Certification of Direct Substitutes for Persons with Disabilities in Ecuador: A Step Toward Labor Inclusion and Social Protection

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.