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The Organic Law for Comprehensive Cancer Care published in the Official Registry on March 4, 2026, introduces significant changes in labor protection for persons diagnosed with cancer and their caregivers.
- Reinforced Stability:
The regulation establishes reinforced job stability for three groups of workers:
- persons diagnosed with cancer;
- substitute workers; and
- persons acting as caregivers for persons with cancer, provided that the illness generates a condition that prevents the person from independently carrying out activities necessary for their subsistence.
For the termination of the employment relationship of these workers, the employer must provide reasonable and sufficient justification that the
termination is not due to the illness, in addition to being based on the grounds and procedures recognized in current regulations.
- Leave, Schedules, and Protection:
Additionally, the Law guarantees that mothers, fathers, or primary caregivers of children and adolescents with this illness have the following labor rights:
- Paid leave to accompany the minor to consultations, treatments, and hospitalizations;
- Flexible schedules or remote work, when the nature of their functions permits; and,
- Protection against retaliation or discrimination arising from the exercise of care.
- Additional Regulations:
Transitory Provision Five of the Law establishes that the Ministry of Labor must issue, within one hundred eighty days from March 4, 2026, the corresponding regulations to guarantee the right to reinforced job stability.
In this context, employers are advised to review their internal human resources policies to incorporate the protections established in this Law. For further information or labor advisory services regarding the application of this new Law, please contact Tobar ZVS at laboral @ tzvs.ec.
© TobarZVS
This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.