If you are changed to teleworking or hybrid modality, your contract must be modified

If you are changed to teleworking or hybrid modality, your contract must be modified

Monday, Wednesday and Friday are the days Karen works at the office, and Tuesday and Thursday she works from home. She has been working partial way, also known as hybridfor a year and a half.

“Initially it was a sudden change, because the parallel organization of household tasks and work was difficult; however, as time passed I was adapting to this modality. I feel that it is very useful, due to certain personal tasks that at the time I could not do because I had to be physically in a place. In the same way, I feel that time is used better, ”says Karen, a who until now has not been informed of any modification in his contract towards this hybrid modality.

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Both teleworking contracts and those that stipulate working at home and hybrids, that is, 50% in the office and another 50% in the home, must be registered or modified in the Single Work System (SUT) of the Ministry of Labour.

According to employment lawyer Vanessa Velásquez, each employer, if they change the modality of their worker, must make this modification in the SUT or when it comes to new contracts. “An addendum must be made from the date the worker and the employer agreed to migrate to that hybrid modality“, mentions.

The Humanitarian Support Law stipulates teleworking in various ways. First, self employed, who work at home or in a place chosen by them, but not in the office. Second, the mobilewhich do not have a fixed place.

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Third, the partial or also known as hybrids, who work two or three days a week at home and the rest they do in an office. And the occasionalwho carry out their activities under agreed circumstances.

There are already companies in Ecuador that are using the hybrid modality more frequently. For example, 16.58% of the 561 administrative and operational collaborators of Terpel and Adesgae work that way, says Karina Alvarado, manager of Human and Organizational Management at Terpel.

“The remaining 83.42% correspond to personnel who have direct contact with suppliers or the end customer, and require daily face-to-face work. The initial reason why it was decided to change the work modality was the pandemic and the safety protocols that were accepted in order to safeguard the health of all collaborators. Later, the number of company employees increased, and the offices, both in Guayaquil and Quito, with the capacity limits, did not have the ideal dimensions for everyone to attend at the same time. Because of this, it was decided to start a protocol with hybrid modalityAlvarado explains.

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The company has not made a modification in the contract on the partial modality. “Regarding the new work modalities, no contractual modifications have been made either, since so far there are no collaborators working 100% virtual,” Alvarado points out.

The Ministry of Labor, according to its communication team, does not have an exact number of how many collaborators apply the partial or hybrid modality. Registration is done in general, that is, only as teleworking, and within this category would be the four aforementioned modalities.

Adriana Gutiérrez, Administrative Coordinator of Human Talent at Casa Grande Universitysays that also areas in charge can place a clause in the contracts indicating that they are exercising a modality different from the original one, above all for clarity.

“You can put that we are in a hybrid day, where we develop face-to-face and virtual days, and that is uploaded to the Ministry of Labor,” he says. (YO)

Source: Eluniverso

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