The Ministry of Work has issued the Decree containing the guidelines for reducing, changing or suspending work schedules during the declared health emergency.[1] The main points are:
- These guidelines apply to the private sector.
- They aim to guarantee job stability for employees. Private-sector employers will have the power to implement the emergency reduction, change or suspension of work, which applies to activities, groups or places of work.
Reduction:
- During the health emergency and for a maximum of six months (extendable for another six months) a reduction of the work schedules set out in the Work Code will be implemented due to the coronavirus (COVID 9) pandemic.
Change:
- During the health emergency, the employer may make emergency changes to employees’ work schedules, including work on Saturdays and Sundays, in order to safeguard activities and/or production.
Suspension:
- For all those work activities which by nature cannot be done remotely and/or reduced or changed, the employer will order and notify of the emergency suspension of work without this terminating the employment relationship.
- The recovery of the emergency work schedule will take place one the health emergency is over, with all the rights and obligations which were in effect before the emergency suspension of work occurred.
- The employer will decide the method and timetable to recoup work hours, which may be three hours per day once the economic activity has been reactivated or up to four hours on Saturdays.
- Employees whose work schedules were suspended will be obliged to make up for time not worked.
- Overtime (weekdays and weekends/holidays) will not apply during the period to recoup these work hours.
- Employees who fail to follow the recovery schedule will not receive the corresponding remuneration, or will return the remuneration received during the emergency suspension to the employer.
- The recovery of hours will not take place when the employees have been required by the employer during the emergency suspension of work and so have been unable to perform the activities.
Record of Measures Taken:
- During the health emergency, the emergency reduction, change or suspension of work will apply as follows:
- The employer must complete and register the form available on the SUT platform.
- The Regional Director for Work and Public Service will issue the respective electronic authorization via the SUT platform.
- The employer will inform employees by any available means of an emergency reduction, change or suspension of work and the estimated duration of the measure.
Termination
The emergency work schedule will end by agreement of the parties or once the health emergency is over.
[1] Ministerial Decree No. MDT-2020-077. See: http://www.trabajo.gob.ec/acuerdo-ministerial-n0-mdt-2020-077/
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