On July 3, 2025, the new Organic Law for Persons with Disabilities was published in the Official Gazette No. 73. Here we present the most relevant labor changes affecting employers, workers with disabilities, caregivers, substitutes and legal representatives:
1. Caregivers
The category of caregivers, responsible for the care of persons with severe or complete disabilities, is introduced. The norm promotes their social and labor inclusion, and establishes that the Ministry of Labor will develop a certification program to validate their skills and provide them with job opportunities.
Mandatory Labor Inclusion
Employers with 25 or more workers are required to hire at least 4% of people with disabilities, distributing this percentage equally in each province where the employer operates. Only for medical reasons may they work part-time; full time hiring prevails for this personnel. In risk activities, such as security, people with disabilities are limited to administrative functions. In addition, they have priority for internships and pre-professional practices. Temporary contracts do not count for the calculation of the mandatory percentage.
3. Reduction in Substitute Hiring
Individuals as substitutes can count towards the inclusive quota, but only up to 25% of the legally required total, instead of the previous 50%. The benefit applies to one person for each individual with a disability.
4. Enhanced Job Stability
The law protects the employment stability of people with disabilities, providing for compensation of 18 months of the best salary in case of unjustified dismissal, the standard compensation and also allows the option of immediate reinstatement to work.
5. Substitute or Caregiver Permits
Maternity leave is extended for three months for births of children with disabilities or severe congenital conditions. Caregivers and substitutes are allowed two hours per day for personal care, according to the Human Resources report. Medical leave for the disabled child is also transferred to the substitute if special care is required, applicable to one person per child.
6. Follow-up and Labor Inspections
The Ministry of Labor will conduct comprehensive inspections to verify compliance with the inclusion percentage, working conditions, job adaptations, and universal design.
Penalties of eleven to fifteen basic salaries or suspension of activities for up to thirty days may be imposed on those who fail to comply with the 4% percentage established by law or prevent the fulfillment of the right to maternity, paternity or care for disabled persons.
Quito D.M. / Guayaquil, June 2025
