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在厄瓜多爾聘僱
When negotiating terms of an employment contract and offer letter with an employee in Ecuador, it may be useful to keep the following in mind.
Employment contracts in Ecuador
In Ecuador, most employment contracts must be in writing and contain certain information. It’s best practice to put a strong, written contract in place, in Spanish, which spells out the terms of the employee’s compensation, benefits, and termination requirements. An offer letter and employment contract in Ecuador should always state the salary and any compensation amounts in dollars rather than another currency.
Working hours in Ecuador
The regular workweek is 40 hours, and the regular working day is 8 hours.
厄瓜多假期
Ecuador celebrates several public holidays for which employees are given the day off, including:
- 元旦
- 狂歡節
- 耶穌受難日
- 勞動節
- 比奇尼查戰役
- 獨立日
- 瓜亞基爾的獨立性
- 靈魂節
- Cuenca 的獨立性
- 聖誕節
Keep in mind that there may also be local mandatory holidays depending on the location of the employee.
Vacation days in Ecuador
Employees are entitled to 15 days of paid vacation leave per year. After 5 years of employment, employees are entitled to 1 additional vacation day for each year, up to a maximum of 15 additional days.
Ecuador sick leave
The first 3 days of illness are paid by the employer and, from then on, the Social Security Institute pays a subsidy to the employee. For purposes of access to the disability benefit covered by Social Security, a medical certificate must be endorsed by an IESS medical dispensary.
Maternity/paternity leave in Ecuador
預期員工有權享有 12 週有薪產假。 An additional unpaid leave can also be granted for 15 additional months following the paid maternity leave.
父親有權享受 10 天的帶薪休假。 In the event of multiple births or birth by c-section, the leave shall be extended by 5 additional days.
Health insurance in Ecuador
Ecuador has a universal healthcare system, with free healthcare and treatment available for all locals regardless of income and status.
Ecuador supplementary benefits
常見的福利包括：
- 假期獎金
- 遠程辦公
- 交通津貼
- 遠距工作津貼
- 電話津貼
- 保險津貼
Termination/severance in Ecuador
Probationary periods are generally permitted in employment contracts in Ecuador and may last up to 90 days. During the probationary period, either party may terminate the contract without severance.
In Ecuador, termination of employment is complex. An employment contract may be terminated for any of the following reasons:
- Termination of the period or conclusion of the work
- Agreement of the parties
- Reasons beyond the control of the parties (force majeure, death)
- 辭職
- Termination with cause (visto bueno)
- Termination without cause (often referred to as sudden dismissal)
In Ecuador, the concept of advance notice of termination by the employer does not exist. If an employer terminates the employment without cause (which is considered a wrongful dismissal or a sudden termination) or for cause but does not follow the required process, the employee is entitled to a severance payment.
Severance pay is equal to 1 month’s salary for each year of service (or a part thereof), but no less than 3 months (or more than 25 months) of pay. Employers must pay an additional severance equal to 25% of the last salary earned multiplied by the years of service.
Termination with cause requires employers to follow a specific procedure including notification and approval from the labor inspector. If the labor inspector concludes that the termination is justified, the employment may be terminated, and the employee is entitled to pay until the date of resolution by the labor inspector.
Paying taxes in Ecuador
Ecuador uses a pay-as-you-earn (PAYE) system for all income taxes. Employers are responsible for withholding the right amount from each employee’s pay every month based on their salary. Companies also need to report the employee’s taxes and deductions on a 107 Form at the end of each year.
Both employees and employers contribute to social security every month. 員工佔總薪資的 9.45%，雇主必須提供 12.15%。 However, after the professional completes 1 year of employment, employers have to contribute to the “reserved fund” (fondo de reserva) on a monthly basis, which is an additional 8.33%.
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