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  • 1.

    What are the main statutes and regulations relating to employment?

  • 2.

    Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?

  • 3.

    What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?

  • 4.

    Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?

  • 5.

    What are their powers?

  • 6.

    Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?

  • 7.

    Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?

  • 8.

    Are there any restrictions or prohibitions against drug and alcohol testing of applicants?

  • 9.

    Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?

  • 10.

    Must there be a written employment contract? If yes, what essential terms are required to be evidenced in writing?

  • 11.

    To what extent are fixed-term employment contracts permissible?

  • 12.

    What is the maximum probationary period permitted by law?

  • 13.

    What are the primary factors that distinguish an independent contractor from an employee?

  • 14.

    Is there any legislation governing temporary staffing through recruitment agencies?

  • 15.

    Are there any numerical limitations on short-term visas? Are visas available for employees transferring from one corporate entity in one jurisdiction to a related entity in another jurisdiction?

  • 16.

    Are spouses of authorised workers entitled to work?

  • 17.

    What are the rules for employing foreign workers and what are the sanctions for employing a foreign worker that does not have a right to work in the jurisdiction?

  • 18.

    Is a labour market test required as a precursor to a short- or long-term visa?

  • 19.

    Are there any restrictions or limitations on working hours and may an employee opt out of such restrictions or limitations?

  • 20.

    What categories of workers are entitled to overtime pay and how is it calculated?

  • 21.

    Can employees contractually waive the right to overtime pay?

  • 22.

    Is there any legislation establishing the right to annual vacation and holidays?

  • 23.

    Is there any legislation establishing the right to sick leave or sick pay?

  • 24.

    In what circumstances may an employee take a leave of absence? What is the maximum duration of such leave and does an employee receive pay during the leave?

  • 25.

    What employee benefits are prescribed by law?

  • 26.

    Are there any special rules relating to part-time or fixed-term employees?

  • 27.

    Must employers publish information on pay or other details about employees or the general workforce?

  • 28.

    To what extent are post-termination covenants not to compete, solicit or deal valid and enforceable?

  • 29.

    Must an employer continue to pay the former employee while they are subject to post-employment restrictive covenants?

  • 30.

    In which circumstances may an employer be held liable for the acts or conduct of its employees?

  • 31.

    What employment-related taxes are prescribed by law?

  • 32.

    Is there any legislation addressing the parties’ rights with respect to employee inventions?

  • 33.

    Is there any legislation protecting trade secrets and other confidential business information?

  • 34.

    Is there any legislation protecting employee privacy or personnel data? If so, what are an employer’s obligations under the legislation?

  • 35.

    Is there any legislation to protect employees in the event of a business transfer?

  • 36.

    May an employer dismiss an employee for any reason or must there be ‘cause’? How is cause defined under the applicable statute or regulation?

  • 37.

    Must notice of termination be given prior to dismissal? May an employer provide pay in lieu of notice?

  • 38.

    In which circumstances may an employer dismiss an employee without notice or payment in lieu of notice?

  • 39.

    Is there any legislation establishing the right to severance pay upon termination of employment? How is severance pay calculated?

  • 40.

    Are there any procedural requirements for dismissing an employee?

  • 41.

    In what circumstances are employees protected from dismissal?

  • 42.

    Are there special rules for mass terminations or collective dismissals?

  • 43.

    Are class or collective actions allowed or may employees only assert labour and employment claims on an individual basis?

  • 44.

    Does the law in your jurisdiction allow employers to impose a mandatory retirement age? If so, at what age and under what limitations?

  • 45.

    May the parties agree to private arbitration of employment disputes?

  • 46.

    May an employee agree to waive statutory and contractual rights to potential employment claims?

  • 47.

    What are the limitation periods for bringing employment claims?

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Bustamante & Bustamante is a law firm of national and international standing with one of the most reputable legal practices in Ecuador. Due to our reputation for integrity, professionalism and superior service, we have been able to advise national and multinational corporations, financial institutions and governmental organisations from countries, such as the United States, China, England, Canada and Italy for 60 years now.

View more information about Bustamante & Bustamante Law Firm



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