ORGANIC LAW FOR SALARY EQUALITY BETWEEN WOMEN AND MEN
On January 22, 2024, the Organic Law for Salary Equality between Women and Men was published in the Official Gazette.
Here is what you need to know:
- The main criteria for establishing that a job will be considered of equal value to another are equality in: (a) skills and qualifications; (b) working conditions; (c) effort; and (d) responsibility.
- New obligations for employers:
- Mandatory and continuous training related to the labor rights of men and women, gender equality, eradication of violence, and non-discrimination in the workplace, among others.
- Develop actions aimed at raising awareness and visibility of the value of work performed without discrimination between men and women.
- Report annually on actions and compliance with guidelines to achieve pay equality.
- New obligations that the Ministry of Labor must implement within the next 60 days:
- Issue a certificate of compliance with salary equality.
- Establish procedures for receiving claims or complaints from workers whose rights have been violated.
- Establish procedures to sanctions the non-compliant employers.
- In the event of verification of the violation of the right to pay equality, the employer will pay the worker the corresponding difference in remuneration, retroactively, and establish the new remuneration on an equal basis.
- The Ombudsman of Ecuador will implement processes of observation, monitoring, and defense of the Law.
- Declare September 18th as the “Day of Equal payment ” in Ecuador.
This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.