Employment Law Ecuador
| ⚖️ Employment Law in Ecuador | |
|---|---|
| Governing Code | Código del Trabajo |
| Minimum Wage | ~$450/month (2024) |
| Working Hours | 40 hours/week maximum |
| Benefits Required | IESS affiliation, 13th/14th salary, vacation |
| Employer Obligation | Affiliate all formal employees to IESS |
ECUAWIKI › HOW-TO GUIDES › EMPLOYMENT LAW
Ecuador's employment law is governed by the Código del Trabajo (Labor Code) and offers significant protections for workers. For anyone hiring staff on the Peninsula or working formally in Ecuador, understanding these basics is essential.
Minimum Wage
Ecuador's Salario Básico Unificado (SBU) — the unified basic salary — is set annually by the government. As of 2024, it is approximately $450/month. All formal employees must receive at least this amount plus mandatory benefits.
Mandatory Benefits
All formal employees are entitled to:
- 13th salary (décimo tercer sueldo): An additional month's salary, paid by December 24 each year (Christmas bonus)
- 14th salary (décimo cuarto sueldo): Another monthly salary, paid in August (in Costa and Galápagos regions)
- Vacation: 15 days paid annual leave (after the first year)
- IESS affiliation: Employers must register employees with IESS and make contributions (approximately 21.6% of salary — split between employer and employee)
- Reserve fund (fondo de reserva): After the first year, an additional 8.33% monthly payment (or accumulation in IESS)
- Profit sharing (utilidades): 15% of company profits distributed to workers annually if the company makes a profit
Working Hours
- Maximum 40 hours per week (8 hours/day)
- Overtime is paid at time-and-a-half (1.5x)
- Night work and holiday work attract premium rates
Termination
Employment termination (desahucio or despido intempestivo) carries significant obligations:
- Notice required: 30 days (or one month's salary in lieu)
- Severance: Increases with years of service
- Unjustified dismissal (despido intempestivo) requires compensation
Foreign Workers
Foreign nationals can work legally in Ecuador once they have an appropriate residency visa that permits work (see Working in Ecuador). Tourist visa holders cannot legally work. At least 80% of a company's workforce must be Ecuadorian nationals.
Domestic Workers
Special rules apply to domestic employees (household staff). They are entitled to all the same benefits as formal employees including IESS, 13th/14th salary, and vacation.