New Labor Rights under the Organic Law on Persons with Disabilities

The Organic Law on Persons with Disabilities, published on July 3, 2025, repeals the previous 2012 regulation and establishes a new legal framework aimed at reinforcing inclusion, stability, and labor equity for persons with disabilities in Ecuador.

Among the key changes, the obligation for employers with 25 or more employees to hire at least 4% of persons with disabilities is maintained, while promoting equitable territorial distribution, gender equity, and diversity of conditions. These individuals must be hired for full-time positions, except in cases where a medical certificate justifies part-time work. The right to telework is recognized for those pursuing postgraduate (fourth-level) studies.

The percentage of substitutes allowed within the inclusion quota is reduced to 25%, and rights such as a special indemnity equivalent to 18 months’ salary in the case of unjustified dismissal, voluntary reinstatement, medical leave for treatment and rehabilitation, and a three-month extension of maternity leave when a child is born with a disability are all reaffirmed. Caregivers’ rights are also strengthened, including a two-hour daily leave, and the transfer of medical leave to substitutes is allowed when necessary.

Failure to comply with these obligations may result in monetary fines or suspension of activities. Additionally, the law extends its protection to relatives, substitutes, and caregivers, clearly defining who may be considered as such, and excluding those who owe child support or receive government benefits for the person with a disability.

The law also introduces the figures of “substitute by human solidarity” and “certified caregiver” (recognized by the Ministry of Labor), consolidating a comprehensive approach to protecting and supporting persons with disabilities across all areas.

At Quevedo & Ponce, we have attorneys who are experts in labor regulations and the rights of persons with disabilities, offering specialized legal counsel in regulatory compliance, representation of persons with disabilities and their families, rights advocacy, and comprehensive support for employers and both public and private institutions.