In Ecuador, the Labor Code is the established laws regarding work, but employers ignore these provisions.

In most companies operating in Ecuador, especially in medium and large industries recruitment for working conditions not in accordance with the provisions of law. Due to the great need for people to put bread on their homes, these conditions are accepted but are not way out. The most affected in this situation are the people belonging to the working class , which is the hardest working and least receive recognition, since they are usually people without higher education, their educational level is lower and unaware of their rights. There are many abuses of these people, but the most important are listed below:

1. Long hours
2. Low pay
3. Work unpaid overtime or underpaid
4. Work on rest days and holidays mandatory
5. No affiliation with the IESS (Social Security Institute)
6. Lack of recognition of social benefits
7. Lack of personal protective equipment (for factories)
8. Inadequate settlement in case of unfair dismissal


As workers in this class, almost entirely ignorant of the law and have difficulty obtaining a job , adopt a conformist attitude, because if you put a complaint, this could not be considered by the relevant entity and no doubt these will lose their job .

Differences with the Labour Code

The provisions of the Labour Code amended in 2011, set some parameters that benefit the worker and are not followed. Article 4 refers to workers’ rights are inalienable, which means that under no circumstances the employer may exclude those rights, even if there was a contract which stipulates that the employee waiver thereof. This includes membership in the IESS and social benefits are paid the thirteenth, fourteenth salary, vacation and reserve funds.

Article 47 provides that the maximum working day is eight hours a day, not to exceed 40 hours per week.According to Article 58, the overtime can be up to four on the day and can not exceed twelve in the week and if they are on day shift will be paid with surcharge of 50% and 100% in case of night, which does not rarely met because in many companies the days are twelve hours a day. The furlough days are for Saturdays, Sundays and holidays and if any need to work on those days, the surcharge will be 100%, as provided in Article 65. In the case of unfair dismissal, settlement shall be:

# Up to 3 years of work, three pay
# More than three years, compensation for each year of service

The acquisition of personal protective equipment is required by the employer in case of works that represent some risk, but many companies do not take into account this issue because the more you reduce costs, will be best for them. All these provisions are in the Labor Code .

Officials from abuse

Due to the lack of attention by regulators, workers who have some knowledge of their rights are afraid to report, because if there is only one complaint to a company, the complaint will not be served and the worker may lose the job. There must be some complaints to be taken of the case. Is so high the level of corruption, bribery can delete the history of a company which is under fire for these organisms. The authorities also are concerned about law enforcement, and in their noses are committed violations of the code and no existing system of heavy penalties to secure the working class that their rights will be met.