On May 14, 2025, the “Organic Law on Amendments Related to Age Discrimination in the Work Environment” (hereinafter the “Law”) was published in the seventh supplement of Official Register No. 38. We highlight the following:
- The Law establishes that employers must provide training to employees to promote a better working environment, preventing and eradicating harassment, violence, and discrimination based on age.
This training must be at least 10 hours long, and employers must report compliance to the Ministry of Labor using the established procedures and channels.
- Employers with 25 or more employees must include at least one employee over the age of 40 in their payroll.
Failure to comply with this obligation may result in a daily fine of USD 10 to USD 20.
- If job applicants believe they are being discriminated against based on age, they may request a formal and reasonable response explaining the decision not to hire them.
- Prohibited Practices Under the Law:
a. Discrimination, harassment, and violence based on age.
b. Including age restrictions in job advertisements.
c. Requiring private health, life, or critical illness insurance policies prior to employment.
d. Imposing age limits in training programs, promotions, or any situation that would result in improved employment conditions.
e. Terminating employment relationships based on age or by means of harassment or violence intended to induce resignation.
f.In institutions of higher education, requiring professors to retire, reduce their teaching hours, or change functions based on age.
Note: Before the publication of this Law, the Constitutional Court declared certain articles unconstitutional, prompting a presidential veto of the bill. Nevertheless, the National Assembly ordered its publication. The Law is currently in force.
We will inform you of any future developments.
Edmundo Ramos, Socio en CorralRosales
eramos@corralrosales.com
+593 2 2544144
