THE full whereas, article 3 of the Constitution provides that it is the duty primary State to ensure non-discriminatory cash enjoy rights constitutional and enshrined in international instruments, in particular the social security, among others. and the planning national development, eradicate poverty, promote sustainable development and equitable redistribution of resources and wealth, to access the good living; That article 33 of the Constitution of the Republic establishes that work is a right and a social duty, and an economic right, source of personal realization and base of the economy. The State shall guarantee to workers full respect for their dignity, a decent life, pay and fair remuneration and the performance of work healthy and freely chosen or accepted; That article 34 of the Constitution enshrines as an inalienable right of all persons the right to social security; so the State in a compulsory manner, will guarantee and will make effective their exercise, people who perform unpaid work in households, activities for self sustenance in the field, including all forms of dependent or autonomous work and are those in a situation of unemployment; That, the Constitution in its article 120 paragraph 6, attribution of the legislative function sets the issue, encode, reform, repeal laws and interpret them usually mandatory; That article 284 of the same constitutional body notes that economic policy will be, among others, the objective of promoting full employment and evaluate all forms of work, respect for labour rights, as well as maintaining economic stability, understood as the highest level of production and employment sustainable over time; That, in accordance with the provisions in article 326 of the Magna Charter, labour rights are inalienable and intangible, still void any contrary provision; That the same article establishes that to work of equal value, it shall be equal remuneration; That, according to the aforementioned constitutional norm, anyone shall be entitled to develop their work in a suitable and conducive, environment that ensures their health, integrity, security, hygiene and welfare; That, in accordance with in article 326 of the Constitution of the Republic shall be guaranteed the right and freedom of organization of working people, without prior authorization. This right comprises the form unions, guilds, associations, and other forms of organization, joining those of your choice and leave freely; That, article 328 ibid establishes that the compensation will be fair, with a wage that covers at least the basic needs of the working person, as well as those of his family; It will be unattachable, except for the payment of alimony. The State shall set and will annually review the basic salary laid down in law, general and mandatory application;
Third supplement - Registro Oficial Nº 483 - Monday 10 April 2015 - 3, the same article says that workers of the private sector are entitled to participate in liquid profits of the companies, in accordance with the law. Law will set the limits of this participation in companies of exploitation of non-renewable resources. In companies in which the State holds a majority holding, there will be no payment of utilities. Any fraud or misrepresentation in the statement of utilities which undermine this right shall be punished by law; Which, by order of article 331 of the Constitution of the Republic is the duty of the State guaranteeing women equal access to employment, training and labour, professional promotion and equitable remuneration. Is shall take all necessary measures to eliminate the inequalities and prohibits all forms of discrimination, harassment, or violence of any kind, whether direct or indirect, affecting women at work; That, article 332 of the constitutional body States that the State shall guarantee respect for the reproductive rights of working people, which includes the Elimination of occupational hazards affecting reproductive health, access and stability in employment without limitations for pregnancy or number of children, rights of motherhood, breastfeeding, and the right to paternity leave. Prohibits the dismissal of women workers associated with the condition of pregnancy and maternity, as well as discrimination linked with reproductive roles; That article 340 of the Constitution notes that the national system of Social equity and Inclusion will consist of, among others, by the scope of Social Security; That the same Norma Suprema in his article 367, provides that the Social security system is public and universal, may not be privatized, and will attend to the contingencies of the population through the performance of compulsory universal insurance, which will cover the entire population urban and rural, with independence of their work according to article 369 situation; benefits for persons performing tasks of care to be financed with contributions and contributions from the State; That, among the objectives of the constitutionally established system of development, is the build an economic, fair, democratic, productive, supportive and sustainable system based on the equal distribution of the benefits of the development of the means of production and the generation of decent and stable work; That is fundamental principle of the right to work that the State encourages the establishment of organizations of workers and employers, workers and employers, in accordance with the law; promoting democratic, participatory and transparent operating with alternate in direction. and, in exercise of its constitutional and legal powers issued the following: law organic for the justice job and recognition of the work in the home chapter I of the reforms to the code of work article 1.-replace article 11 with the following: "(Art. 11.-Clasificación.-El contrato de trabajo puede ser: a) express or implied, and the first written or verbal;" b) A salary, to wages, participation and joint; (c) for time indefinite, seasonal, casual and casual; (d) some work, work or service determined within the line of business, job and wage; (y, e) Individual, group or team. "
Article 2.-Replace article 14 with the following: ' article 14.-contract type and exceptions-the individual contract of employment time indefinite is the typical mode of stable or permanent recruitment, their extinction will occur only by the cause and the procedures laid down in this code. "
Excepted from the provisions of the preceding paragraph: to) for certain work contracts, which are not common in the activity of the company or employer; (b) the contracts any, occasional and seasonal; (c) of learning; (d) others to be determined by the law. "."
Article 3.-Replace article 15 with the following: ' article 15.-trial period-in all indefinite-term contract, when be held for the first time may bring is a time of testing, of maximum duration of 90 days. " Only in the case of contracts for domestic service or paid work in the home, the trial period will be up to 15 days. Over one period of between the same worker and employer, not be established regardless of the type of contracting. During the trial period, either party can give it freely terminate.
4. third supplement - official record No. 483 - Monday, April 20, 2015 the employer may not be continued simultaneously workers with period by a number exceeding fifteen per cent of the total number of employees. However, employers who commence their operations in the country, or the existing ones which expand or diversify its industry, activity or business, are not subject to the percentage of 15 percent during the six months after the start of operations, expansion or diversification of the activity, industry or business. In the case of expansion or diversification, the exoneration of the percentage shall not apply with respect to all workers of the company but only on the increase in the number of workers from the new commercial or industrial activities. Violation of this provision will give rise to the penalties provided for in this code, without prejudice that the surplus of workers of the percentage stated, before will become permanent workers, in order of seniority at the entrance to work. "."
Article 4.-Article 16 then add the following:
"Article 16.1.-of the contract for work or particular service within the line of business-contracts for work or services defined within the line of business, once completed the work or activity for which it was hired the worker, will end the employment relationship, being from the payment of the severance bonus according to provisions of article 185 of the same." For the implementation of new works or services, the employer shall be obliged to hire back workers who have provided their services in the execution of works or services under this type of contract, up to the number of jobs that require the new work or service, being the employer faculty choose to workers that it considers. With respect to workers who could not be called to new construction or service, this does not imply that the obligation to call them for following projects in which there is the need for the number of jobs ends. As set out in the preceding paragraph, the worker is not called to serve, while operationally needed is and there are jobs available in the new work, the untimely dismissal will be configured and it is entitled to receive the compensation provided for in this code. In cases where the worker does not go to 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 rules of the approval that apply shall be applicable. The governing Ministry of labour shall issue secondary legislation necessary for regulating this contractual modality and will be who exclusively define the activities in which it is applied. "."
Article 5.-Replace article 19 with the following: "(Art. 19.-Contrato escrito obligatorio.-Se celebrarán por escrito los siguientes contratos: a) them that on jobs that require technical knowledge or an art, or a certain profession;"
b) the work some labor value exceeding five unified basic salaries of workers in general;
(c) a destajo or by task, having more than one year's duration; (d) should contain test period; (e) the group or team; (f) any, occasional and seasonal; (g) those of learning; (h) those who are held with adolescents who have completed fifteen years, including learning; and i) in general, others to be determined by the law. "."
Article 6.-Replace the first and second paragraphs of article 20, by the following: "article 20.-crossed information.-for the purposes of the exercise of the legal powers conferred on the governing Ministry of work, this may request Exchange or crossroads of information with the database of the Ecuadorian Social Security Institute." Contracts that must take place in writing in the governing Ministry of labour will not be registered. "."
Article 7.-in the title of the second paragraph of chapter I of title I, removed the phrase: "of"hitch article 8.-repeal of articles 24, 25, 26, 27, 28, 29 and 30. Article 9.-in article 42, carried out the following changes: 1. replace paragraph 7 with the following: "7. keep a register of workers stating name, age, origin, marital status, class work, salary, date of entry and exit, street address, email and any other additional information that facilitates its location." This registry be updated with the changes that may occur. "."
2. in paragraph 33 of the article, delete the following: "the employment contract must be written and inscribed on the inspection of the corresponding work, which will keep a specific record in the case.".
Third supplement - Registro Oficial Nº 483 - Monday 10 April 2015 - 5 article 10-paragraph 4 of Chapter VI of title I, replace the title of "wages policy" by "Of the policies of labour and wages". Article 11.-Replace article 118 by the following: ' article 118.-Council national wage-and work is the tripartite body of consultative and technical character of the governing Ministry of labour, which will be responsible for social dialogue on labour policies. " The governing Ministry of Labor will issue the necessary secondary legislation for your organization and conformation, as well as for the proper application as provided in this article. With respect to the fixing of remuneration, if the National Council of labour and wages does not take a resolution by consensus in the meeting convened for the purpose, are auto convocará to a new meeting that will take place at the latest within five working days; If even she not is it changes to consensus, the Minister of labour shall determine in a percentage equivalent to the price index increase consumer designed, established by the public agency authorized to effect. It corresponds to the governing Ministry of labour, the determination of policies and the fixing of the remuneration of the servers public and workers of the public sector, subject to the public service act and the labour code, respectively, of the organizations and institutions of all functions of the State; Therefore, the rector of the Labour Ministry, preserving the purchasing power of salaries, wages and other remuneration, and based upon the availability of funds, shall fix the remuneration and will determine the scale of increase applicable to these public servants and workers who provide their services in this sector. "."
Article 12.-Replaced article 119 by the following: "article 119.-powers of the National Council of labour and wages-the National Council of labour and wages develop social dialogue on labour policies, as well as the pay determination." This Council shall advise the Minister guiding work in the setting of salaries and in the implementation of a policy of work and salary commensurate with reality, allowing the balance between production factors, with a view to the development of the country. The governing Ministry of labour shall issue secondary legislation necessary for the appropriate application as provided in this article."
Article 13. - In articles 81, 117, 120, 121, 122, 123, 124, 125, 126 and 127 of the labour code, replace the words "National wages Council" by "National Council of work and wages". Article 14. - Replace the second paragraph of article 32, with the following: "as a result, the employer may not dismiss one or more workers of the team and, if so, shall be regarded as dismissal of the entire group and paid the compensation corresponding to all and each one of its members.".
Article 15.-following article 97, add the following article: "article 97.1.-limit in the distribution of the profits-profits distributed to workers as detailed in the preceding article, may not exceed twenty-four basic unified worker wages in general." Where the value of these exceeds the designated amount, the surplus will be distributed to the regime of Social Security solidarity benefits. The competent labour administrative authority will issue the ministerial agreements necessary for the proper application as provided in this article. "."
Article 16.-Replace to article 100 by the following: "article 100.-utilities for the workers of companies of complementary activities-the workers of these companies, according to their annual time of continuous or discontinuous services, will participate in the legal percentage of liquid profits of business users, for whose benefit the work is performed or the services we provide." The value of the profits generated by the natural person liable to be accounting or legal person user to workers of the company's activities, are entitled will be delivered in its entirety to the latter, to be spread among all workers, according to their time of service in the company's activities you clubhouse , within the fiscal year during which those profits were generated. Shall not apply prescribed in the preceding paragraphs, in the case of workers of companies providing specialized technical services regarding the receiving companies of such services. Any natural or legal person that provides specialized technical services, it must have its own physical infrastructure, administrative and financial, totally independent of whom whose benefit is carried out the work or the service is provided and that, for this reason can provide this service to several persons, natural or legal entities not related to each other by any means. Check connection with a provider of specialized technical services and the users of these services, will proceed in the manner prescribed in the preceding subparagraphs. "."
Article 17.-Replace rule 103 with the following:
"Article 103.-unification of utilities-if one or more related companies share production and/or commercial processes, within a same value chain, understood as the economic process that starts with raw and reaches the distribution and marketing of the finished product, the administrative authority of office or at the request of part will consider them as a single for the effect of the distribution of profit-sharing.
6 - Third supplement - official record No. 483 - Monday, April 20, 2015 the administrative authority of office or at the request of part will consider them as one for the purpose of profit sharing, according to the parameters that establish the governing Ministry of work. "."
Article 18.-following article 103, added the following: "article 103.1.-companies linked.-for the purposes of job responsibilities are considered as companies linked to natural and legal persons, self-employed heritage and other forms of association laid down in the law, domiciled in Ecuador, in which one of them participate directly in the capital of the other unless one percentage equivalent to 25% of the same and shall be subsidiarily responsible" for the purposes of the obligations contracted with their workers or workers. The required subsidiary will respond, in proportion to their participation in the capital of the company in relation to the obligations of the employer, and not only to the extent of their contributions.
The abovementioned percentage shall be proven otherwise by the relevant companies. "."
Article 19.-Replace article 104 with the following: "article 104.-determination of profits in relation to the income tax.-for the calculation be taken as base statements or determinations that are made for the payment of the tax income." The internal revenue service, at the request of the Regional Director of labour, of the organizations of the respective undertakings, or anyone with own and direct, interest may provide tax determinations, which deems suitable to establish effective utilities. The respective organization of workers or anyone with own and direct, interest will delegate a representative for the examination of the accounts. The final audit report shall contain the observations of the representative of the workers and anyone with own and direct interest, and will feature them 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 work will have the payment of the amount corresponding to utilities in favor of workers and former workers. For this purpose, the employer part or who is required to comply with such payment to workers and former workers, within a period of thirty days from notification of the order to the governing Ministry of labour will pay these values more the respective interests calculated at the reference active maximum rate, from the date on which the non-payment of utilities was generated , without prejudice to the coercive powers of the above-mentioned State portfolio for effective recovery of such values.
You will not accept challenges to administrative or judiciary against the payment order issued by the Ministry, subject to the exceptions to the coercive. The internal revenue service will put in knowledge of the governing Ministry of labour determination of firm and ejecutoriados income tax acts. The governing Ministry of Labour issued Ministerial agreements necessary for the proper application of the provisions of this article. "."
Article 20.-Replace article 106, by the following: ' article 106.-uncollected utilities.-the employers obliged to exhaust efforts to deliver directly the benefit of utilities to their employees or former employees. " If utilities do not charged by workers or former workers, the employers must deposit them to benefit in an account of the national financial system, more take, within the thirty days following the date on which the payment, due and must also the employers published by the press the payroll of workers or former workers beneficiaries of this right that corresponds to each of them, through a local or national newspaper. If after one year of the deposit, the person worker or former worker not has made the collection, the employers, within the period of fifteen (15) days, shall deposit values not collected on the account provided by the Ecuadorian Social Security Institute to the effect, and from deadline that amount will go to the solidarity Social security scheme. The employers will be sanctioned by the delay in the deposits of these values with the double of the amount not deposited, for which the administrative authority of competent work will make use of its coercive power. The administrative authority of competent labour issued Ministerial agreements necessary for the proper application of the provisions of this article and publish it in electronic portal which provides, the names of the beneficiaries and the identification of the company which has been allocated values corresponding to utilities. "."
Article 21.-Replace article 111, with the following: "article 111.-right to tenth third remuneration or Christmas bonus-the workers are entitled to that their employers pay them monthly, the proportional part to the twelfth of the remuneration received during the calendar year." To order statement of the worker or the worker, this value may be of a cumulative basis, up to twenty-four December each year.
Third supplement - Registro Oficial Nº 483 - Monday, April 10, 2015 - 7 the remuneration referred to in the preceding paragraph shall be calculated according to the provisions of article 95 of this code. "."
Article 22.-Replace article 113, with the following: "article 113.-right to the fourteenth compensation-workers shall receive, in addition, without prejudice to all remuneration that currently have the right, a monthly bonus equivalent to the twelfth of the minimum basic pay unified for workers in general. To order statement of the worker or the worker, this value will receive a cumulative basis, until March 15 at the coast and Insular regions, and until August 15 on the Sierra and Amazon regions. The school regime adopted in each of the constituencies will be observed for the payment of this bonus. The bonus referred to in the preceding paragraph shall be paid also to retirees by their employers, retirees of the IESS, pensioners insurance military and the national police. If a worker, for any reason, way or were separated from their work before the aforementioned dates, you will receive the proportional part of fourth tenth remuneration at the time of retirement or separation.
Article 23. -To the following of article 133, added the following article Innumerado: "Art. 133.1-limits income-generating gaps-the governing Ministry of labour may establish limits on wage gaps between remuneration maximum general managers or senior managers - either through ministerial agreement is its name - and the lower remuneration within the respective company, and can be considered to effect scales and sub scales depending on the application" , among others, the following parameters: 1. nature and economic sector of the company; 2 profitability, revenue, costs and expenses and size of assets of the company; 3. number of working people; 4. corporate responsibility; and 5. Those additional established the administrative authority of competent work.
The governing Ministry of labour to establish maximum general managers or senior executives compensation will take into account the resulting amount of multiplying the lowest remuneration within the respective company, the value of set annually.
Exceeding the limit of remuneration established the governing Ministry of labour will not be deductible for the purposes of the payment of the tax income, according to the provisions of paragraph 1 of article 28 of the regulation for the application of the tax law. "."
Article 24.-in article 154, the following reform: 1. in the third paragraph of article 154, removed the phrase: "nor of eviction".
2 repeal of the last subsection.
Article 25.-In the first paragraph of the fourth article innumerado, then Article 156 added, delete the following: "this certificate must accompany the contract when it is registered in the departments of the Ministry of labour and employment.".
Article 26.-Replace the paragraph 9 of article 169 by the following: "9. presented by the worker severance.". Article 27.-at the end of number 1 of article 173, be replaced with the semicolon (;) followed dot (.), and add the following: "where insults are discriminatory compensation shall be established in the second paragraph of article 195.3 of this code.".
' Article 28.-In article 175, removed the phrase: "evicting or". Article 29.-Repeal article 181. Article 30.-Reforming article 184 of the following way: 1. replace the first subparagraph of article 184 with the following: "article 184-eviction.-is the written notice that a working person makes you know to the employers that their will is the to terminate the contract of employment, including by electronic means." Such notification will be made with at least fifteen days of the termination of the work, this period may be reduced by the express acceptance of the employer at the time of the notice. "."
2 replace the second subparagraph with the following: "Also will be paid the bonus of eviction in all cases in which relationships end up in accordance to the paragraph 2 of article 169 of this code.".
Article 31.-Be replaced with article 185, the following: ' article 185.-severance bonuses.-in cases of termination of employment severance, the employer issue a worker with twenty-five 8 - third supplement - official register no. 483 - Monday 20 of April of 2015% of the equivalent of the last monthly remuneration for each of the years of service rendered to the same company or employer. " Equal bonus must be paid in cases in which the employment relationship ends by agreement between the parties. The employer, within the period of fifteen days after the notice of eviction, proceed to liquidate the value representing the corresponding bonuses and other rights that correspond to the working person, in accordance with the law and without prejudice to the powers of control of the governing Ministry of work."
Article 32.-Repeal article 186. Article 33.-Replace article 187 by the following: ' article 187.-guarantees for trade union leaders. " The untimely dismissal of the employee or worker member the Organization of workers directive will be considered ineffective. In this case, the dismissal will not prevent that the worker still owned by the directive until the end of the set period of time. This warranty will be extended during the time that the leader exercised its functions and one more year and protect, alike, leaders of organizations constituted by workers from the same company, as to the of those formed by workers from different establishments, provided that in the latter case the employer is notified, through the labour inspector , the choice of the leader, who work under their dependence. However, the employer will be able to terminate the employment contract by the causes specified in article 172 of this code. "."
Article 34.-Repeal of article 189. Article 35.-Add next article 195, the following articles: "article 195.1.-Prohibition of dismissal and ineffective-declaration shall be deemed ineffective dismissal untimely of pregnant workers or associated with her condition of pregnancy or maternity leave, because of the principle of security of tenure which protects them." The same rules about the ineffectiveness of the dismissal shall apply to Union leaders in execution of their duties by the time limit set in article 187.
Article 195.2.-inefficient dismissal action. Once produced the dismissal, the worker affected person be deducted its action before a judge or judge of the work of the appropriate jurisdiction to the place where this occurred, within a maximum period of thirty days. Admitted to processing demand, will be sent within twenty-four hours to the employers cite and, in the same Providence, is can dictate measures precautionary, allowing the immediate reinstatement to the work of the worker concerned or the affected worker, duration of the procedure. Demand and reply evidence available will be accompanied and will be requested which should be practiced. Concerned Providence it shall convene hearing be held within forty-eight hours counted from citation. This starts by conciliation and of the existing agreement, is authorized by judgment. In the absence of agreement chosen testing is practiced. The judge or the judge's work, will give a ruling at the same hearing. The verdict that supports the ineffectiveness admissible appeal with devolutive effect Art. 195.3.-effects. Declared the inefficiency, means that the employment relationship was not interrupted by the fact that has motivated it and be ordered the payment of outstanding salaries with ten percent (10%) surcharge. When the dismissed worker person decide, despite the Declaration of ineffectiveness of the dismissal, not to continue the employment relationship, receive compensation equivalent to the value of a year of compensation that had been receiving, in addition to the general that apply for untimely dismissal. If the employing person refuses to keep in its functions the person working once the immediate reinstatement of the same is provided in the initial Providence, or the ineffectiveness of the dismissal is established in judgment, may be punished with the penalty established in the organic comprehensive criminal code for the offence of breach of legitimate decisions of competent authority. In any case of dismissal for discrimination, either by affecting the worker due to their condition of older adult or sexual orientation, among other cases, outside those provided for the ineffectiveness of the dismissal, the worker is entitled to the additional indemnity provided for in this article, unless applicable to the right to reinstatement. In the event of unjustified dismissal of a person with a disability, or who is responsible the maintenance of a person with a disability will 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 unionized.".
"Third supplement - Registro Oficial Nº 483 - Monday 10 April 2015 - 9 Article 37.-in the title of article 233, removed"and eviction"and in subsection first, removed the phrase"evicting or". Article 38.-Repeal article 264. Article 39.-Replace article 265, with the following: "article 265.-contractual mode.-after expired trial period, becomes a contract for an indefinite time. In the event of untimely dismissal, for the computation of compensation, compensation that the working person perceives will be considered. "."
Article 40.-Repeal of section 266. Article 41.-in the first paragraph of article 275, disposed as follows: "a copy of the record will be sent to the Directorate of employment and human resources.".
Article 42.-Repeal of article 277. Article 43.-in paragraph 1, article 283, removed the following sentence: "that employers are registered in the register of employers of homeworkers, requiring the presentation of the certificate;".
Article 44.-in the second subparagraph of article 285 of the labour code, removed the following sentence: ", duly registered with the Ministry of labour and employment" article 45.-Article 310 be replaced by the following: ' article 310.-causes for the termination of these contracts-contracts end up the General causes, notwithstanding that the employer can also terminating the contract " , prior approval, for the following reasons: 1. when the employee disclose secrets or make disclosures that may cause damages to the employer; and, 2. When the employee has induced the employer to enter into agreement with fake certificates. "." Article 46.-Repeal articles 311 and 312. Article 47.-Replace the 452 article with the following: "article 452.-Prohibition of dismissal-except cases of article 172, the employer may not dismiss any of its workers, from the moment in which they notify the respective labour inspector who met in general Assembly to form a trade union or Works Council, or any other Association of workers" , until the first directive to integrate. This prohibition covers all workers who have or not crowded to the constituent Assembly.
Produce the dismissal, not be interrupted the process of registration or approval of the labor organization. To organize a Committee of business, the Assembly shall be constituted by more than fifty percent of the workers, but in no event may be constituted with a number less than thirty workers. General meetings for the Organization of the remaining associations of workers, are not subject to the requirement of fifty percent, referred to in the previous paragraph. "."
Article 48.-Replace the article 455, with the following: "article 455.-compensation for illegal dismissal." An employer who contravenes the prohibition of section 452 of this code, shall indemnify the worker fired with a sum equivalent to the salary or wages of a year. "."
Article 49.-in article 459, reform is the following: 1. replace the number 3 by the following:
"3. the directors of the company Committee will be integrated by any working person, affiliated or not, that is present in the lists to be chosen as such;".
2 replace the number 4 with the following: "4. the Works Council directive will be elected by universal, direct and secret voting in which all workers of the company who are unionized and are working at least ninety (90) days may participate as voters." The governing Ministry of labour shall issue secondary legislation necessary for the implementation of the provisions of this paragraph; and, "."
Article 50.-Replace number 5 of the 462 article with the following: "5. respond and be accountable to the general Assembly of workers, annual fashion, by the use and administration of the funds of the Committee;" and, "."
Article 51.-in number 2 of Article 497, removed "or you desahuciare". Article 52.-following the first paragraph of article 539 Add the following paragraph: "The governing Ministry of labour will exercise the rectory on safety at work and the prevention of occupational risks and shall be competent to issue rules and regulations at the national level in the matter.".
Article 53.-in number 5 of article 545, delete the phrase "notify evictions". Article 54.-Repeal article 560.
10 third supplement - official record No. 483 - Monday, April 20, 2015 article 55.-repeal of paragraphs 562 and 563. Article 56.-Replace the article 624, with the following: "article 624.-pending eviction-eviction referred to in article 184 of the code, means fulfilled with the delivery of a written notice to the employer that will make it the worker or the worker, informing him about his decision to end the employment relationship. When the eviction notice by electronic means, must safeguard the employer to learn promptly about the working person's decision. "."
Article 57.-Replace the 566 article with the following: "article 566.-jurisdiction of the national court and courts provincial-national court and the provincial courts know the dispute of labour under the appropriate resources, in accordance with the corresponding legal provisions."
Article 58.-in the first subparagraph of article 630, after the word "fines" add "and utilities in favor of workers and former workers referred to in article 104 of this code.". Article 59.-In article 224 of this code, enter the following paragraphs: "collective labour contracts concluded in the public sector, mandatory will observe the provisions laid down in the constituent mandates numbers 2, 4 and 8, and their respective regulations, and authorities and legal representatives of the respective entities, companies or organizations, at the time of the negotiation" proceed to ensure that as well.
The collective recruitment of labour in all public sector institutions and entities of private law in which, under any designation, nature, or legal structure, the State or its institutions have majority shareholding or major direct or indirect contributions from public resources, it will be based on the following criteria: any negotiation or clause that contains privileges and benefits excessive and exaggerated against the general interest is prohibited namely: 1. payment of compensation for untimely dismissal, including Union leaders, whose amount exceeds the maximum limit laid down in the constitutional mandate no. 4.
2 provision of vacation and the thirteenth and fourteenth payment compensation in amounts or values higher than those established by law.
3 days holidays and mandatory rest not established by law. Be recognized exclusively mandatory rest days, set out in article 65 of the labour code.
4 days holiday and additional outside those listed in the labour code. 5 calculation of additional hours or overtime, without considering the whole week below 240 hours a month. Such additional or extraordinary work about 240 hours a month must be calculated.
6. the amounts corresponding to compensation for waiver to qualify for the retirement of public workers, will be calculated according to the provisions of article 8 of the constitutional mandate not. 2. "."
Chapter II of the reforms to the organic law of the public service article 60.-Article 97 of this law, be replaced by the following: "article 97.-10th third remuneration- the servers of the entities, institutions, bodies or legal persons referred to in article 3 of this law, are entitled to receive twelfth of the value of their remuneration" additional, which receives monthly. To order statement of the servant or public server, this value will receive cumulative way, until 20 December of each year. If the server for any reason, way or were separated from their work before the aforementioned dates, you will receive the proportional part of the tenth third remuneration at the time of retirement or separation. "."
Article 61.-Replace article 98 of this Act, by the following: "article 98-tenth fourth remuneration- the servers of the entities, institutions, bodies or legal persons referred to in article 3 of this law, without prejudice to all remuneration that currently are entitled, shall receive an annual additional bonus equivalent to a unified basic remuneration existing at the date of payment ' that it will be cancelled proportionally on a monthly basis. Two unified basic salary will be paid in the case of the servants and servants of the special regime of Galapagos.
To order statement of the servant or public server, this value may receive form accumulated until April 15 of each year at the coast and insular regions; and, up to August 15 in the Sierra and Amazon regions.
"Third supplement - registration officer Nº 483 - Monday, April 10, 2015 - 11 if the server for any reason, way or were separated from their work before the aforementioned dates, will receive the proportional part of fourth tenth remuneration at the time of retirement or separation".
Article 62.-in article 51 of the organic law of the public service, a new letter be incorporated and will renumber the existing letter k), as follows: "k) designing public policy of labour inclusion for persons belonging to indigenous nationalities and peoples, Afro-Ecuadorian and montubios;" as well as returning migrants. This inclusion policy should take into consideration the knowledge, skills and profession, required for the job to provide.
(l) any other assigned by law."
Article 63.-in the first subparagraph of article 129 of the organic law of the public service, then the words "of the worker in total" incorporated the words "from the year 2015, in accordance with the unified basic wage in force January 1, 2015".
Chapter III of the reforms to the constitutional mandate no. 2 article 64.-in the second subparagraph of article 8 of the constituent number two, then of the words mandate "will be of" joining the words "up to".
Chapter IV of the reforms to the law organic of LAS companies Public Art. 65.-in article 23 of the organic law of public companies, then the phrase "and up to a maximum of 210 unified basic minimum wages in the private worker.", replaced the end point by how (,) and add the following: "from the year 2015, in accordance with the unified basic wage in force January 1, 2015.".
Chapter V of the reforms to the law of security SOCIAL article 66.-perform the following reforms in the title of first of the book first "compulsory General insurance" of the Social Security Act, published in official register Supplement No. 465 30 November 2001: 1. Replace the text of the letter g) of article 2 with the following: "(g). People who perform unpaid household work".
2. Add a new letter in article 2, with the following content: "h. other mandated persons to membership in the regime of compulsory General insurance pursuant to special decrees or laws".
3. replace the text of the first paragraph of article 3 by the following: ' article 3.-risks covered.-compulsory General insurance will protect affiliated persons, in the conditions established in this law and other regulations applicable, according to the characteristics of the activity undertaken, in cases of: ".
4 replace the second subparagraph article 8 with the following: "prohibited the return of contributions to affiliated persons, except when the death of the affiliated person to not comply with conditions relating to previous periods of contribution, this not causare pensions for widows and orphans. In such cases, the people beneficiaries shall be entitled to repayment in equal parts of the personal contributions. "."
5. Add a new letter in the article 9 with the following content: "i. is person doing unpaid work in the home who develops exclusively tasks home care without remuneration or any economic compensation and does not develop any of the activities referred to in the earlier literal."
6. Add a new letter to article 10 with the following text: "the person doing unpaid work in the home will be protected against the contingencies of old age, death and invalidity that produces total and absolute permanent disability. The person doing unpaid work in the home can contribute on a voluntary basis to cover the contingency of unemployment. "."
7 replace subsection first article 11 with the following: "For purposes of the calculation of contributions to the compulsory General insurance, means that the taxable matter is all susceptible of appreciation pecuniary income perceived by the affiliated person, or if the unpaid work in the home, by their family economic unit".
8 replace the text of letters a) and b) of article 12 by the following: ' a) principle of congruence-all the components of the income perceived by the affiliate or, in the case of non-remunerated work 12 - third supplement - Registro Oficial Nº 483 - Monday, April 20, 2015, home, family economic unit, which form part of the calculation and delivery of the performance of the General insurance are taxed for the purposes of calculation and collection " of the contributions.
b) principle of the fact generator-the realization of any remunerated activity or not by persons obliged to ask for affiliation to the compulsory General insurance, according to article 2 of this law, is the generator fact of contributions to each of the social insurance administered by IESS. "."
9. replace the text of the second paragraph of article 15 by the following: "the individual contribution required of the self-employed worker, professional in free exercise, the employer or partner of a business, the owner of a sole proprietorship, the smaller independent worker, the person doing unpaid household work, and other insured persons forced to the Social insurance scheme required under laws and special decrees" , shall be calculated on the presumptive Base of contribution (BPA), defined in article 13 of this law, in the percentages indicated in this law and its subsequent variation of periodic, subject to the results of the independent actuarial studies, hired by the lESS, which will take into account the socio-economic situation of the affiliated person, the nature of contingencies and claims of each protected risk indices. "."
10 Add the following article following article 15 innumerado and repeal article 135: (...). "." Article 15.1.-portability of contributions-the contributions made in any of the forms of affiliation within the compulsory General insurance and in the Special Social security scheme peasant will serve for the computation of periods of contribution required to gain access to the economic benefits of the system. "In such cases, the determination of the amount of the pension will be applying the calculation formula that most benefits the affiliated person or their dependants."
Article 67.-Perform the following reforms in the second title of the first book "of the compulsory General insurance": 1. replace article 73 by the following: ' article 73.-affiliate registration and payment of contributions-employer is obliged, under its responsibility and without counterclaim, to register the worker or as a member server of the compulsory General insurance from the first day of work " , and to refer to the IESS notice of entry within the first fifteen (15) days, with the exception of the agricultural sector employers who are exempt of sending notices of input and output, crediting is the time of service of the workers. The breach of this obligation shall be punished in accordance with the General Regulation of employer liability. The employer shall give notice to the IESS of the modification of the salary or wage, disease, separation of the worker, or another relevant novelty for the labor history of the insured, within a period of three (3) days after the occurrence of the fact. People who perform unpaid work in the home will be considered affiliated from the date of their application for membership. Once affiliated must keep the information relating to the workplace and to their socio-economic situation, without prejudice to the checks that the Ecuadorian Institute of Social Security. The affiliate is required to file his certificate of citizenship or identity for all pending or feature request to the Ecuadorian Institute of Social Security. The employer, the person doing unpaid household work and the affiliate without dependency ratio are required, without counterclaim prior where appropriate, to pay the contributions of the compulsory General insurance within a period of fifteen (15) days of the month corresponding contributions. In the event of non-compliance, will be subjects of mora without prejudice to the employer liability to any place, subject to this law. It excludes the collection of fines in respect of fines and interest so as employer liability, persons who perform unpaid work in the home and to the members of the family economic unit. In each territorial constituency, the Provincial Directorate of the IESS is obliged to raise contributions to the compulsory General insurance, personal and employer, paying members and employers, directly or through the banking system. "."
Article 68.-Add next to title IV "of the regime of compulsory savings" the following title innumerado with chapters and innumerados items listed below: "title (...)
Of the pensions regime of unpaid work in the home chapter I provisions general article...: General conditions of access to the pensions-persons performing non-remunerated home work should be affiliated, high and aware of payment of their obligations to the system, at the time of the contingency.
Third supplement - Registro Oficial Nº 483 - Monday 10 April 2015 - 13 Art....: basis of contribution-the bases of contribution for people who perform unpaid work in the home are as follows: a. when economic family unit income below 50% of the unified basic salary, the contribution will be made on the basis of the twenty-five percent (25%) of the unified basic salary.
b. when the family economic unit get income equal to or greater than fifty (50%) and less than one hundred (100%) of base salary unified, the contribution will be made on the basis of the fifty percent (50%) of the unified basic salary.
c. when the economic family unit income equal to or greater than one hundred (100%) and lower than the hundred and fifty (150%) of base salary unified, the contribution will be based on the seventy-five (75%) of the unified basic salary.
d. when the family economic unit get income equal to or greater than fifty percent (150%) per cent of the basic salary unified, the contribution will be based on one hundred percent (100%) or more of the unified basic salary.
Art...: basis of calculation-the calculation basis for the pensions of people who perform unpaid household work will be the average of all the bases of contributions recorded since 2003, updated with the inflation. Art...: State-the State subsidy determined annually in the General budget of the State the amount that will be allocated to subsidize the percentage of individual contribution of persons performing unpaid work from home, depending on the socio-economic situation of the family economic unit, in the terms established in this law and in the code planning and public finance.
Chapter II of the pension for permanent disability total and absolute Art....: specific conditions of access-the person who carries out work from home unpaid, in addition to complying with the General conditions of access, shall at the time of the qualification of the permanent disability have at least completed: six (6) monthly contributions for persons who are between 15 and 25 years of age; Thirty-six (36) monthly contributions for persons who are between 26 and 45 years of age. Sixty (60) monthly contributions for persons from 46 years of age.
Article...: amount of the pension for total permanent disability.-total permanent disability pension will consist of a monthly pension equivalent to a: a. when economic household income of less than fifty percent (50%) of the unified basic salary, eighty percent (80%) of the basis for calculation. In any case, the minimum pension is equivalent to seventy dollars ($ 70) dollars.
b. when the family economic unit
get income equal to or greater than fifty (50%) and less than one hundred per cent (100%) of the unified basic salary, sixty percent (60%) of the basis for calculation. In any case, the minimum pension will be equivalent to hundred and six (106 USD) dollars.
c. when the economic family unit income equal to or greater than one hundred percent (100%) and lower than the hundred and fifty percent (150%) of the unified basic salary, fifty-five percent (55%) of the basis for calculation. In any case, the minimum pension will be equivalent to one hundred and forty-six (146 USD) dollars.
d. when the family economic unit obtained income equal to or higher than the % fifty percent (150%), fifty-five percent (55%) of the basis for calculation. In any case, the minimum pension will be equivalent to one hundred and ninety-four (194 USD) dollars.
Article...: absolute permanent disability pension amount-for absolute permanent disability pension will consist of a monthly pension equivalent to a: a. when economic household income of less than fifty percent (50%) of the unified basic salary, ninety percent (90%) of the basis for calculation. In any case, the minimum pension is equivalent to seventy-nine (79 USD) dollars.
b. when the family economic unit get income equal to or greater than fifty (50%) and less than one hundred per cent (100%) of the unified basic salary, sixty-five percent (65%) of the basis for calculation. In any case, the minimum pension will be equivalent to one hundred fifteen (115 USD) dollars.
c. when the economic family unit income equal to or greater than one hundred percent (100%) and lower than the hundred and fifty percent (150%) of the unified basic salary, sixty-two point five per cent (62.5%) of the basis for calculation. In any case, the minimum pension will be equivalent to one hundred and sixty-five (165 USD) dollars.
d. when the family economic unit obtained income equal to or higher than the % fifty percent (150%), and sixty-two point five per cent (62.5%) of the basis for calculation. In any case, the minimum pension will be equivalent to two hundred twenty-one (221 USD) dollars.
14 third supplement - official record No. 483 - Monday, April 20, 2015 art.... Right of option-when the person doing unpaid work in the home is declared in situation of permanent total or absolute disability and at the same time reach the requirements for access to old-age pension must opt for one of these pensions.
Chapter III of the pension by retirement Art....: specific conditions of access-the person who carries out work from home unpaid, in addition to complying with the General conditions of access, shall be entitled to pension for ordinary retirement after you have performed a minimum of two hundred forty (240) monthly contributions and at least sixty (65) years of age. Article...: the ordinary retirement pension-pension amount will consist of a monthly pension equivalent to a: a. when economic household income of less than fifty percent (50%) of the unified basic salary, ninety percent (90%) of the basis for calculation. In any case, the minimum pension is equivalent to seventy-nine (79 USD) dollars.
b. when the family economic unit get income equal to or greater than fifty (50%) and less than one hundred per cent (100%) of the unified basic salary, sixty-five percent (65%) of the basis for calculation. In any case, the minimum pension will be equivalent to one hundred fifteen (115 USD) dollars.
c. when the economic family unit income equal to or greater than one hundred percent (100%) and lower than the hundred and fifty percent (150%) of the unified basic salary, sixty-two point five per cent (62.5%) of the basis of calculation, which will increase at one point twenty-five (1.25%) percent for each additional year of contribution from the twentieth year (20) reaching a maximum of eighty-five (85%) per cent of the calculation basis. In any case, the minimum pension will be equivalent to one hundred and sixty-five (165 USD) dollars.
d. when the family economic unit obtained income equal to or higher than the % fifty percent (150%), and sixty-two point five per cent (62.5%) of the basis of calculation, which will increase at one point twenty-five (1.25%) percent for each additional year of contribution from the twentieth year (20) reaching a maximum of eighty-five (85%) per cent of the calculation basis. In any case, the minimum pension will be equivalent to two hundred twenty-one (221 USD) dollars.
When a person has contributed by more than one contribution bases established in the literal contents in the second article innumerado of chapter I "Bases of contribution", the formula applicable calculation will determine a better pension, guaranteeing in any case the amount of the minimum pension established for minor contribution base.
Chapter IV of the pensions of widows and orphan article...: specific conditions of access: the spouse or the couple of in fact legally recognized union of the person who carries out work of deceased non-remunerated household and their children, will be entitled to pension for widows and orphans as appropriate, when at the date of death causing person comply with the General conditions of access , and had made the following contributions: six (6) monthly contributions for people who are between 15 and 25 years of age; Thirty-six (36) monthly contributions for people who are between 26 and 45 years of age. Sixty (60) monthly contributions for the people dying from 46 years of age. In case that the person responsible was disability pensioner permanent total or absolute or retirement shall not apply the conditions relating to minimum periods of contribution. If not any two years of marital life, at least just the existence of daughters or sons in common. Art...: the amount of the pension for death to the person pensioner or affiliate-the pension due to the person's death due to retirement or permanent total or absolute, disability pensioner shall be calculated from the latest perceived pension amount. The pension upon death of the affiliated person shall be calculated from the following values: a. when the family economic unit obtains income of less than fifty percent (50%) of the unified basic salary, eighty percent (80%) of the basis for calculation. In any case, the minimum pension is equivalent to seventy (70 USD) dollars.
b. when the family economic unit get income equal to or greater than fifty (50%) and less than one hundred per cent (100%) of the unified basic salary, sixty percent (60%) of the basis for calculation. In any case, the minimum pension will be equivalent to hundred and six (106 USD) dollars.
c. when the economic family unit income equal to or greater than one hundred percent (100%) and lower than the hundred and fifty percent (150%) of the unified basic salary, fifty-five percent (55%) of the basis for calculation. In any case, the minimum pension will be equivalent to one hundred and forty-six (146 USD) dollars.
Third supplement - Registro Oficial Nº 483 - Monday 10 April 2015 - 15 d. When the family economic unit obtained income equal to or exceeding the one hundred fifty percent (150%) of the unified basic salary, fifty-five percent (55%) of the basis for calculation. In any case, the minimum pension will be equivalent to one hundred and ninety-four (194 USD) dollars.
Art...: Pension for widows and orphans-the spouse or the partner in fact legally recognized union of the affiliated person deceased shall be entitled to a pension whose amount will be equivalent to sixty percent (60%) of the values stated in the previous article as appropriate. Where there are children under 18 years of age or children with severe disabilities, duly qualified by the national health authority, no age limit, the forties will be delivered per cent (40%) remaining in proportion among these. Art...: other beneficiaries: in the absence of the spouse or partner in fact legally recognized union, parents of the affiliated person or deceased pensioner, entitled to widow's pension provided that 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 widow's pension will be lost when the surviving spouse or partner in fact legally recognized union enter into a new marriage or has a new free union. In the case of the pension for orphans will be lost this right to eighteen except in cases of children with severe disabilities duly qualified by the national health authority. The right of the beneficiaries referred to in the previous article shall terminate when they receive a pension contributory Social security system.
Subsidy for funeral Art....: funeral-the funeral subsidy subsidy pensioner covers part of the expenses of burial upon the death of the person or who perform unpaid household work, provided that the responsible person has made six (6) monthly contributions during the twelve (12) months prior to his death. "Art...: amount of subsidy for funeral-the person attesting to having made such expenses shall have the right, only once, to an amount equivalent to four (4) consolidated basic salaries."
Article 68.1.-Replace the text of article 237 by the following: "article 237.-financing.-the State of Ecuador recognizes the right to social security of all persons, regardless of their work situation. The Central Government will be responsible for subsidiary and will ensure the payment of pensions of Social security system only when the Ecuadorian Institute of Social security does not have the economic resources to cover obligations in the course of the compulsory General insurance and the special diet of the peasant Social insurance payment.
In this case, the respective resources, even on other expenses must be included in the General budget of the State. "."
Article 69.-Replace the text of article 234 with the following: "article 234.-minimum of pensions and their revaluation.-Social security system pensions will increase 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, total or absolute permanent disability from occupational hazards, will be established according to the time of the contribution, in proportion of the basic salary unified, according to the following table: time provided in years minimum monthly PENSION as a percentage of the unified basic salary up to 10 50% 60% 11-20 21-30 70% 31-35 80% 36-39 90% 40 and more than 100% the minimum pension of montepio family group will be equivalent to 50% of the unified basic salary. The minimum pension for partial permanent income from work and partial income from general insurance risks, will be proportional to 50% of the basic salary unified, keeping the proportionality of the initial rent. The lack of transfer of resources for the payment of these pensions, shall be punished with the removal of the authority and of the servants and hesitant public servants of their obligation."
GENERAL provision for the purposes of the calculation of the compensation from the year 2015, provided for in article 8 of the constitutional mandate no. 2 and article 1 of the term constituent No. 4, the amount of the private worker's unified basic salary will be established on 1 January 2015.
TRANSITIONAL provisions first.-within the period of one hundred and eighty (180) days from the entry into force of this law, the Ministry of labour shall issue secondary legislation necessary for the proper implementation of the same.
16 third supplement - official record No. 483 - Monday, April 20, 2015 second-all hitch and fixed-term contracts, entered into prior to the date of the entry into force of this Act, continue to be governed by regulations at the time of its conclusion, and in those cases that apply, until 01 January 2016.
Third.-the reform referred to in article 15 of this law shall enter into force from January 1, 2016.
Fourth.-within the period of 60 days after the issuance of this law, the Steering Council of the Ecuadorian Social Security Institute shall establish contribution percentages for those who perform unpaid work in the home considering their socio-economic situation, which will employ the cadastre of individualized level families social, economic and demographic information for the purpose of which they can access the subsidy from the State.
Within the same period, the Steering Council of the Ecuadorian Social Security Institute shall issue the necessary rules for the implementation of the provisions of this law.
FINAL provision this law to the labour courts and recognition of the work in the home, will take effect from the date of its publication in the Official Gazette. Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, fourteen days after the month of April of two thousand fifteen.
(f.) GABRIELA RIVADENEIRA BURBANO President f.) Dr. Libya RIVAS ORDÓÑEZ Secretary General SAN FRANCISCO DE QUITO, Metropolitan, to seventeenth day of April in the year one two thousand and fifteen district.
Subject to sanctions and promulgation of f.) Rafael Correa Delgado, constitutional President of the Republic.
Republic of ECUADOR Assembly national certification in my capacity as Secretary-General of the National Assembly, I certify that the National Assembly discussed and adopted the "project of law organic to the justice labour and recognition of the work at home", in first debate on December 29, 2014 and on 6 January 2015; and in second debate on April 14, 2015. Quito, April 15, 2015.
f.) Dr. Libya RIVAS ORDÓÑEZ Secretary General is faithful copy of the original.-Lo certify. Quito, 17 April 2015.
f.) Dr. Alexis Mera Giler SECRETARY GENERAL legal Presidency of the Republic