Quevedo & Ponce - Legal News
Certification of Direct Substitutes for Persons with Disabilities in Ecuador: A Step Toward Labor Inclusion and Social Protection
- September 4th, 2025
- Quevedo & Ponce
The recent Regulation on the certification of direct substitutes for persons with disabilities, issued by the Ministry of Labor and published in the Official Gazette in August 2025, represents a significant normative development in the field of labor rights and social inclusion in Ecuador. Its objective is to regulate the procedure by which family members or legal representatives may be accredited as direct substitutes, thereby guaranteeing the full exercise of the rights of persons with disabilities.
Who may serve as direct substitutes?:
According to the Organic Law on Persons with Disabilities, direct substitutes may include relatives up to the fourth degree of consanguinity and second degree of affinity, the spouse or common-law partner, legal representatives, or attorneys-in-fact. These substitutes assume responsibility for the maintenance and care of a person with a severe, very severe, or complete disability, and may therefore benefit from labor inclusion measures, including compliance with the mandatory 4% hiring quota.
Requirements and procedure:
To obtain certification, applicants must submit documents to the Regional Labor Directorates, including the identity card, a disability certificate issued by the national health authority, and, in certain cases, court judgments or sworn affidavits. The process entails verification by competent officials and the issuance of the certificate through a technological platform managed by the Ministry of Labor. The certification is valid for two years and may be renewed upon fulfillment of the established requirements.
Loss of substitute status:
The regulation also establishes grounds for loss of substitute status, such as the death of the beneficiary or the substitute, the beneficiary’s entry into an employment relationship, the reduction of the degree of disability, or failure to comply with child support obligations. In cases of proven negligence in care, the substitute may be permanently disqualified.
Legal and social impact:
The certification of direct substitutes not only reinforces the protection of priority attention groups but also promotes the labor inclusion of persons with disabilities in both the public and private sectors. In addition, it provides legal certainty to employers in fulfilling their obligations and ensures that fundamental rights are not violated.
At Quevedo & Ponce, we believe that labor inclusion and the care of persons with disabilities begin with providing legal security to families and support to businesses. We have attorneys specialized in the certification of direct substitutes for persons with disabilities, advising both families and companies on compliance with labor regulations; we accompany each procedure with sensitivity and human commitment, guaranteeing legal certainty and respect for rights, because behind each legal process there is a person and a story that deserves protection and care.
Más Artículos
Relationship between Customs (SENAE) and Intellectual Property (SENADI) in Ecuador
Customs and the National Service for Intellectual Rights work together to protect legitimate trade and prevent counterfeiting, smuggling, and piracy. Through the Customs Intellectual Property Registry, trademark, patent, and copyright holders can register their creations to strengthen protection at the border.
Relación entre la Aduana (SENAE) y la Propiedad Intelectual (SENADI) en Ecuador
La Aduana y el Servicio Nacional de Derechos Intelectuales trabajan juntos para proteger el comercio legítimo y prevenir la falsificación, el contrabando y la piratería. A través del Registro Aduanero de Propiedad Intelectual, los titulares de marcas, patentes y derechos de autor pueden inscribir sus creaciones para fortalecer su protección en frontera.
New Law Against Unfair Competition in Ecuador: Key Points and Scope
The new Organic Law on the Regulation Against Unfair Competition aims to ensure a fairer and more transparent Ecuadorian market by sanctioning unfair practices such as deceptive acts, unlawful imitation, unfair comparisons, and the misappropriation of trade secrets.
Nueva Ley contra la Competencia Desleal en Ecuador: Claves y Alcances
La nueva Ley Orgánica de Regulación contra la Competencia Desleal busca garantizar un mercado ecuatoriano más justo y transparente, sancionando prácticas desleales como actos de engaño, imitación indebida, comparaciones injustas y violación de secretos empresariales.
The Appointment of the Legal Representative: A Basis of Corporate Legal Security
The appointment of a legal representative is far more than a formal requirement: it constitutes a strategic basis that ensures legal certainty, transparency, and the continuity of the company. This article examines the essential elements for a valid appointment, the risks associated with non-compliance, and the significance of electronic signatures in the modernization of corporate management.
