On March 17, 2025, Ministerial Agreement MDT-2025-043 was issued, amending Ministerial Agreement No. MDT-2024-041, which established the Regulation Governing the “Visto Bueno” Procedure, in the following terms:
Amendments to the Regulation Governing the “Visto Bueno” Procedure:
1. On Appearance:
Amended Article: The following bolded text was added to Article 4:
“Art. 4 – On Appearance. The parties shall appear at the Visto Bueno procedure either personally or through an authorized representative or attorney, who must prove such capacity by means of an appointment or power of attorney granted by public deed.
Appearance must mandatorily be made with the sponsorship of a defense attorney, duly appointed in the proceedings and/or by judicial power of attorney.”
2. On Documents to Be Attached to the “Visto Bueno” Request:
Previous Article:
“On the documents to be attached to the “Visto Bueno” request. Depending on the applicant’s status, the following documents must be attached: 1) Simple copies of the applicant’s ID card or passport and the professional license of their sponsoring attorney. 2) Copies of the appointment of the legal representative or the power of attorney if acting as the applicant’s representative, and the judicial authorization of their defense attorney, if applicable. 3) Documents considered as evidence. 4) An updated certificate of compliance with employer obligations issued by the Ecuadorian Social Security Institute.”
Amended Article: Article 6 is fully replaced as follows:
“Art. 6 – On Documents to Be Attached to the ‘Visto Bueno’ Request. The documents to be attached to the Visto Bueno request, depending on the applicant’s status, shall be those determined in Article 143, numbers 1, 2, 3, 5, and 7 of the General Organic Code of Procedures. Additionally, an updated certificate of compliance with employer obligations from the Ecuadorian Social Security Institute must be attached when the request is submitted by the employer.”
3. On the Response to the “Visto Bueno”:
Amended Article: The strikethrough text was eliminated and bolded text added in Article 12:
“Art. 12 – On the Response. The response must be made in writing and, where applicable, comply with the formal requirements of Articles 5 and 6 of this Agreement, explicitly addressing the facts referred to in the request, the legal grounds, the evidence presented, and the claim, following the general rules of the General Organic Code of Procedures. The respondent may also raise defenses and present or request necessary evidence; furthermore, they must indicate a domicile, judicial inbox, and/or email address for notifications. The response must be made with the sponsorship of an attorney.
With the response or in default, the Labor Inspector will proceed to investigate the grounds of the Visto Bueno request and the facts presented therein according to the procedure provided in Article 333 of the General Organic Code of Procedures.
The response must be made with the sponsorship of an attorney, as provided in Article 151 of the General Organic Code of Procedures.“
4. On the Investigation and Resolution of the “Visto Bueno”:
Amended Article: The following bolded text was added to Article 13:
“Art. 13 – On the Investigation Hearing and Resolution. Once the term to respond to the Visto Bueno request has expired, the Labor Inspector shall summon the parties to an investigation hearing within three (3) days, setting the date, time, and place.
The investigation hearing will be conducted in two phases: the first for procedural clarification, presentation of preliminary exceptions, definition of the issues in dispute, and conciliation; and the second for evidence presentation and closing arguments.
The investigation will generally be conducted at the offices of the Labor Inspectorate; however, if circumstances warrant, it may be held at the workplace or the location where the events occurred, upon prior notification to the parties.
At the beginning of the hearing, the Labor Inspector shall seek a conciliation between the parties; if successful, a record will be drawn up, concluding the Visto Bueno proceeding. The Inspector may also, exceptionally and with justified reasoning, order ex officio additional proceedings necessary to clarify the contested facts. For this reason, the investigation hearing may be suspended for up to three (3) days.
A record of all actions and statements will be drawn up, signed by the Labor Inspector, the parties, and all participants.
Upon completion of the investigation, the Labor Inspector will issue a resolution within three (3) days, either granting or denying the Visto Bueno request. The decision must be duly reasoned, pursuant to article 76, numeral 7, letter (l) of the Constitution of the Republic of Ecuador.
If the employment relationship was suspended as part of the resolution, the Inspector shall order the payment or return of the consigned amount, according to Article 622 of the Labor Code.”
5. On Appeals Against the “Visto Bueno”:
Amended Article: Article 14 is replaced by the following:
“Art. 14 – On the Appeal. Any party affected by the Labor Inspector’s or Regional Director of Labor and Public Service’s resolution may appeal the decision within three (3) days following notification.
Once the appeal is received, the Labor Inspector shall grant the appeal and forward the case file to the Regional Director of Labor and Public Service, who must resolve and notify the appeal within one (1) month. Either party may request a hearing at this stage.
In the case of an appeal against the Regional Director’s resolution, the case shall be forwarded to the Labor Subsecretary of the Ministry of Labor.
The resolutions issued by the Labor Inspector, the Regional Director, or the Labor Subsecretary do not prevent the parties from going to the Labor Court, where the findings will serve only as advisory reports to be assessed along with the evidence presented in the corresponding proceedings, in accordance with the Labor Code.
Once the appeal is resolved, the complete case file will be returned to the Labor Inspector who handled the first instance to order its execution.”
6. On Appearance:
Amended Article: A Fourth General Provision is added:
“FIFTH. All employers and employees subject to the Labor Code shall be governed by the provisions of this Ministerial Agreement and the applicable labor regulations in relation to Visto Bueno requests.”
For additional information, please contact: laboral@bustamantefabara.com
Prepared by: Dr. Francisco Vacas and Attorney Emilia Montalvo B.