On May 15, 2025, Ministerial Agreement No. MDT-2025-053 was enacted in the Official Gazette No. 39, amending Ministerial Agreement No. MDT-2023-140, which issued the General Rules Applicable to the Control of Employer Obligations and Inspection Procedures. The reforms introduce updates in the registration processes, documentation, deadlines, terms and obligations for employers, defining more precisely the responsibilities in the management of labor information.
There are eight important points to be taken into account in the reform:
Validation of documents uploaded to the Ministry of Labor’s System
From now on the Ministry of Labor will apply a HASH code to all documents scanned and uploaded into its system, which will act as a fingerprint that validates their authenticity. This code contains unique characteristics that identify the document as registered, reported or approved.
Extension of the deadline for the registration of workers, approval of the reduction of working hours and the obligation to keep the corresponding documentation.
It is provided that the term for the employer to register its workers in the platform of the Ministry of Labor was extended from fifteen days to one month, counted from the worker’s entry. Likewise, it is determined that it is the employer’s obligation to keep the information updated in the Ministry of Labor’s system.
Regarding the approval of the reduction of working hours, it was established that prior approval from the Ministry and registration in the system of the Ministry of Labor is required.
Finally, it is determined that employers are obliged to keep -in physical and/or digital format- the documents registered, approved and reported to the Ministry of Labor, in order to submit them to the authorities when requested.
Obligation to provide information to its employees or former employees
It is established as an obligation of the employer to deliver to its employees or former employees the documents derived from the contractual relationship (contracts, addenda, profit sharing, termination minutes, internal regulations and pay slips). In addition, it is specified that these documents must detail the income, as well as the payment of the thirteenth and fourteenth salary. Failure to comply with this obligation will be sanctioned.
Obligation on employers with craft qualification
Employers with artisan qualification are required to register their administrative personnel -if any- in the system of the Ministry of Labor. This registration must be printed and signed by both parties as evidence of the payment made.
Obligation to register termination minutes and reduction of the registration deadline
It is now required to upload to the Ministry of Labor’s system in a single PDF file the termination agreement (duly signed by the parties) and the payment voucher to generate the HASH code, since with this code the process is legalized. On the other hand, the term for the registration of the severance agreement has been reduced from 30 to 15 days after the termination of employment. Finally, the employer’s obligation to keep the physical and digital files is reiterated.
Detailed procedure for payment by consignment
An initial term of 15 days is granted to the employer to locate and pay the settlement directly to the former employee. In the event that this is not possible, after the expiration of the term indicated, an additional 15 days are granted to make the consignment to the Ministry of Labor.
Obligation to support and keep the records of approval of the internal work regulations.
It is determined that the employer will have a non-extendable term of 15 days to download the resolution of approval of the Internal Labor Regulations, after which the documents will be automatically deleted. Likewise, it is informed that there may be a subsequent random control by the Ministry of Labor regarding its compliance.
New Tenth and Eleventh Provisions
It is stipulated that the employer is exclusively responsible for certifying and keeping the documentation uploaded to the system of the Ministry of Labor. It is also stated that the Ministry does not keep or assume responsibility for such information, since, after expiration of the legal deadlines, the documentation will not be kept. Therefore, if it is not downloaded, the employer must initiate a new procedure, with the possible corresponding penalties for not keeping the documentation.
Quito, D.M. / Guayaquil, May 2025
