Regulations for the return to in person work activities in the private sector

Regulations for the return to in person work activities in the private sector - CorralRosales - Lawyers in Ecuador

The Ministry of Labor issued Ministerial Agreement MDT-2021-214, published in the Official Register No. 507 of August 02, 2021, that contains the “Guidelines to Return to In Person Work Activities”. Hereafter their main features:

With the exceptions detailed below, it is up to employers to determine if employees return to in person work, whether they are immunized or not.

Employers must comply with the “Guide and General Plan for the Progressive and Safe Return to In Person Work Activities” approved on June 29, 2021, by the Emergency Operations Committee – COE National.

Employees with aggravating conditions or who have under their care a person with an aggravating condition, who have been vaccinated and necessary time for immunization has lapsed, shall return to in person work.

Even if employees with aggravating conditions are immunized -or the individual with aggravating conditions under their care is immunized- if the occupational physician or a center accredited by the Ministry of Public Health, certifies that the employees may not perform in person work, he or she will remain under telework modality.

Employer´s failure to comply with the Ministerial Agreement may be sanctioned by the Ministry of Labor with a fine up to one (1) minimum statutory wage (currently US$400).

Aggravating conditions are considered:

  • Individuals over 65 years old.
  • Individuals with chronic non-transmissible diseases.
  • Individuals with cardio-vascular diseases.
  • Individuals with cerebrovascular diseases.
  • Individuals whit disability of 50% or more.
  • Pregnant and breastfeeding women.
  • All types of congenital malformations of the heart and all types of heart valve diseases.
  • Oncological and oncohematological patients with recent diagnosis or active disease.
  • Individuals with brain tumor in any state and any type.
  • Chronic renal insufficiency.
  • Cirrhosis.
  • Individuals who have received an organ transplant or are waiting for a transplant.
  • Individuals with sequels of severe burns.
  • Individuals with Klippel Trenaunay syndrome.
  • Individuals with thoracic-abdominal aneurysm.
  • Individuals with HIV.

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DISCLAIMER: The previous text has been prepared for informational purposes. CorralRosales is not responsible for any loss or damage caused as a result of having acted or stopped acting based on the information contained in this document. Any additional determined situation requires the specific opinion and concept of the firm.