On July 3, 2025, the Organic Law on People with Disabilities was published in the Fourth Supplement No. 73 – Official Register, which represents a comprehensive reform of the existing regulations, aimed at guaranteeing fundamental rights and promoting the full inclusion of persons with disabilities in society.

Key reforms of the new law in the labor field.

The levels of disability severity established by the Ministry of Public Health of Ecuador range from none to severe disability, which are detailed below for better understanding in the bulletin.

Disability severity levels:

• No disability – 0 to 4%
• Mild or light disability – 5 to 24%
• Moderate disability – 25 to 49%
• Severe disability – 50 to 74%
• Very severe disability – 75 to 95%
• Complete disability – 96 to 100%
• Severe disability – Persons with intellectual, psychosocial, and multiple disabilities: with severe, very severe, or complete level, and persons with physical, auditory, visual, and language disabilities: with very severe or complete level.

1. Persons covered by the Law (Art. 5):

• Persons with disabilities who are in Ecuador or Ecuadorians abroad.
• Persons in the capacity of direct substitutes.
• Persons in the capacity of substitutes by human solidarity.
• Persons in the capacity of caregivers.
• Public and private non-profit legal entities dedicated to the care and assistance of persons with disabilities, accredited by the competent authority.

2. Person in the capacity of direct substitute (Art. 7):

• A direct substitute is considered a relative up to the fourth degree of consanguinity and second of affinity, spouse, partner in a de facto union, representative, or legal proxy, or anyone responsible for the maintenance or care of a person with severe, very severe, or complete disability, in accordance with regulations issued for this purpose by the labor authority. This benefit cannot be transferred to more than one person per person with a disability.
• Parents or guardians of children or adolescents with disabilities will also be considered direct substitutes, regardless of the type or percentage of disability.
• Those who owe alimony or receive a state financial benefit will not benefit.

3. Person in the capacity of substitute by human solidarity (Art. 8):

• A person is considered a substitute by human solidarity if they are responsible for the care of a person with severe, very severe, or complete disability, who is not within the degrees of consanguinity or affinity, and does not have a family reference.

4. Person in the capacity of caregiver (Art. 9):

• A person in the capacity of caregiver is considered the mother, father, legal representative, or guardian authorized to care for a person with severe, very severe, or complete disability. This person assumes the responsibility for care, providing support or assistance with daily activities.
• If the person with a disability does not have a family reference (mother, father, legal representative, or guardian) and is abandoned, the authority in charge of economic and social inclusion will be responsible for their welfare.

5. Postgraduate studies and continuous training (Art. 41):

• Telework Access: Persons with disabilities who are pursuing postgraduate studies and working in a public or private institution have the right to opt for telework
• The article grants a 25% discount on the cost of continuing education courses and certifications by competencies for the person with a disability.

6. Right to Work (Art. 50):

• Equality guarantee: The article establishes that persons with disabilities have the right to paid employment under equal conditions.
• Prohibition of discrimination: Labor practices, from application to compensation, must be inclusive, respecting the rights of persons with disabilities.
• Technical assistance: Employers can receive support from associations, foundations, federations, and national fronts that provide assistance or support to persons with disabilities to ensure and guarantee effective labor inclusion.

7. Labor Policies (Art. 51):

• The labor authority, in coordination with the National Council for Disability Equality, must formulate labor policies on:
  • Effective labor integration and inclusion.
  • Employment training.
  • Professional readaptation and occupational reorientation.
  • Labor orientation services, promotion of employment opportunities, facilitation of performance, placement, and job retention.
  • In workplaces, reasonable adjustments will be implemented to protect the health, well-being, and integrity of persons with disabilities, avoiding any type of abuse.

8. Mandatory Labor Inclusion (Art. 52):

• 4% Quota: Companies with at least 25 employees must hire persons with disabilities, and no job offer may exclude or restrict access based on a specific disability.
• Employers must allocate job positions respecting the principle of diversity of disabilities, ensuring that no job offer excludes persons with disabilities. The labor inclusion percentage will be equitably distributed among provinces for national employers and among cantons for provincial employers.
• In security and private surveillance companies, substitutes may be considered for operational functions and will be part of the inclusion quota. However, persons with disabilities will only be considered for administrative functions due to the physical risks involved in performing operational tasks.
• The work assigned to a person with a disability must be full-time or mutually agreed with the employer.
  • Exceptionally, a person with a disability may be hired part-time if their physical condition prevents them from working long periods, making them unable to meet a full workday.
  • Employers who hire persons with disabilities under this exceptional mode must request a medical certificate confirming the physical limitation of the person, demonstrating that they cannot work extended hours, i.e., more than eight hours daily.
• If the employer provides transportation for workers, the transport units must be accessible for persons with disabilities. Additionally, other social benefits may be granted as established in the law’s regulations.
• For calculating the labor inclusion percentage, contracts not established by law as stable or permanent in nature will be excluded
• For pre-professional internships and internships, persons with disabilities who are finishing their higher education studies will be given preferential consideration.

9. Hiring of persons in the capacity of substitutes (Art. 53):

• Employers cannot hire more than twenty-five percent (25%) of the total percentage set as the minimum quota to be met by the company.
• This benefit cannot be transferred to more than one person per person with a disability.

10. Tax Deduction for Labor Inclusion (Art. 54):

• Tax incentive: Employers can deduct 150% of the taxable income for income tax, concerning the salaries and social benefits they contribute to the Ecuadorian Social Security Institute for employees with disabilities, substitutes, and workers with a spouse, partner in a de facto union, or child with a disability who are under their care, provided that these workers are not part of the mandatory 4% quota.
• Special employment centers: The creation of centers employing at least 80% persons with disabilities is encouraged, offering additional tax benefits.

11. Selection Mechanisms (Art. 55):

• Adapted labor requirements: Employers must adapt their selection processes to facilitate the participation of persons with disabilities, respecting the different types of disabilities.

12. Labor Stability (Art. 56):

• Protection against dismissals: Persons with disabilities enjoy special job stability. In case of unjustified dismissal, the employer must compensate with 18 months of the best salary, and in addition to the corresponding compensation, immediate reintegration is mandatory if the worker desires it.
• Persons who acquire a disability during their working life, either due to an unforeseen event or an illness, have the right to rehabilitation, readaptation, training, relocation, or reintegration.
• In case of job elimination or voluntary resignation with compensation, persons with disabilities or those caring for a relative with a disability will not be taken into account. Job stability also applies to occasional contracts in public entities that have lasted for more than one year.

13. Right to Leave, Treatment, and Rehabilitation (Art. 57):

• Labor flexibility: Persons with disabilities have the right to leave for treatment and rehabilitation according to medical prescription, without affecting their employment relationship.
• Maternity leave will be extended by three additional months in the case of the birth of children with disabilities or severe congenital conditions.
• It is prohibited to reduce the remuneration of the worker with a disability or the substitute for any circumstance related to their condition.
• Workers with an eight-hour workday who care for persons with severe disabilities will have the right to two hours per day for care, supported by a human resources report.

14. Leave for Persons in the Capacity of Substitutes or Caregivers (Art. 58):

• Right to labor leave: Public servants and private employees with an eight-hour workday have the right to two hours per day to care for persons with severe, very severe, or complete disabilities, with prior certification and a report from the human resources or talent management unit.
• Transferable medical leave: The medical leave granted to a child or adolescent with a disability can be used by the person in the capacity of a substitute who is in charge of them.
• This benefit cannot be transferred to more than one person per person with a disability.

15. Monitoring and Control of Labor Inclusion (Art. 59):

• The labor authority will be responsible for monitoring and controlling the labor inclusion of persons with disabilities, verifying compliance with the quota and labor conditions. It will also inspect the necessary workplace adjustments and ensure the implementation of universal design. Additionally, it will work with the authority responsible for economic and social inclusion to evaluate the care and maintenance of persons under the charge of substitutes, periodically reporting to the National Council for Disability Equality on the progress.

16. Social Security (Art. 100):

• It establishes that social security is an inalienable right. The State is responsible for guaranteeing and making this right effective for persons with disabilities who require permanent attention and for those who care for them.

17. Voluntary affiliation with the Ecuadorian Social Security Institute (IESS) (Art. 101):

• It guarantees that persons with disabilities will have access to voluntary affiliation, with the same services and benefits as general voluntary affiliation, without requiring a medical examination.

18. Permanent or absolute disability pension (Art. 102):

• Affiliated persons who suffer from permanent or absolute disability will have the right to a disability pension without needing to meet minimum contribution requirements. The pension will be calculated based on the maximum and periodic adjustments established by IESS.

19. Special retirement for disability (Art. 103):

• Persons with disabilities affiliated with IESS who prove 300 contributions, without an age limit, will have the right to a pension of 68.75% of the average of the best five years’ salaries. For persons with intellectual disabilities, 240 contributions are required.
• Public employees with disabilities who retire will receive, once, 5 unified basic salaries for each year of service, up to a maximum of 150 unified basic salaries.
• If the retired person returns to work under an employment relationship, they may improve their pension if they make at least 12 contributions after rejoining.

20. Severe Infractions (Art. 128):

A financial penalty of 11 to 15 unified basic salaries or suspension of activities for up to thirty days will be imposed for the following infractions:

(…)

(3) Preventing access to work or failing to meet the labor inclusion percentage set in this law.

(…)

(12) Preventing the fulfillment of the right to maternity or paternity, or the leave for treatment and rehabilitation of persons with disabilities, or for caring for persons with disabilities, both in the public and private sectors.

(13) Other infractions defined by the law.

21. Concurrence of infractions (Art. 129): In case of multiple infractions, the penalty corresponding to the most serious infraction will be applied. If all are equally serious, the maximum penalty will apply.

22. Prescription (Art. 130): The action to sanction infractions expires 180 days after the infraction is committed.

23. Repeal Provisions:

• First: The Organic Law on Disabilities published in Official Register Supplement No. 796 on September 25, 2012, and all its subsequent reforms are repealed.
• Second: Other general and special provisions contrary to the Organic Law on Persons with Disabilities are repealed.

24. Final Provision:

• Only Provision: This Law will come into effect from its publication in the Official Register.

For additional information, please contact the email laboral@bustamantefabara.com.

Prepared by: Dr. Francisco Vacas; and, Attorney Emilia Montalvo B.