On February 27, 2026, the Ministry of Labor issued Ministerial Agreement No.MDT-2026-059, published in the Official Gazette, Fourth Supplement No. 240, on March 10, 2026. This agreement regulates the authorization procedure for special work shifts or schedules, as well as a new modality called the efficient workday for development.

Ministerial Agreement MDT-2026-059 establishes the following relevant aspects:

1. Special work shifts

Work shifts are considered special (and require authorization from the Ministry) when:

a. Work exceeds five (5) consecutive days and includes additional days or accumulated rest days beyond those established under the ordinary work schedule.

b. Work is performed for fewer than five (5) consecutive days,  with rest periods of less than two  (2) consecutive days.

Special shifts are justified when the activity cannot be interrupted (for technical reasons or public interest) or when operations require continuity. If schedules do not meet these conditions, they do not require authorization, but only a written agreement between employer and employee.

1.1 Registration of employee consent in the Ministry of Labor’s information system

The information reflecting the consent signed between the employer and the employees must be registered in the information system designated by the Ministry of Labor for this purpose within thirty (30) days from the signing of the employment contract or amendment..

2. Special schedules

Schedules require authorization when they involve:

a. Rotating schedules;
b. Day, night, or mixed shifts;
c. Continuous or discontinuous working days.

If the schedule corresponds to a standard eight (8) hour non-rotating workday, an agreement between the parties will suffice.

Overtime or supplementary hours may also be worked, provided the limits established in the Labor Code are respected.

Note: Special shifts or schedules established in collective bargaining agreements or settlement agreements will remain unchanged.

3. Priority for the hiring of young workers

The agreement promotes youth employment (ages 18–29):

• The Ministry will give priority to applications submitted by companies that create new positions for young workers.
• These hires must be carried out through the “Encuentra Empleo” platform.

Additionally, priority will be given to companies whose workforce includes at least 15% of employees between 18 and 29 years of age.

4. Procedure to request authorization

The employer must submit:
a. A formal request to the Regional Director of Labor explaining the need for the special shift.
b. The consent of the workers who will participate in the shift. This requirement will not apply if the shifts are already approved in the Internal Work Regulations.
c. Employer identification documents (tax ID or national ID).
d. A certificate of compliance with the Ecuadorian Social Security Institute (IESS).
e. Evidence of youth hiring, where applicable.
If the application submitted to the Ministry of Labor lacks documentation, the employer will have five (5) days to complete it. The Ministry then has ten (10) days to issue a resolution; if it does not respond within this period, the request will be automatically approved.

5. New modality: Efficient workday for development

The regulation introduces the possibility of distributing the forty (40) weekly working hours into daily working days that may not exceed ten (10) hours per day, distributed dynamically and efficiently within the five (5) days of the workweek, in accordance with the law.

5.1 Hour-tracking system and registration of the agreement related to the efficient workday

• The agreed schedule and system must be expressly included in the employment contract or in an amendment.
• The employer and the employee may implement a system for calculating the hours effectively worked in order to manage and compensate working time.
• In no case may the forty (40) weekly hours be exceeded.

6. Oversight by the Ministry of Labor

The Ministry of Labor is responsible for supervising the implementation of these workday and special schedule systems. To this end, it will conduct labor inspections and prepare semiannual reports to evaluate how these mechanisms are being used by companies.

7. Special provisions

Existing special schedules: Special schedules previously authorized by the Ministry of Labor remain valid.

Medical technologists (radiology): They may work a maximum of six (6) hours per day with radiation exposure, up to thirty (30) hours per week, plus two (2) additional hours for administrative activities.

Drivers: Due to the nature of their work, they may have a maximum workday of twelve (12) hours.

8. Final provisions

Employers who, at the time this agreement entered into force, had hired young workers for special shifts or schedules must regularize those hires within thirty (30) days from the signing of the contract or agreement through the “Encuentra Empleo” platform.

The new agreement entered into force upon its publication in the Official Gazette (March 10, 2026), repeals Ministerial Agreement MDT-2018-0219, and renders its recent amendment void.

For further information, please contact: laboral@bustamantefabara.com

Prepared by:
Dr. Francisco Vacas and Atty. Daniela Dávila