with the school regime.
• ⛱️ Paid vacation: According to the Ley de Apoyo Humanitario (Law on Humanitarian Support), the employer may have the employee’s vacation, for example, may determine that by 2021 the employee will take the vacation due to him during the next two years. The employer can even discount the days the worker has been absent, for any reason.
• ?? Maternity leave: By birth of a child, you are entitled to a 12-week leave. If you had a multiple birth (more than one child) or a C-section, you are entitled to 10 additional days of leave. In case the newborn has a disability or serious congenital illness, you are entitled to 3 more months of leave.
• ? Paternity leave: By birth of a child, you are entitled to a 10-day leave. If there is a multiple birth (more than one child) or a C-section delivery, paternity leave will be 15 days. If the newborn has severe degenerative disease (more than 75%) you are entitled to a 25-day leave.
• ? Sick leave: In accordance with your employment contract and the regime under which you have been hired, you are entitled to common sick leave, provided you have a medical certificate endorsed by the relevant bodies. If you work in the public sector there are 2 types of contracts, those operating under the Organic Law for the Public Sector – LOSEP (in Spanish), which gives workers a common sick leave of up to 3 months and 3 additional months for rehabilitation. Afterwards employees can request up to 2 hours a day by medical prescription. The second type are those contracts operating under the Labor Code, which gives workers a sick leave for common or occupational illness for an indefinite period in which the employer is only obliged to pay 50% of the salary during the first 3 days of disability. After this, the worker will get a subsidy from the Instituto Ecuatoriano de Seguridad Social (Ecuadorian Social Security Institute), IESS (in Spanish) for a period of up to 6 months, provided that the conditions provided for by law are met. If you work in the private sector, you will be under the Labor Code regime. Each type of contract grants you specific licenses.
If you suffer from a catastrophic illness and your contract is governed by the LOSEP, you will be entitled a paid 6-month leave and 2 hours a day for rehabilitation. If you are hired under the Labor Code, you will have the same leave as that of a common illness.
⚠️ If you have been a victim of exploitation or harassment at work or have suffered any kind of discrimination, go to the Ministerio del Trabajo (Ministry of Labor) and file a complaint before a Labor Inspector.
You can also request free legal assistance from the Defensoría Pública (Public Defender’s Office) by writing to this email or by contacting UNHCR offices.