Key Benefits:
ORGANIZATION LAW
FOR LABOR JUSTICE AND
RECOGNITION
OF WORK ON THE HOGAR
THIRD SUPPLEMENT
Year II-Nº 483
Quito, Monday, April 20, 2015
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At the service of the country since July 1, 1895
2 -- Third Supplement -- Official Registration No. 483 -- Monday, April 20, 2015
PRESIDENCY OF THE REPUBLIC OF ECUADOR
Office No. T. 6343-SGJ-15 -297 Quito, April 17, 2015 Lord Engineer Hugo Del Pozo Barrezueta DIRECTOR OF THE OFFICIAL REGISTER In your office Of my consideration: With trade number PAN-GR-2015 -0596 of 15 of the currents, Mrs. Gabriela Rivadeneira Burbano, President of the National Assembly, referred to the President of the Republic the Organic Law for Labor Justice and Recognition of Work at Home, which the Legislative Function discussed and approved, in the first debate on the 29th of December 2014 and 6 January of this year and in the second debate on 14 April 2015. This law was sanctioned by the President of the Republic today, so that, in accordance with the provisions of Articles 137 of the Constitution of the Republic of Ecuador and 63 of the Organic Law of the Legislative Function, I refer to you that law. in original and in certified copy, as well as the certificate of discussion, for their corresponding publication in the Official Register. Additionally, please thank you that once the respective publication has been carried out, the original copies will be sent to the National Assembly for the relevant purposes. Intently, f.) Dr. Alexis Mera Giler SECRETARY GENERAL
PRESIDENCY OF THE REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING What, Article 3 of the Constitution of the Republic provides that it is the primary duty of the State to guarantee without discrimination the effective enjoyment of the constitutional rights and consecrated in the instruments
international, in particular the social security, among others; and planning national development, eradicating poverty, promoting sustainable development and equitable redistribution of resources and wealth, to access good living; what, article 33 of the Constitution of the Republic establishes that labor is a right and a social duty, and an economic right, the source of personal fulfilment and the basis of the economy. The State shall guarantee to the working people full respect for their dignity, a decent life, remuneration and fair remuneration and the performance of a healthy and freely chosen or accepted job; the Republic enshrines as an inalienable right of all persons the right to social security; therefore the State shall, in a compulsory manner, guarantee and make effective its exercise, including persons who carry out unpaid work in households, activities for self-sustaining in the field, all forms of dependent work or The Constitution of the Republic, in its article 120 numeral 6, establishes as the attribution of the legislative function that of issuing, codifying, reforming, repealing laws and interpreting them with Article 284 of the same constitutional body states that economic policy will have, among others, the objective of promoting full employment and valuing all forms of work, with respect for (i) work, as well as maintaining economic stability, understood as the highest level of production and (i) that, in accordance with the provisions of Article 326 of the Magna Carta, labour rights are non-renountable and intangible; all provisions to the contrary are null and void; whereas, the same Article states that work of equal value will be equal pay; whereas, according to the aforementioned constitutional norm, every person will have the right to carry out their duties in a suitable and conducive environment, which guarantees their health, integrity, safety, hygiene and That, in accordance with the provisions of Article 326 of the Constitution of the Republic of the right and freedom of organisation of working persons shall be guaranteed without prior authorisation. This right includes the formation of trade unions, associations, associations and other forms of organization, affiliation to those of their choice and to be freely challenged; whereas, Article 328 ibidem provides that the remuneration will be fair, with a living wage that cover at least the basic needs of the working person, as well as those of his family; he shall be unable to pay pensions for food. The State shall fix and annually review the basic salary set out in the law, of general and compulsory application;
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That, the same Article states that private sector workers have the right to participate in the liquid profits of the companies, according to the law. The law shall set the limits for such participation in undertakings for the exploitation of non-renewable resources. In companies in which the State has majority participation, there will be no payment of profits. Any fraud or falsehood in the declaration of profits that damages this right will be sanctioned by the law; that, at the disposal of Article 331 of the Constitution of the Republic it is the duty of the State to guarantee women equality in access to the employment, vocational training and promotion, vocational training and equal pay. All measures necessary to eliminate inequalities shall be taken and any form of discrimination, harassment or violence of any kind, whether direct or indirect, affecting women at work, shall be prohibited; whereas Article 332 of the Treaty The constitutional body states that the state will guarantee respect for the reproductive rights of the workers, which includes the elimination of occupational risks that affect reproductive health, access and stability in employment without limitations by pregnancy or number of daughters and children, maternity rights, breastfeeding, and the right to paternity leave. The dismissal of the working woman associated with her pregnancy and maternity status, as well as discrimination linked to reproductive roles, is prohibited; Article 340 of the Constitution states that the National System of Inclusion and Social Equity will be shaped, among others, by the social security field; that, the same Supreme Rule in its Article 367, provides that the Social Security System is public and universal, cannot be privatized and will address the the population through the provision of compulsory universal insurance, which will cover the entire population urban and rural, regardless of their employment status according to article 369; of the benefits for people who perform care tasks that will be financed with contributions and contributions from the State; that, among the objectives of the Constitutionally established development, is to build an economic system, fair, democratic, productive, solidarity and sustainable based on the equal distribution of the benefits of development, of the means of production and in the generation of decent and decent work; what is fundamental principle of the right to The State encourages the creation of workers 'and workers' organizations, and employers and employers, in accordance with the law; promoting its democratic, participatory and transparent functioning with alternability in the address; and, exercising their constitutional and legal powers, issues the following:
ORGANIC LAW FOR LABOR JUSTICE AND HOME WORK RECOGNITION
CHAPTER I
OF THE REFORMS TO THE JOB
Article 1.- Replace Article 11 by the following:
" Art. 11.- Classification.-The job contract can be: a) Express or tacit, and the first, written or verbal; b) A salary, a jornal, in participation and mixed; c) For indefinite, seasonal, eventual and
occasional; d) By certain work, by work or service
within the business pivot, by task, and to highlight; and, e) Individual, group, or team. "
Article 2.- Replace item 14 with the following:
"Art. 14.- Contract type and exceptions.-The individual contract of work indefinitely is the typical modality of permanent or permanent employment, its extinction will be produced only by the causes and procedures established in This Code.
Is excepted from the foregoing paragraph:
a) Contracts for work that are true, not customary
in the business or employer's activity; b) Any, occasional and occasional contracts
season; c) Those of learning; d) Other than determine the law. "
Article 3.- Replace item 15 with the following:
"Art. 15.-Trial period.- In any indefinite term contract, when it is first concluded, a trial period of up to 90 days may be recorded. Only for the case of domestic service contracts or paid work of the household, the trial period shall be up to 15 days. No more than one test period may be established between the same worker and the employer, regardless of the mode of employment. During the trial period, either party can terminate it freely.
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The employer will not be able to simultaneously maintain workers with probationary period by a number that exceeds fifteen percent of the total of its workers. However, employers who begin their operations in the country, or existing ones that expand or diversify their industry, activity or business, will not be subject to the 15 percent percentage for the six months after the start of the operations, expansion or diversification of activity, industry or business. In the case of enlargement or diversification, the exemption of the percentage shall not apply to all employees of the undertaking but only to the increase in the number of employees of the new business or industrial. The violation of this provision shall give rise to the penalties provided for in this Code, without prejudice to the fact that the surplus of workers of the percentage above, shall become permanent workers, in order of seniority in the entry into work. "
Article 4.- Following Article 16 add the following:
"Art. 16.1.-Of the contract for work or service determined within the business of the business.- In the contracts for work or services determined within the business turnaround, after the work or activity for which the worker was hired, has been completed, terminate the working relationship, with the payment of the allowance for eviction as provided for in Article 185 thereof. For the execution of new works or services, the employer shall have the obligation to hire again the workers who have provided their services in the execution of previous works or services under this type of contract, up to the number of jobs requiring the new work or service, being the faculty of the employer to choose the workers he considers. With regard to workers who could not be called to the new work or service, this does not imply that the obligation to call them for the following projects in which there is a need for the number of places of work. If the worker is not called upon to provide his services in accordance with the above paragraph, despite the fact that he is required to do so and there are jobs available in the new work, the sudden dismissal will be set have the right to receive the compensation provided for in this Code. In cases where the worker does not attend the call made by the employer, the obligation to hire him for the execution of new works will be without effect. This type of contract will apply the rules of the approval that correspond to it. The Ministry of Labour will issue the secondary legislation necessary to regulate this contractual modality and it will be the one who exclusively defines the activities in which it applies. "
Article 5.- Substitute Article 19 by the following:
"Art. 19.- Mandatory written contract.-The following contracts shall be concluded in writing: a) Those who deal with work requiring
technical knowledge or an art, or a particular profession;
b) certain whose labor value
exceeds five unified worker basic wages in general;
c) Those for work or for task, that have more than one year
duration; d) Those that contain the test period; e) By group or team; f) The casual, casual, and seasonal; g) Those of learning; h) Those to be celebrated with teenagers who have
completed fifteen years, including those of learning; and,
i) In general, the others to be determined in law. "
Article 6.- Replace the first and second paragraphs of Article 20, with the following:
"Art. 20.- Crossing of information.-For the purposes of the exercise of the legal powers conferred on the Ministry of Labor, the Ministry may request the exchange or exchange of information with the data base of the Ecuadorian Security Institute Social. Contracts to be concluded in writing at the Ministry of Work shall not be recorded. ".
Article 7.- In the title of Chapter I, Second paragraph of Title I, remove the phrase:" from hook " Article 8.- Articles 24, 25, 26, 27, 28, 29 and 30 shall be deleted. Article 9.- In Article 42, make the following changes: 1. Replace the number 7 with the following:
" 7. Carry a worker register consisting of the name, age, origin, marital status, work class, remuneration, date of entry and exit, home address, e-mail and any other additional information that Facilitate your location. This record will be updated with any changes that occur. "
2. In numeral 33 of the article, delete the following:
"The labor contract must be written and entered in the corresponding Labor Inspection, which will maintain a specific record for the case."
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Article 10.- In Chapter VI, paragraph 4, of Title I, replace the title "Of the wages policy" with " work and wages. " Article 11.-Replace Article 118 with the following:
"Art. 118.- National Council of Labour and Salaries.-It is the tripartite body of consultative and technical nature of the Ministry of Labour, which will be responsible for the social dialogue on labour policies. The Ministry of Labor will issue the secondary legislation necessary for its organization and conformation, as well as for the proper application of the provisions of this article. With regard to the fixing of remuneration, if the National Labor and Wage Council does not adopt a resolution by consensus at the meeting that has been convened for the purpose, it will convene itself for a new meeting that will take place at the latest within the the following five working days; if the consensus is not reached yet, the Minister of Labor shall set them in a percentage of increase equivalent to the projected consumer price index, established by the public entity authorized for the effect. It is up to the Ministry of Labor, the determination of policies and the fixing of the salaries of public servants and workers in the public sector, subject to the Public Service Organic Law and the Labor Code, of the institutions and institutions of all the functions of the State; therefore, the Ministry of Labor, which is a precautionary measure of the purchasing power of salaries, wages and salaries, and based on the availability of funds, set the remuneration and determine the scale of increase applicable to such servers public and workers who provide their services in that sector. "
Article 12.- Replace Article 119 with the following:
"Art. 119.-Duties of the National Labor and Wage Council.- It is up to the National Labor and Wage Council to develop the social dialogue on labour policies, as well as on the fixing of remuneration. This Council will have to advise the Minister of Labour on the issue of remuneration and on the implementation of a work and wage policy in line with reality, which will enable the balance between productive factors, with a view to development of the country. The Ministry of Labour shall issue the secondary legislation necessary for the proper application of the provisions of this Article. "
Article 13.- In Articles 81, 117, 120, 121, 122, 123, 124, 125, 126, and 127 of the Labor Code, replace the words "National Council of Salaries" with "National Labor and Wage Council." Article 14.- Replace the second paragraph of Article 32, by the following:
" Consequently, the employer will not be able to dismiss one or more team workers and, in case of doing so,
will be considered as dismissal of all the group and will pay compensation for each and every member. "
Article 15.- Following Article 97, add the following article:
" Art. 97.1.- Limit on the distribution of profits.- The utilities distributed to the working persons as indicated in the previous article, may not exceed twenty-four Unified Basic Wages of the worker in general. If the value of these exceeds the amount indicated, the surplus will be delivered to the Social Security solidarity benefits regime. The competent administrative authority shall issue the necessary ministerial agreements for the proper application of the provisions of this Article. "
Article 16.- Replace Article 100 with the following:
"Art. 100.- Utilities for the working people of complementary activities.-The working people of these companies, according to their annual time of continuous or discontinuous services, will participate in the legal percentage of the the liquid profits of the user companies, in which the work is carried out or the service is provided. The value of the profits generated by the natural person obliged to carry accounting or legal person user to which the workers of the company of complementary activities are entitled, will be given in its entirety to this to be distributed among all its employees, and according to their time of service in the company of complementary activities, within the fiscal year during which these utilities were generated. It shall not apply as prescribed in the preceding paragraphs, in the case of workers of undertakings providing specialised technical services in respect of the undertakings receiving such services. Any natural or legal person providing specialised technical services must have its own physical, administrative and financial infrastructure, which is wholly independent of the person to whom the work is carried out or the service is provided; and which, for such reason, may provide this service to a number of persons, natural or legal persons unrelated to each other by any means. If it is established that it is linked to a specialist technical service provider and the user of these services, it shall be carried out in the manner prescribed in the preceding paragraphs. "
Article 17.- Substitute Article 103 by the next:
"Art. 103.- Unification of utilities.-If one or several related companies share productive and/or commercial processes, within the same value chain, understood as the economic process that starts with the raw material and reaches the the distribution and marketing of the finished product, the administrative authority of work of trade or at the request of a party shall consider them as one for the effect of the profit sharing.
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The administrative work administrative authority or at the request of a party will consider them as one for the effect of the profit sharing, according to the parameters set by the Ministry of Work. "
Article 18.- Following Article 103, add the following:
" Art. 103.1.- Related Companies.-For the purposes of job responsibilities, companies are considered to be related to natural persons, legal entities, autonomous assets and other forms of association provided for in the law, domiciled in the Ecuador, in which one of them participates directly in the capital of the other in at least a percentage equal to 25% of it and shall be responsible for the purposes of the obligations contracted with its workers or workers. The subsidiaries will respond, in proportion to their participation in the company's capital in relation to the employer's obligations, and not only up to the limit of their contributions.
The above percentage will admit
Article 19.-
Replace Article 104 with the following:"Art. 104.- Determination of profits in relation to income tax.-For the calculation they shall take as a basis the declarations or determinations made for the payment of the Income Tax. The Internal Revenue Service, at the request of the Regional Director of Labour, of the workers ' organizations of the respective companies, or of whom it has its own direct interest, may have the tax determinations, which it considers suitable for establishing effective utilities. The respective organisation of workers or those who have their own direct interest shall delegate a representative for the examination of the accounts. The final audit report shall contain the observations of the representative of the employees and of those who have their own and direct interest and shall be counted in any of the instances of the tax determination. In the event of a determination of Income Tax that is firm and enforceable, the administrative authority of the competent labor will arrange the payment of the amount corresponding to profits in favor of the workers and former workers. For the purpose, the employer or who is obliged to comply with that payment in respect of the working persons and the former workers, within a period of 30 days from the notification of the order of the Ministry The Commission shall, in accordance with Article 1 (2) of Regulation (EU) No thereof, provide the Commission with the necessary information to ensure that the performance of the tasks referred to in Article 1 (2) of the Treaty is not met. State portfolio for the effective collection of such securities.
No administrative challenge or Court of Justice against the order of recovery issued by the Ministry, except for exceptions to the coactive. The Internal Revenue Service will bring to the attention of the Ministry of Labor the acts of determination of the firm and executed Income Tax. The Ministry of Labor will issue the necessary ministerial agreements for the proper application of the provisions of this article. "
Article 20.- Replace Article 106, by the following:
" Art. 106.-Utilities not charged.- The employing party is obliged to exhaust its efforts to deliver directly the benefit of profits to its workers or former workers. If there are profits not paid by the working or former workers, the employer shall deposit them for the benefit of the workers in an account of the National Financial System, at the latest, within 30 days of the date of the payment must have been made, and the employer must publish by the press the payroll of the working persons or former workers entitled to this right, which corresponds to each of them, through a circulation journal national or local. If after one year of the deposit, the working person or former worker has not made the payment, the employer, within fifteen (15) days, will deposit the securities not charged into the account that the Ecuadorian Institute of Security Social establish for the effect, and from the maturity of the term that amount will be used for the Solidarity Regime of Social Security. The employing party shall be penalised for the delay in the deposits of these securities with the duplication of the amount not deposited, for which the competent administrative authority shall make use of its coactive faculty. The competent administrative authority shall issue the necessary ministerial arrangements for the proper application of the provisions of this Article and shall publish on the electronic portal available to it, the names of the beneficiaries and the identification of the company that has entered securities corresponding to utilities. "
Article 21.- Replace Article 111, by the following:
" Art. 111.- Right to the tenth third remuneration or Christmas bonus.-Workers have the right to have their employers paid monthly, the proportion to the twelfth part of the remuneration they receive during the calendar year. At the written request of the worker or the worker, this value may be received cumulatively, up to twenty-four December of each year.
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The remuneration referred to in the preceding paragraph shall be calculated in accordance with the provisions of Article 95 of this Code. "
Article 22.- Replace Article 113, by the following:
" Art. 113.- Right to the 14th remuneration.-Workers shall also receive, without prejudice to all the remuneration to which they are currently entitled, a monthly allowance equivalent to one twelfth of the basic remuneration unified minimum for workers in general. At the written request of the worker or the worker, this value may be received in a cumulative manner, until March 15 in the regions of the Costa and Insular, and until August 15 in the regions of the Sierra and Amazonica. For the payment of this bonus, the school system adopted in each of the territorial constituencies will be observed. The bonus referred to in the previous paragraph will also be paid to retirees by their employers, to the IESS retirees, Military Insurance pensioners and the National Police. If a worker, for any cause, leaves or is separated from his or her work before the aforementioned dates, he/she will receive the proportional portion of the tenth fourth remuneration at the time of withdrawal or separation.
Article 23. - Following article 133, add the following Innumbered article:
"Art. 133.1.- Limits to Remuneration Gaps.-The ministry of work may establish by ministerial agreement limits to the salary gaps between the maximum remuneration of general managers or senior managers-whatever their denomination-and the lowest remuneration perceived within the respective company, being considered for the effect scales and sub-scales depending on the application, among others, of the following parameters:
1. Nature and economic sector of the company; 2. Profitability, revenue, costs and expenses and size of
company assets; 3. Number of working persons; 4. Corporate responsibility; and 5. Those additional to establish the authority
competent work administrative.
The ministry of work to establish the maximum remuneration of the general managers or senior managers will take into account the amount resulting from multiplying the lowest paid remuneration within the respective company, by the value it sets annually.
The excess of the remuneration limit established by the Ministry of Labour will not be deductible for
effects of the payment of the Income Tax, as set out in the numeral 1 of the article 28 of the Rules of Procedure for the Application of the Internal Tax Regime Act. "
Article 24.- In Article 154, reform the following:
1. In the third indent of Article 154, remove the phrase: "no eviction".
2. Derogate the last paragraph.
Article 25.- In the first paragraph of the innumbered fourth item, added after item 156, delete the following:
" This certificate must be accompanied to the contract when it is registered at the Ministry of Labor and Employment. ".
Article 26.- Replace Article 169 numeral 9 by the following:
" 9. By eviction submitted by the worker. ". Article 27.- At the end of Article 173, number 1, replace the semicolon (;) with the following point (.), and add the following:
" In case the injury is discriminatory, Compensation shall be equal to that set forth in the second paragraph of Article 195.3 of this Code. "
Article 28.- In Article 175, remove the sentence: '' de-ahuciar ni. ' Article 29.- Rule 181. Article 30.- Reform article 184 as follows:
1. Replace the first paragraph of article 184 with the following:
"Art. 184.- Desahucio.-It is the written notice with which a working person makes the employer know that his will is to terminate the contract of employment, even by electronic means. Such notification shall be made with at least 15 days of the final termination of the work, which may be reduced by the express acceptance of the employer at the time of the notice. "
2. Replace the second indent with the following:
"The eviction bonus will also be paid in all cases in which the labor relations terminate in accordance with Article 169 numeral 2 of this Code."
Article 31.- Replace Article 185, for the following:
"Art. 185.- Bonifications for eviction.-In cases of termination of the employment relationship by eviction, the employer will bond the worker with the twenty-five
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percent of the equivalent of the last monthly remuneration for each of the years of service provided to the same company or employer. The same bonus shall be paid in cases where the employment relationship is terminated by agreement between the parties. The employer shall, within 15 days after the notice of eviction, liquidate the value of the corresponding bonuses and other rights corresponding to the working person, in accordance with the law and without prejudice to the powers of control of the Ministry of Labour. "
Article 32.- Repeal Article 186. Article 33.- Replace Article 187 with the following:
" Art. 187.- Guarantees for union leaders. The temporary dismissal of the worker or the worker member of the workers ' organization will be considered ineffective. In this case, the dismissal shall not prevent the worker from continuing to belong to the Directive until the end of the established period. This guarantee shall be extended for the time when the leader exercises his duties and one year more and will protect, equally, the leaders of the organizations formed by workers of the same company, as well as those of the workers of different companies, provided that in the latter case the employer is notified, through the labour inspector, of the choice of the leader, who works under his/her dependency. However, the employer may terminate the employment contract for the reasons set out in Article 172 of this Code. "
Article 34.- Defeat Article 189. Article 35.- Add after article 195, the following articles:
"Art. 195.1.- of dismissal and declaratory of ineffectual.-Ineffective dismissal of working persons in a state of pregnancy or associated with their condition of pregnancy or maternity shall be considered ineffective, in view of the principle of immobility which ampara. The same rules on the ineffectiveness of dismissal shall apply to union leaders in the performance of their duties by the time limit laid down in Article 187.
Art. 195.2.- Ineffective Dismissal Action. Once the dismissal has occurred, the affected worker must deduct his action before the Judge or the Judge of the Work of the jurisdiction corresponding to the place where it occurred, within the maximum period of thirty days. Admitted to processing the application, it will be sent to the employer within twenty-four hours and, in the same providence, the measures will be able to dictate the measures
to allow the immediate recovery to the work of the affected worker or the worker concerned, for the duration of the procedure. The proof of the application and the defence shall be accompanied by proof of the availability and application of the tests to be carried out. A hearing shall be held in the providence which shall be held within forty-eight hours of the summons. The Commission shall initiate the conciliation procedure and, if the agreement exists, shall be authorised by judgment. In the absence of agreement, the requested tests shall be carried out. The Judge or the Judge of Labor shall give judgment at the same hearing. An appeal with a return effect Art will be admissible against the judgment admitting the ineffectiveness. 195.3.- Effects. Declared ineffectiveness, it will be understood that the employment relationship has not been interrupted by the fact that it has motivated it and the payment of the outstanding remuneration will be ordered with the ten percent (10%) surcharge. Where the dismissed worker decides, in spite of the declaration of ineffectiveness of dismissal, not to continue the working relationship, he shall receive the compensation equivalent to the value of one year of the remuneration he received, in addition to the (a) the general rule for dismissal. If the employed person refuses to keep the working person in his or her duties after the immediate withdrawal of the worker has been provided for in the initial providence, or the ineffectiveness of the dismissal has been established in judgment, it may be sanctioned with the penalty established in the Criminal Integral Organic Code for the crime of non-compliance with legitimate decisions of competent authority. In any case of dismissal for discrimination, be it for affecting the worker due to his or her status as an adult or sexual orientation, among other cases, outside of those foreseen for the ineffectiveness of the dismissal, the worker shall be entitled to the additional compensation referred to in this Article, without the right of reimbursement applicable to it. In the event of an unjustified dismissal of a person with disabilities, or who is in charge of the maintenance of a person with a disability, it shall be compensated in accordance with the provisions of the Organic Law of Disabilities. "
Article 36.- Add a final paragraph in Article 220, with the following text:
"The collective agreement protects all workers of an entity or company without any discrimination whether or not they are unionized."
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Article 37.- In the title of article 233, remove "and eviction" and in the first paragraph of it, remove the phrase "desahuciar ni". Article 38.- Repeal Article 264. Item 39.- Replace item 265, by the following:
"Art. 265.- Contractual mode.-Once the trial period has expired, it becomes an indefinite contract. In the event of an untimely dismissal, for the purposes of calculating the compensation, the remuneration that the worker receives shall be taken into account. "
Article 40.- Deroguese Article 266. Article 41.- In the first paragraph of Article 275, remove the following:
"A copy of the record will be sent to the Employment and Human Resources Directorate."
Article 42.- Delete article 277. Article 43.- In Article 283 numeral 1, delete the following sentence:
"that employers have registered in the employer's register of the work at home, requiring them to submit the corresponding certificate;".
Article 44.- In the second paragraph of Article 285 of the Labour Code, delete the following sentence:
", duly registered with the Ministry of Labour and Employment"
Article 45.- Substitute Article 310 by the following:
"Art. 310.- Causes for the termination of these contracts.-These contracts terminate for the general reasons, without prejudice to the fact that the employer may also terminate the contract, prior to approval, for the following reasons: 1. When the employee reveals secrets or makes
disclosures that cause injury to the employer; and,
2. When the employee has induced the employer to
enter into the contract by means of false certificates. " Article 46.- Defeat Articles 311 and 312. Article 47.- Replace Article 452 with the following:
" Art. 452.- Prohibition of dismissal.-Except for the cases of Article 172, the employer may not dismiss any of its employees, from the moment they notify the respective labour inspector who have met in general assembly for constitute a trade union or a company committee, or any other association of workers, until the first directive is incorporated. This prohibition protects all workers who have not attended the constituent assembly.
If the dismissal occurs, the registration or approval of the labor organization will not be interrupted. In order to organize a business committee, the assembly must be made up of more than fifty percent of the workers, but in no case can it constitute fewer than thirty workers. The general assemblies for the organization of the remaining workers ' associations are not subject to the fifty percent requirement, as referred to in the previous paragraph. "
Article 48.- Substitute Article 455, by the next:
"Art. 455.- Compensation for unlawful dismissal. The employer who contravened the prohibition in Article 452 of this Code shall indemnify the fired worker with a sum equal to the salary or salary of one year. "
Article 49.- In Article 459, reform the following:
1. Replace the number 3 with the following:
"3. The business committee directive will be integrated by any worker, affiliated or not, that is present in the lists to be chosen as such;".
2. Replace number 4 with the following: "4. The Company's Board of directors will be elected by means of universal, direct and secret voting, in which all workers of the company who are unionized and who are in the process of being registered as voters will be able to intervene as voters. working at least ninety (90) days. The Ministry of Labor will issue the secondary legislation necessary for the application of the provisions of this numeral; and, ".
Article 50.- Replace Article 462 number 5 with the following:
"5. Reply and to be accountable to the general assembly of workers, annually, for the use and administration of the Committee's funds; and, ".
Article 51.- In Article 497, number 2, remove" or deahuciare ". Article 52.- Following the first paragraph of Article 539, add the following paragraph:
" The Ministry of Labor shall exercise the rectory in the field of safety at work and in the prevention of occupational risks and shall be competent to issue national standards and regulations in the field. ".
Article 53.- In Article 545, number 5, delete the phrase" notify the evictions ". Article 54.- Defeat Article 560.
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Article 55.- Defeat Articles 562 and 563. Article 56.- Replace Article 624, by the following:
"Art. 624.- Processing of eviction.-The eviction referred to in Article 184 of this Code shall be deemed to be fulfilled with the delivery of a written communication to the employer which shall be made by the worker or the worker, informing him of his decision of to terminate industrial relations. When the eviction notice is made by electronic means, it should be used to ensure that the employer is aware of the worker's decision in a timely manner. "
Article 57.- Replace Article 566 with the following:
"Art. 566.- Competition of the National Court and the Provincial Courts.-The National Court and the Provincial Courts will know of the disputes of the work under the corresponding resources, in accordance with the legal provisions "
Article 58.- In the first paragraph of Article 630, following the word "fines" add "and profits in favor of working and former workers noted in Article 104 of this Code." Article 59.- In Article 224 of this Code, incorporate the following paragraphs:
" Collective labour contracts to be concluded in the public sector, shall compulsorily observe the provisions laid down in the constituent mandates Numbers 2, 4 and 8 and their respective regulations, with the highest authorities and representatives legal entities, companies or bodies, at the time of the negotiation, to ensure that this is the case.
Collective hiring of work in all public sector institutions and private law entities in which, under any name, nature, or legal structure, the State or its institutions have majority shareholding and/or direct or indirect contributions from the majority of public resources, will be based on the following criteria: prohibits any negotiation or clause containing unmeasured privileges and benefits; and Exaggerated claims against the general interest, namely: 1. Payment of severance payments,
including union leaders, whose value exceeds the maximum limit set in the Constituent Mandate No. 4.
2. Stipulation of payment of holidays and of the
thirteenth and fourteenth remuneration in amounts or higher values than the law establishes.
3. Holidays and compulsory rest days not laid down in the law. The mandatory rest days, as laid down in Article 65 of the Labour Code, shall be recognised exclusively.
4. Additional days and holidays outside the
mentioned in the Labor Code. 5. Extra time or time calculation
extraordinary, without considering the entire week below 240 hours per month. Such additional or extraordinary work must be calculated over 240 hours per month.
6. The amounts corresponding to the indemnities
by voluntary renunciation to qualify for the retirement of the public workers, shall be calculated according to the provisions of Article 8 of the Constituent Mandate No. 2. "
CHAPTER II
OF THE REFORMS TO THE PUBLIC SERVICE ORGANIC LAW
Article 60.- Replace Article 97 of this Law, by the following:
" Art. 97.-Tenth remuneration.-The servants of the entities, institutions, bodies or legal persons referred to in Article 3 of this Law are entitled to receive the twelfth part of the value of their remuneration, additional to the which receives monthly. At the written request of the server or the public servant, this value may be received cumulatively, until 20 December of each year. If the server or the server, for any reason, leaves or is separated from its work before the above dates, it will receive the proportional portion of the tenth third remuneration at the time of withdrawal or separation. "
Article 61.- Replace Article 98 of this Law, as follows:
" Art. 98.-Tenth remuneration.-The servers of the entities, institutions, bodies or legal persons mentioned in Article 3 of this Law, without prejudice to all the remuneration to which they are currently entitled, will receive an additional annual bonus equivalent to a unified basic remuneration in force at the date of payment, which will be cancelled proportionally on a monthly basis. For the case of the public servants and servants of the Special System of the Galapagos, two unified basic remuneration will be paid.
At the written request of the server or the public servant, this value may be received in a cumulative manner up to On 15 April each year in the regions of the coast and island; and, until 15 August in the regions of the Sierra and Amazonia.
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If the server or server, for any cause, is removed or separated from its work before the above dates, you will receive the proportional to the tenth fourth remuneration at the time of removal or separation. "
Art. 62.- In Article 51 of the Organic Law of the Public Service, a new letter is incorporated and the current letter k is renewed, as follows:
"k) Design the public employment inclusion policy for persons belonging to indigenous, Afro-Ecuadorian and montubian peoples and nationalities, as well as returned migrants. This inclusion policy must take into account the knowledge, skills and profession required for the position to be provided.
l) Other than the Law. "
Article 63.-In the first paragraph of Article 129 of the Organic Law of the Public Service, following the words "of the private worker in total" incorporate the words " from the year 2015, in accordance with the salary Unified basic to 1 January 2015 ".
CHAPTER III
OF THE REFORMS TO THE CONSTITUENT COMMAND No. 2
Art. 64.- In the second paragraph of Article 8 of the Constituent Command number Two, the words "shall be" incorporated below the words "until".
CHAPTER IV
OF THE REFORMS TO THE ORGANIC LAW OF COMPANIES PUBLICATIONS
Art. 65.- In Article 23 of the Organic Law of Public Enterprises, following the sentence "and up to a maximum of 210 basic minimum basic wages of the private worker.", replace the end point by how (,) and add the following:
"from 2015 onwards, in accordance with the unified basic salary in force on 1 January 2015."
CHAPTER V
OF THE SECURITY LAW REFORMS
SOCIAL ARTICLE 66.- Effective the following reforms in the First Title of the "Mandatory General Insurance" First Book of the Security Act Social, published Official Register Supplement No. 465 of November 30, 2001:
1. Replace the text of Article 2 (g) by the following:
g. People who do unpaid home work. "
2. Add a new letter in Article 2, with the following content:
"h. Other persons required to join the Mandatory General Insurance regime under special laws or decrees".
3. Replace the text in the first paragraph of Article 3
with the following:
Art. 3.- Risks covered.-Mandatory General Insurance shall protect affiliated persons, under the conditions laid down in this Law and other applicable regulations, according to the characteristics of the activity performed, in cases of: ".
4. Replace the second indent of Article 8 with the
below:
" Prohibited the return of contributions to affiliated persons, except when the death of the affiliated person for not meeting the conditions relating to the prior periods of contribution, it shall not cause pensions of widower and orphan. In such cases, the beneficiaries will be entitled to the return in equal parts of the personal contributions made. "
5. Add a new letter in Article 9 with the
following content:
" i. It is a person who performs unpaid work of the household who exclusively develops household care tasks without receiving any remuneration or economic compensation and does not develop any of the activities contemplated in the Previous literals.
6. Add a new letter to Article 10 with the
following text:
" The person who performs unpaid work in the household shall be protected against the contingencies of old age, death and invalidity resulting in total permanent incapacity and absolute. The person who does unpaid work in the household may voluntarily contribute to the coverage of the contingency contingency. "
7. Substitute the first paragraph of Article 11 by the
below:
" For the purposes of calculating the contributions to the Mandatory General Insurance, the subject matter shall be deemed to be any income susceptible to pecuniary appreciation, perceived by the affiliated person, or in the case of unpaid work of the household, by their family economic unit. "
8. Replace the text in Article
12, points (a) and (b) with the following:
"a) Principle of Congruence.-All components of the income received by the affiliate or, in the case of unpaid work
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of the household, by the household economic unit, which are part of the calculation and delivery of the Mandatory General Insurance benefits constitute subject matter for the purposes of calculation and collection of contributions.
b) Principle of the General Fact.-The realization
of any paid activity or not by the persons required to apply for membership of the Compulsory General Insurance, according to Article 2 of this Law, is the operative event for the contributions to each of the social insurance managed by the IESS. "
9. Replace the text of the second paragraph of the Article
15 for the following:
" The mandatory individual contribution of the self-employed worker, the professional in free exercise, the employer or partner of a business, the owner of a one-person company, the least independent worker, the person who does unpaid work of the household, and the other insured persons under the Social Security scheme Mandatory under special laws and decrees, it will be calculated on the basis of the Contribution (BPA), as defined in Article 13 of this Law, in the percentages indicated in this Law and its subsequent periodic variation, subject to the results of the independent actuarial studies, contracted by the ESS, to be taken into account the socioeconomic status of the affiliated person, the nature of the contingencies and the claims rates of each protected risk. "
10. Add the following unnumbered article to
continuation of article 15 and right of article 135: (...) ".
"Art. 15.1.- Portability of contributions.-The contributions made in any of the forms of affiliation included in the Mandatory General Insurance and in the special scheme of the Social Security Peasants will serve for the computation of the periods of necessary to access the economic benefits of the System. In such cases, the determination of the amount of the pension shall be made by applying the calculation formula which most benefits the affiliated person or his or her rights holders. "
Article 67.- Please take the following reforms in the Second Title of the "Mandatory General Insurance" First Book: 1. Replace item 73 with the following:
" Art. 73.-Inscription of the affiliate and payment of contributions.- The employer is obliged, under his responsibility and without the need for counterclaim, to register the worker or server as an affiliate of the Mandatory General Insurance from the first day of work, and forward notice to the IESS within the first fifteen (15) days, with the exception of those employers in the agricultural sector who are exempt from forwarding the notices of
entry and exit, crediting the service time of the workers. Failure to comply with this obligation will be sanctioned in accordance with the General Regulations of Patron Responsibility. The employer shall give notice to the IESS of the modification of the salary or salary, the illness, the separation of the worker, or another novelty relevant to the insured's work history, within the three (3) days after the occurrence of the done. People who do unpaid work in the home will be considered affiliated from the date of their membership application. Once affiliated, they will have to keep up to date the information regarding the place of work and their socio-economic situation, without prejudice to the verifications carried out by the Ecuadorian Social Security Institute. The affiliate is obliged to present his or her citizenship or identity card for any processing or application to the Ecuadorian Social Security Institute. The employer, the person who performs unpaid household work and the affiliate without a dependency ratio are obliged, without prior counterclaim, to pay the contributions of the Mandatory General Insurance within the 15 (15) days after the month corresponding to the contributions. In the event of non-compliance, they shall be subject to arrears without prejudice to the employer's responsibility to take place, subject to this Law. It is excluded from the collection of fines for blackberries and interest as well as employer responsibility, to persons who carry out unpaid work in the household and to members of the family's economic unit. In each territorial district, the IESS Provincial Directorate is obliged to collect the contributions to the General Obligatory Insurance, personal and employer, paid by the members and employers, directly or through the system ".
Article 68.- Add following Title IV" Of The Mandatory Saving Regime " the following Title numbered with Chapters and Unnumbered Articles that are listed below:
Title (...)
The Pension Scheme of Unpaid Work of the Home
Chapter I
General provisions
Art. ...: General conditions for access to pensions..-Persons who do unpaid work, must be affiliated, in high and in the payment of their obligations to the System, at the time of the occurrence of the contingency.
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Art. ...: Base of contribution.- The basis of contribution for the people who do unpaid work of the home will be the following: a. When the household economic unit gets revenue
less than 50% of the unified basic salary, the contribution will be made on the basis of twenty-five percent (25%) of the unified basic salary.
b. When the household economic unit obtains income
equal to or greater than fifty (50%) and less than one hundred (100%) of the unified basic salary, the contribution will be made on the basis of fifty percent (50%) of the basic salary unified.
c. When the household economic unit obtains income
equal to or greater than one hundred (100%) and less than one hundred and fifty (150%) of the unified basic salary, the contribution will be made on the basis of seventy-five (75%) of the basic salary. unified.
d. When the household economic unit gets income
equal to or greater than one hundred and fifty (150%) percent of the unified basic salary, the contribution will be made on the basis of one hundred percent (100%) or more of the unified basic salary.
Art. ...: Base of calculation.- The basis of calculation for the pensions of persons performing unpaid household work will be the average of all the contributions registered since 2003, updated with inflation. Art. ...: State subsidy.- The State will determine annually in the General Budget of the State the amount it will allocate to subsidize the percentage of individual contributions of persons who do unpaid work of the household, according to the socioeconomic status of the family economic unit, in the terms set out in this Law and in the Public Planning and Finance Code.
Chapter II
Of the total permanent disability pension and absolute
Art. ...: Specific conditions of access.-The person who performs the work of the unpaid household, in addition to complying with the general conditions of access, must at the time of the qualification of the permanent incapacity have carried out at least:
Six (6) monthly contributions for people between 15 and 25 years of age; Thirty-six (36) monthly contributions for people between the ages of 26 and 45. Sixty (60) monthly contributions for people from 46 years of age.
Art. ...: Total permanent disability pension.- The total permanent disability pension will consist of a monthly pension equivalent to:
a. When the family economic unit obtains income of less than fifty percent (50%) of the unified basic salary, eighty percent (80%) of the base of calculation. In any case, the minimum pension will be equivalent to seventy dollars (USD 70).
b. When the family economic unit
obtains income equal to or greater than fifty (50%) and less than one hundred percent (100%) of the unified basic salary, sixty percent (60%) of the base of calculation. In any case, the minimum pension will be equal to one hundred and six (USD 106) dollars.
c. When the family economic unit gets
income equal to or greater than one hundred percent (100%) and less than one hundred and fifty percent (150%) of the unified basic salary, fifty-five percent (55%) of the base of calculation. In any case, the minimum pension will be equivalent to one hundred and forty-six (USD 146) dollars.
d. When the family economic unit gets
income equal to or greater than one hundred and fifty percent (150%), fifty-five percent (55%) of the calculation basis. In any case, the minimum pension will be equivalent to one hundred and ninety-four (USD 194) dollars.
Art. ...: Monto of the pension for absolute permanent incapacity.- The total permanent disability pension will consist of a monthly pension equivalent to:
a. When the household economic unit obtains income of less than fifty percent (50%) of the unified basic salary, ninety percent (90%) of the base of calculation. In any case, the minimum pension will be equivalent to seventy-nine (USD 79) dollars.
b. When the family economic unit obtains
income equal to or greater than fifty (50%) and less than one hundred percent (100%) of the unified basic salary, sixty-five percent (65%) of the base of calculation. In any case, the minimum pension will be equal to one hundred and fifteen (USD 115) dollars.
c. When the family economic unit gets
income equal to or greater than one hundred percent (100%) and less than one hundred and fifty percent (150%) of the unified basic salary, sixty-two-point five percent (62.5%) of the base calculation. In any case, the minimum pension will be equal to one hundred and sixty-five (USD 165) dollars.
d. When the family economic unit gets
income equal to or greater than one hundred and fifty percent (150%), sixty-two-point five percent (62.5%) of the calculation basis. In any case, the minimum pension will be equivalent to two hundred and twenty-one (USD 221) dollars.
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Art. ... Right of option.- When the person who performs unpaid work of the household is declared in a situation of permanent incapacity total or absolute and at the same time reaches the requirements for access to the retirement pension he must opt for one of these pensions.
Chapter III
Of the Art Retirement Pension. ...: Specific conditions of access.- The person who carries out the work of the unpaid household, in addition to the general conditions of access, shall be entitled to the ordinary retirement pension when he has made a minimum of Two hundred and forty (240) monthly contributions and completed at least sixty (65) years of age. Art. ...: Monto of the pension.- The ordinary retirement pension will consist of a monthly pension equivalent to:
a. When the household economic unit obtains income of less than fifty percent (50%) of the unified basic salary, ninety percent (90%) of the base of calculation. In any case, the minimum pension will be equivalent to seventy-nine (USD 79) dollars.
b. When the family economic unit obtains
income equal to or greater than fifty (50%) and less than one hundred percent (100%) of the unified basic salary, sixty-five percent (65%) of the base of calculation. In any case, the minimum pension will be equal to one hundred and fifteen (USD 115) dollars.
c. When the family economic unit gets
income equal to or greater than one hundred percent (100%) and less than one hundred and fifty percent (150%) of the unified basic salary, sixty-two-point five percent (62.5%) of the base calculation, which will increase by one point twenty-five (1.25%) per cent for each additional year of contribution from the year twenty (20) reaching a maximum of eighty-five (85%) per cent of the calculation basis. In any case, the minimum pension will be equal to one hundred and sixty-five (USD 165) dollars.
d. When the family economic unit gets
equal to or greater than one hundred and fifty percent (150%), sixty-two-point five percent (62.5%) of the calculation basis, which will increase by one point twenty-five (1.25%) percent for each additional year of contribution from the year 20 (20) reaching a maximum of eighty-five (85%) per cent of the base of calculation. In any case, the minimum pension will be equivalent to two hundred and twenty-one (USD 221) dollars.
When a person has contributed more than one of the contributions established in the literals contained in the second innumbered article of the Chapter I "Contribution Bases", the
applicable calculation formula shall be the one to determine a better pension, guaranteeing in any case the amount of the minimum pension established for the lower-value contribution base.
Chapter IV
Of widower and orphan Art pensions. ...: Specific conditions of access.-The legally recognised spouse or legal union partner of the person performing the work of the deceased unpaid household and their children shall be entitled to the pension for widower and orphan's corresponds to the date of death of the person responsible for complying with the general conditions of access, and has made the following contributions: Six (6) monthly contributions for deceased persons between 15 and 25 years of age; Thirty-six (36) monthly contributions for deceased persons who have between 26 and 45 years of age. Sixty (60) monthly contributions for the deceased from 46 years of age. Where the person who causes a permanent incapacity for total or absolute incapacity or retirement shall not apply the conditions relating to the minimum periods of contribution. If the two years of marital life are not present, the existence of children or children in common shall be at least sufficient. Art. ...: Monto of the pension for death of the pensioner or affiliate.-The pension for the death of the pensioner by retirement or for permanent incapacity total or absolute, shall be calculated from the amount of the last pension received. The death pension of the affiliated person shall be calculated on the basis of the following values: a. When the family economic unit gets income
less than fifty percent (50%) of the unified basic salary, eighty percent (80%) of the base of calculation. In any case, the minimum pension will be equivalent to seventy (USD 70) dollars.
b. When the household economic unit obtains income
equal to or greater than fifty (50%) and less than one hundred percent (100%) of the unified basic salary, sixty percent (60%) of the base of calculation. In any case, the minimum pension will be equal to one hundred and six (USD 106) dollars.
c. When the household economic unit gets revenue
equal to or greater than one hundred percent (100%) and less than one hundred and fifty percent (150%) of the unified basic salary, fifty-five percent (55%) of the base of calculation. In any case, the minimum pension will be equivalent to one hundred and forty-six (USD 146) dollars.
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d. When the family economic unit gets income
equal to or greater than one hundred and fifty percent (150%) of the unified basic salary, fifty-five percent (55%) of the base of calculation. In any case, the minimum pension will be equivalent to one hundred and ninety-four (USD 194) dollars.
Art. ...: Pension for widower and orphan's.-The legally recognized spouse or partner of the deceased affiliated person shall be entitled to a lifetime pension whose amount shall be equal to sixty per cent (60%) of the securities set out in the previous article as appropriate. In the case of children under the age of 18 or children with severe disabilities, duly qualified by the National Health Authority, without age limit, the remaining forty per cent (40%) shall be delivered in a proportional manner between them. Art. ...: Other beneficiaries: In the absence of the legally recognised spouse or partner in fact, the parents of the deceased person or pensioner shall be entitled to the widow's pension provided they have lived in charge of the deceased and do not receive any other pension from the Social Security System. Art. ...: Extinction of the right: The right to the widow's pension will be lost when the surviving spouse or the legally recognized couple in union contract new marriage or will initiate a new free union. In the case of an orphan's pension, this right shall be forfeited at the age of 18, except in the case of children with severe disabilities duly qualified by the National Health Authority. The entitlement of the beneficiaries established in the previous article will be extinguished when they receive a contributory pension from the Social Security System.
Chapter V
The funeral allowance Art. ...: Allowance for funerals.- The funeral allowance covers part of the costs of funeral for the death of the pensioner or performing unpaid home work, provided that the person responsible has made six (6) monthly contributions during the twelve (12) months prior to his death. Art. ...: Monto of the funeral allowance.- The person who accredits these expenses shall be entitled, for one time, to the amount equivalent to four (4) unified basic wages. "
Article 68.1.- Replace the text in item 237 with the following: "Art. 237.- Financing.-The Ecuadorian State recognizes the right to social security for all persons, regardless of their employment status. The Central State will be responsible for the subsidiary and guarantee the payment of Social Security System pensions only when the Ecuadorian Social Security Institute does not have the
economic resources to cover the In this case
the respective resources will have to be incorporated into the General Budget of the State, even on other expenses. "
Article 69.- Replace the text in item 234 with the following:
" Art. 234.-Minimum pensions and their revaluation.- Social Security System pensions will be increased at the beginning of each year in the same proportion as the annual average inflation of the previous year, established by the entity in charge of national statistics, including minimum and maximum pensions. Minimum pensions for invalidity, old age, permanent incapacity for work or absolute incapacity for work, shall be established according to the time provided, in proportion to the unified basic salary, according to the following table:
CONTRIBUTED TIME
IN YEARS MINIMUM PENSION
MONTHLY As a percentage of the
unified basic salary Up to 10 50%
11-20 60% 21-30 70% 31-35 80% 36-39 90%
40 and 100% The minimum pension of the Family group of montepio shall be equivalent to 50% of the unified basic salary. The minimum pension for permanent permanent income from work and partial income from general insurance shall be proportional to 50% of the unified basic salary, while maintaining the proportionality of the initial income. The lack of transfer of the resources for the payment of these pensions, will be sanctioned with the dismissal of the authority and the servants and public servants remedying of their obligation. "
GENERAL PURPOSE For the purposes of calculating compensation from 2015, as provided for in Article 8 of the Constituent Mandate No. 2 and Article 1 of the Constituent Mandate No. 4, the amount of the unified basic salary of the Private worker will be established as of January 1, 2015.
TRANSIENT provisions First.- Within one hundred and eighty (180) days of
entry into force of this Actthe Ministry of Labor will issue the secondary regulations necessary for the appropriate application. of the same.
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Second.- All fixed term and hook contracts,
entered before the date of entry into force of this Law, they will continue to be governed by the provisions in force at the time of their celebration, and in those cases that correspond, until January 01, 2016.
Third.- The reform referred to in Article 15 of
this Law will take effect from January 1, 2016.
Fourth.- Within 60 days of the
issue of this Law, the Board of Directors of the Ecuadorian Institute of Social Security will establish the percentages of contributions for the people they carry out. unpaid work of the household considering their socio-economic situation, for which they will use the social, economic and demographic information register individualized at the level of families, with the purpose of being able to access the State subsidy.
In the same period, the Board of Directors of the Ecuadorian Social Security Institute issue the regulations necessary for the application of the provisions of this Law.
FINAL DISPOSITION
This Organic Law for Labor Justice and Recognition of Work at Home will take effect from the date of its publication in the Official Register. Given and subscribed at the National Assembly headquarters, located in the Metropolitan District of Quito, Pichincha province, on the fourteen days of April of two thousand fifteen.
f.) GABRIELA RIVADENEIRA BURBANO President
f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat
SAN FRANCISCO DE QUITO, METROPOLITAN DISTRICT, AT SEVENTEEN APRIL, TWO FIFTEEN.
SANCTION AND ENACT
f.) Rafael Correa Delgado, CONSTITUTIONAL PRESIDENT OF THE
REPUBLIC.
REPUBLIC OF ECUADOR NATIONAL ASSEMBLY
CERTIFICATION
In my capacity as General Secretary of the National Assembly, I allow myself to CERTIFY that the National Assembly discussed and approved the "DRAFT ORGANIC LAW FOR LABOUR JUSTICE AND HOME WORK RECOGNITION", in the first debate on 29 December 2014 and 6 January 2015; and in the second debate on 14 April 2015. Quito, April 15, 2015.
f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat
This is a true copy of the original. Quito, April 17, 2015.
f.) Dr. Alexis Mera Giler SECRETARY GENERAL LEGAL PRESIDENCY
