The Ministry of Work amended Ministerial Decree 2020-77 which provided for emergency changes, reductions and suspensions of working hours[1]. The amendment states:
- Change in Working Hours: During the current health emergency, the private-sector employer can change its employees’ working hours, including weekend work. The employer must guarantee two consecutive days’ rest for the employees.
- Making Up Suspended Working Hours: Once operations are resumed, the private-sector employer will decide the method and schedule for making up the hours, up to 12 hours per week and 8 hours per day on Saturdays.
- Salary Payment Agreement: The employer and employees can agree to establish a salary payment schedule for the duration of the suspension.
- Emergency Vacation Planning: Given the health emergency, the employer can fix a start and end date for the use of accrued vacation days that the employee is entitled to.
- Vacation Advance Agreement: With the employee’s consent, the employer can allow the use of advance vacation days.
- Measures to Avoid Exacerbating the Employee’s Situation: With the employee’s consent, the employer can take reasonable measures to avoid exacerbating the employee’s situation.
- Other Modes of Work to be Agreed: To safeguard jobs and without having to waive employee rights, the employer and its employees can agree to other modes of work set out in the relevant regulations which respond to specific conditions such as:
- A ban on movement;
- To prevent employees from being exposed to health risks; and
- Economic conditions faced by the company.
[1] Ministerial Decree No. MDT-2020-080. See at: http://www.trabajo.gob.ec/wp-content/uploads/2020/03/ACUERDO-MINISTERIAL-Nro.-MDT-2020-080-signed.pdf
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