On June 20, 2025, the “Organic Reform Law to Various Legal Bodies to Guarantee the Labor Rights of Persons with Disabilities, Rare Diseases, Orphans, Catastrophic and High Complexity Conditions, and Their Substitutes” was published in the Fifth Supplement No. 64 of the Official Register. This legal reform incorporates significant labor guarantees for these groups, introducing changes in various regulations.
In the Organic Public Service Law (LOSEP), the job stability of these individuals is reinforced, harassment related to health conditions is penalized, paid medical leave is granted without affecting other rights, and these groups are excluded from the occasional hiring limit. The Organic Law of Public Enterprises mandates that at least 4% of the workforce must belong to these groups. The Organic Code of the Judicial Function updates its normative references to align with LOSEP. The Organic Law of Foreign Service allows termination due to permanent disability with backing from the social security system and guarantees strengthened job stability. Lastly, the COOTAD confirms that decentralized autonomous governments must manage their human resources in accordance with the provisions of LOSEP.
Reforms to the Labor Code:
1. Art. 10: Adds two new items to Article 42:
a. (37) Employer’s obligation to make reasonable adjustments such as teleworking, reduced working hours, flexible schedules, or modifying the physical environment for employees with rare diseases, orphan status, catastrophic, and high complexity conditions so they can perform their duties in a medically healthy environment;
b. (38) Obligation to register all cases of rare diseases, orphan status, catastrophic, and high complexity conditions diagnosed with the Ministry of Labor and the IESS, ensuring confidentiality and protection of medical information.
2. Art. 11: Creates Article 152.4, stating: Employers who hire or maintain employees diagnosed with rare diseases, orphan status, catastrophic, and high complexity conditions in their positions will be recognized with certificates of good labor practices from the Ministry of Labor. These certificates can be used in their marketing campaigns and corporate social responsibility efforts, improving their corporate image and reputation with clients, partners, and the community.
3. TRANSITIONAL PROVISION. UNIQUE. – The Ministry of Labor and the Ministry of Public Health, within a maximum period of 90 days from the publication of this Law in the Official Register, must issue the specific regulations necessary for the Law.
These reforms take effect from their publication in the Official Register.
For additional information, please contact the email address laboral@bustamantefabara.com.
Prepared by: Dr. Francisco Vacas; and, Attorney Emilia Montalvo B.