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Ministerial Agreement MDT-2026-059, signed on February 27, 2026 and published in the Fourth Supplement of Official Registry on March 10, 2026, repeals Ministerial Agreement MDT-2018-0219 and its reform, updating the rules applicable to all employers and workers subject to the Labor Code.
- Special shifts and working hours:
Ministry of Labor authorization is required for:
(i) Shifts exceeding 5 consecutive days with additional accumulated rest days.
(ii) Shifts of fewer than 5 consecutive days with rest intervals of less than 2 consecutive days; and
(iii) Rotating daytime, nighttime, or mixed schedules in continuous or discontinuous workdays.
All other modalities only require written consent between the parties, registered in the Ministry’s system within 30 days of execution.
Authorization of special shifts or working hours does not preclude the parties from agreeing on supplementary or extraordinary hours, which must in all cases comply with the limits and surcharges set forth under Article 55 of the Labor Code.
Special working hours previously authorized under Ministerial Agreement MDT-2018-0219 remain fully in force without requiring new authorization.
- Collective bargaining protection:
Special shifts or schedules provided for in collective agreements and settlement agreements shall remain in force.
- Efficient workday for development:
Employers and workers may agree to distribute the 40 weekly hours dynamically across 5 days of the week, in daily shifts of up to 10 hours, whether in-person, remote, or hybrid.
The agreement must be set out in the employment contract or an addendum, with the agreed schedule expressly stated. The signed consent must be registered in the SUT system within 30 days.
Hour compensation operates using each individual workweek as the reference period: hours worked in excess on one or more days may be offset by shorter workdays during the remaining days of that same week. When the total hours effectively worked in a week exceed forty, the surcharges established under Article 55 of the Labor Code shall apply.
- Youth employment:
When special shifts or working hours create new positions for individuals aged 18 to 29, the hiring process must be carried out through the “Encuentra Empleo” platform. The Ministry will grant priority processing to employers who certify that at least 15% of their workforce falls within this age range.
- Medical radiology technologists and drivers:
Medical radiology technologists may work up to six hours per day exposed to radiation, with a maximum of thirty weekly hours in such activity, plus two daily hours devoted to administrative duties, completing a maximum workday of eight hours and forty weekly hours between both activities.
Drivers’ workdays, including mandatory rest periods and rotation requirements, may not exceed twelve hours.
- Administrative silence:
Administrative silence operates as implied approval: if the Ministry does not resolve within 10 days of submission or of the document completing, clarifying, or correcting the application, the request shall be deemed approved. If you have any questions regarding this Agreement, or require any support implementing it, our team is ready to assist you at every stage of the process. Please contact us at laboral @ tzvs.ec
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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.