Defense and guarantee of employees´ individual and collective rights

Boletín laboral de CorralRosales - Foto edificio con cristalera

By  Official Supplement  Gazette No. 252 of February 1, 2023, it was published the Organic Reformatory Law to several Laws for the Defense and Guarantee of the Individual and Collective Rights of Employees  which amends some articles of the Labor Code, in the following terms:

1.    Numeral 25 of Article 42 of the Code was amended as follows:
In the case of replacements, when the replacing employee returns to his job, he shall return with the same remuneration he received and to the same occupation he performed. This return to the initial working conditions, shall not be considered a reduction in remuneration nor a change of occupation without consent.

2.    Article 57 of the Code was amended as follows:
By agreement of the parties the ordinary working day must be split in two parts. The resting time in-between workdays should be of minimum thirty (30) minutes and maximum of two (2) hours.

3.    Article 58 of the Code incorporates the power of the judicial authority to determine the legality of trust functions without the need of a petition by the employee. This implies that in a lawsuit in which the former employee claims the payment of not paid supplementary hours, the judge will have to decide whether or not said employee held trust functions and the corresponding consequences.

Edmundo Ramos

Specialist in Labor Law
Edmundo Ramos, partner at CorralRosales
+593 2 2544144

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NOTE: The above text has been prepared for informational purposes. CorralRosales is not liable for any loss or damage incurred as a result of acting or failing to act on the basis of the information contained in this document. Any additional determined situation requires the specific opinion and concept of the firm in Quito / Guayaquil, Ecuador.