• Legal counsel on hiring, selection, and employee termination processes.
• Implementation of internal policies that promote diversity and productivity.
• Design of strategies for labor restructuring and mass layoffs.

• Labor audits to identify risks and prevent sanctions.
• Occupational health and safety consultancy, complying with legal standards.
• Training for Human Resources teams and executives on labor regulations.

• Management of outstanding payments for severance, 13th/14th month bonuses, and profit sharing.
• Claims for unpaid overtime and unrecognized benefits.

• Counseling and representation in complaints for workplace harassment or mobbing.
• Defense in cases of labor discrimination based on gender, age, or other causes.

Non-waivable rights are those established by law that cannot be eliminated or modified through agreements between employer and employee. These include the right to a living wage, IESS (Social Security) affiliation, 13th and 14th month bonuses, vacation time, profit sharing, job security during pregnancy and nursing, and severance pay in case of dismissal. Even if an employee signs an agreement waiving any of these rights, such an agreement will be considered null and void.

In Ecuador, the most common employment contract types are as follows:

1. Indefinite-Term Contract (Permanent):

• No pre-established termination date.
• The most common contract type for permanent employment relationships.

2. Fixed-Term Contract:

• Has a specific duration, generally not exceeding two years.
• May be renewed once, after which it becomes an indefinite-term contract.

3. Casual (Eventual) Contract:

• Designed for occasional activities that are not part of the core business operations.
• Duration cannot exceed 180 days within a one-year period.

4. Task-Based or Project-Based Contract:

• Ends once the specific work or task for which the worker was hired is completed.
• Common in sectors such as construction and temporary projects.

5. Productive Sector Contract:

• Used in agricultural, manufacturing, or industrial activities related to specific production processes.
• Features benefits and conditions adjusted to the nature of the activities.

6. Part-Time Contract:

• For work that does not exceed 30 hours per week.
• Salary and benefits are proportional to the time worked.

The Emerging Employment Contract was introduced in Ecuador as a special modality within the framework of recent labor reforms, aimed at promoting economic recovery and facilitating hiring in sectors affected by extraordinary situations, such as the COVID-19 pandemic or economic crises.

Characteristics of the Emerging Employment Contract:

1. Duration:

• It can be temporary, with a maximum duration of one year, renewable only once.
• If it is renewed for a second time, it automatically becomes an indefinite-term contract.

2. Workday Flexibility:

• It allows for a more flexible distribution of working hours, adjusting to the employer’s needs.

• 13th Month Bonus: This corresponds to one-twelfth of the total earnings received during the year and must be paid by December 24th.
• 14th Month Bonus: This is equivalent to one Unified Basic Salary (SBU) and is paid in August or April, depending on the region (Coast/Highlands).

Unfair dismissal (or wrongful termination) is the unilateral termination of the employment relationship without justified cause. The severance indemnity is calculated based on the time worked, generally being one month’s salary for each year of service, within the limits established by law.

Sanctions include fines for:

• Failure to register employment contracts.
• Lack of IESS (Social Security) affiliation.
• Non-compliance with working hours and rest periods.
• Non-payment of statutory benefits.

In Ecuador, female workers are entitled to a two-hour daily reduction in their workday for nursing during the first 12 months following childbirth, extending to 15 months according to the Organic Law on the Right to Human Care. This time may be distributed according to the mother’s needs and through a prior agreement with the employer.

If you do not receive your profit-sharing payment, you may file a formal claim with your employer or approach the Ministry of Labor within one year of the payment deadline (April 15th). The complaint is confidential, and the Ministry may conduct inspections and require compliance with this obligation.

Furthermore, regulations allow for judicial claims of unpaid profit sharing for up to four years back. In this case, you must file a lawsuit before a labor judge, supported by documentation proving your employment relationship and the right to receive profit sharing, such as contracts, paystubs, and settlement agreements.

If the employer fails to comply even after an administrative or judicial process, they could face additional sanctions, including fines and payment obligations with interest. Acting timely is key to ensuring your rights are respected.

If you are not paid for overtime, first request payment directly from your employer in writing, detailing the dates and times worked. If you do not receive a response, file a complaint with the Ministry of Labor, where a solution will be sought through mediation. If the problem persists, you can pursue legal action with evidence such as attendance records or pay stubs. Remember that overtime must be paid with the surcharges established in the Labor Code.

There must be a documented record of offenses committed, such as unjustified absences or serious breaches, in an Internal Regulation duly approved by a Labor Inspector. Furthermore, the employer must have complied with the disciplinary procedures established in the same document.

They are entitled to legal benefits such as IESS affiliation, profit sharing, and thirteenth-month bonuses, in proportion to the hours worked.