The ministerial agreement on the 12-hour working day would affect the workers, according to analysts who point out that the change would mean not paying the weekend allowance and “violating the law”.

The state portfolio, then chaired by Patricio Donoso, signed six ministerial agreements on November 21, and one of them, no. MDT-2023-161, issued guidelines for the application of working hours.

Chapter II, Article 4 of this agreement refers to ‘about dynamic working days’ which states that: “employers and workers can agree on the distribution of forty (40) hours per week into daily shifts which in no case may exceed a maximum of twelve (12) hours per day in accordance with the provisions of the law.” The worker will be entitled to the allowances established in Article 55 of the Labor Law when he worked more than forty (40) hours a week.

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According to the document, the day is used with the “purpose of achieving higher goals of family stability; staff, time efficiency, commuting and more free time during the week.”

In Article 5 of the agreement, they clearly state that To implement this day, they need the consent of the workers. “Dynamic working days must have the written and informed consent of the workers.” Furthermore, that “it is the sole responsibility of the employer to keep documentation on the consent of the worker and present it to the competent labor authorities.”

According to labor lawyer Vanessa Velásquez, the new regulations would lead to a “change of working hours (from) to Saturday and Sunday without paying a surcharge.”

For his part, former Deputy Minister of Labor Tito Palma said that “it is a violation of the law”. In addition, he pointed out that reaching an agreement on increasing the maximum working day, even if there is an agreement between the parties, would represent a violation of the principle of inalienability of the law that establishes the rest between the working day of the day and the next day.

He also indicated that there is no overtime pay.

Velásquez explains that with this modification, the day will not last 12 hours, but that 40 hours can be distributed throughout the week. “The problem is that it (the ministerial agreement) is poorly drafted and they misinterpret it and do not limit it based on the provisions of the labor law, from Art. 47 and the following, especially 51 and 55,” he says.

Article 47 states that: “the longest working time can last eight hours a day, so it cannot be longer than forty hours a week, unless otherwise determined by law.”

A special working day could occasionally last up to 12 hours, according to a document from the Quito Chamber of Commerce

Article 51 refers to the duration of rest, which indicates that the previous article, 50, which establishes the ‘limitation of forced hours and rest’ must be taken into account. “The rest from the previous article will be enjoyed by all workers at the same time or in shifts if the nature of the work they perform requires it. It includes at least forty-eight consecutive hours,” Article 51 states.

Article 50 states that: “The mandatory working day cannot last longer than five a week, or forty hours a week.” Saturday and Sunday will be days of forced rest, and if, due to circumstances, work cannot be interrupted on those days, another equal time of the week will be determined for rest, by agreement between the employer and the employee.

According to Velásquez, if for some reason you have to work on Saturday or Sunday, before the agreement between the employer and the worker, the latter can take another day off in the week.

While Article 55, which refers to compensation for additional and overtime hours, explains that by written agreement between the parties (employee and employer), the working day may exceed the limit established in Articles 47 and 49 of the Code. , provided that it is continued with the approval of the labor inspector and the following requirements are respected:

Palma pointed out that it must be taken into account that there is a limit for the daily working day, which is eight hours, as well as the weekly working day, which is 40 hours. “It’s not like you can’t work more than eight hours, but then you have to pay extra and take it as overtime,” he explained.

He also pointed out that the law requires that if you work on weekends, you must pay an additional allowance. “The law does not say that you work for five days and rest for two. The law says that work on Saturdays and Sundays is called overtime and if it is done for a reason, an allowance must be paid,” he said.