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THE MINISTRY OF LABOR ISSUED GUIDELINES TO COMPLY WITH THE ORGANIC LAW ON EQUAL PAY FOR WOMEN AND MEN

By Tobar ZVS en LABOR CONSULTANCY .

On January 8, 2025, the Ministry of Labor (“MdT”) issued Ministerial Agreement MDT-2025-006 to regulate and ensure compliance with the provisions of the Organic Law on Equal Pay for Women and Men.

 

Below are the key points you need to know:

 

  1. Main obligations for employers:

    1. Implement annual training programs of at least 40 hours focused on gender equity issues.

    2. Promote actions that reinforce the value of work from a gender equality perspective.

    3. Starting in 2026, submit an annual report every January via the MdT’s online platform detailing the actions implemented to comply with the regulations.

  2. Compliance Certification:

    As of February 2026, employers who meet these obligations may request a Certificate of Compliance from the MdT as a recognition of their commitment to gender equality.

     

    The MdT will publish the list of employers holding this certification through official channels.



  3. Complaints of wage discrimination:

     

    Employees who believe they are victims of wage discrimination may file a complaint before the Labor Inspector. The inspector’s primary role will be to mediate between the parties to address and reduce any potential wage gaps.

     

    If an agreement cannot be reached, the employee may initiate legal action against the employer. The competent judge will determine whether wage-related rights were violated and, if so, will order retroactive payment of wages and establish a new salary in accordance with the law’s criteria.

     

    Note: Filing a complaint with the MdT is not a prerequisite for initiating legal action.


  4. Penalties:

    Employers who fail to comply with their obligations or with agreements reached before the Labor Inspector may face fines of up to 20 unified basic salaries (currently equivalent to USD 9,400).

 

© 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.

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THE MINISTRY OF LABOR ISSUED THE GUIDELINES FOR THE DEVELOPMENT ...

The Ministry of Labor issued the Guidelines for the development of the Equality Plan.

Hereby what you should know:

  • Obligated employers: Employers with 50 or more employees are required to develop an Equality Plan.

  • Special Committee: The Equality Plan shall include the creation of an Special Committee or designate the position for its monitoring, evaluation, and periodic review.

  • Registration: Obligated employers shall register the Equality Plan in front of the Ministry of Labor by July 31st, 2024.

  • Validity: The Equality Plan will be in force for 4 years, from its registration, and shall be socialized among the employees.

  • Sanctions: Non-registration is a breach penalized with fines up to US$200.



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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.

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GUIDELINES TO OBTAIN THE “VIOLET SEAL” ...

The Ministry of Labor and the Ministry of Production, Foreign Trade, Investment and Fisheries issued Interministerial Agreement No. MPCEIP-MDT-2024-001-AI, published in Official Gazette Supplement 592 of July 03, 2024.

 

The Interministerial Agreement contains the guidelines for the application and qualification of the “Violet Seal” (Sello Violeta) certifying entities, as well as the requirements and benefits available to employers that have this certification seal.

 

The Violet Seal is a recognition to employers that promote diversity, equity and gender inclusion in accordance with the provisions of the Organic Law to Promote the Violet Economy and its Regulations.

 

  • Requirements to obtain the Violet Seal

 

Among the main requirements that employers must present in order to obtain the Violet Seal are the following:

 

  1. Evidence of uniform delivered to employees.

  2. Certificate of Compliance with IESS’ Obligations.

  3. Workstation Manual in accordance with current regulations.

  4. Payroll of human talent with details on promotions and professional development.

  5. Equality Plan duly registered and implementation of Equality Policies.

  6. Psychosocial risk prevention program.

  7. Implementation of regulations for the elimination of harassment, violence and discrimination.

  8. Proof of provision of childcare services (for employers with 50+ workers).

  9. Evidence of a permanent breastfeeding center (for employers with 50+ workers).

 

  • Procedure to obtain the Violet Seal

 

The certifying entities will have 60 days to review the documentation submitted by the employers and prepare a report that shall be sent to the Ministry of Labor to issue the corresponding resolution, if applicable.

 

  • Violet Seal Benefits

 

Employers who obtain the Violet Seal shall receive the following benefits from the Ministry of Labor:

 

  1. Exemption from ex officio inspections by the Ministry of Labor during the period of validity of the seal (one year).

  2. Unlimited use of the seal.

  3. Training and preferential attention: priority access to training programs and administrative services of the Ministry of Labor.

  4. Preferential Notification: Priority reception of new labor regulations issued by the Ministry of Labor.

 

Employers who obtain the Violet Seal will also receive benefits from the Ministry of Production, Foreign Trade, Investment and Fishing.

 

© 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.

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ELECTRIC “PICO Y PLACA” ...

On October 22, 2024, through Ministerial Agreement MDT-2024-200, the Ministry of Labor authorized changes to the workday schedule in Ecuador due to the ongoing electrical crisis. The new work schedule options are as follows:

 

  • Monday to Thursday: from 7:00 AM to 5:00 PM.

  • Thursday to Sunday: from 7:00 AM to 5:00 PM.

 

Work shifts must not exceed 40 hours per week. Any hours worked beyond this limit must be compensated with the corresponding legal surcharges.

 

Here are the main conditions for implementing the Electric “Pico y Placa” system:

 

  • Mutual agreement: The workday schedule modification must be mutually agreed upon by both the employee and the employer, and a temporary amendment to the employment agreement must be signed.

  • Mandatory weekly rest: Employees are entitled to an additional rest day, resulting in three consecutive days off.

  • Duration: There is no fixed deadline for this measure. Agreements will end either once the energy crisis is resolved or by mutual agreement of the parties.

  • SUT Registration: The agreement must be registered in the Unified Labor System (SUT) within 30 days of signing the agreement.

 

© 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.

By ZVS Tobar in LABOR CONSULTANCY

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