By next December 24, employers will have to pay workers their thirteenth salary, according to the Labor Law. But which workers are entitled to this Christmas bonus, because this additional value is also known?

All dependent workers, as well as employees in the public sector, have the right to the thirteenth salary, but there are exceptions, experts point out.

There will be no employee changes, the new Minister of Labor will not implement the ministerial agreements of the outgoing Government

What does it mean to work in addiction? Former Deputy Minister of Labor Tito Palma clarifies that this is a person who works at the behest of the employer and is subject to a work schedule, but also to a permanent employment relationship with that employer.

In relation to dependency, we are talking about jobs where a fixed schedule, protection at work and social benefits are determined. “These jobs typically offer stability, regular pay and access to benefits such as health insurance and pensions. In general, the sectors that usually offer this type of modality are public areas, large private companies and international organizations,” says Multitrabajos.

Who receives the thirteenth salary?

In 2022, according to data from the Ministry of Labour, 1,702,689 million employees received their thirteenth salary, while in 2021 this figure was 1,581,097 million.

Until when employers must pay the thirteenth salary

How much do those who have just started working earn?

Labor lawyer Vanessa Velásquez indicates that those who have recently started working formally are also entitled to the thirteenth salary, but it will be a prorated value. This additional salary corresponds to one twelfth of what was achieved from December 1 of the previous year to November 30 of the current year.

For example, Velásquez points out that if a person started working on November 1 and receives a basic salary of $450, he will receive a value of $3.75 as a tithe.

Palma also adds that the payment of the thirteenth salary applies to all contracts. “If I have a fixed-term contract, the thirteenth will be counted according to the time worked, and the same would be the case with a fixed-term contract, which is up to 30 days,” he explains.

This is how the thirteenth salary is calculated in Ecuador

Who does not receive the thirteenth salary?

However, this right to the thirteenth salary does not apply to interns, so it is a disputed issue, Palma points out. “It is a debate that exists, however, I think that it would slightly violate the principle of equality, because all workers must have the right to this compensation, but it is a legal exception”, he explains.

According to experts, a professional who provides his services, as well as those who offer specialized technical services, does not receive a thirteenth salary. “They do not work in a relationship of dependence. Therefore, the professional service of a lawyer, a doctor who performs professional duties does not have the right to thirteen”, says Palma.

However, he says that if the doctor works according to the order of the employer and according to the schedule, that is, if he is employed in a health center, that specialist is entitled to the thirteenth salary.

As an example, he states that in his case, if a person requests his legal services, he will not be entitled to a Christmas bonus, unless he is a lawyer of some institution, bank, etc.

The former vice-president also recalls that the law stipulates that the thirteenth salary can be paid monthly, if the employee has requested it in writing in the first days of January, so the amount to be received will be proportional to the amount of each monthly difference received from the employee. who left it to pile up.