Ministry of Labor issues guidelines for the registration of equality plans

I. SCOPE OF APPLICATION:

The registration of the equality plan is mandatory for employers with 50 or more employees on their payroll.

II. EQUALITY PLAN:

The purpose of the equality plan is to achieve equal treatment and opportunities between men and women within a company. Likewise, it seeks the elimination of all types of discrimination based on gender.

Content: Companies should carry out a diagnosis of the inequality situation. Subsequently, they must draw up an equality plan in accordance with the provisions of Art. 8 of the General Regulations to the Organic Law to Promote the Violet Economy.

The equality plan must also include the creation of the Specialized Committee, or the person designated to monitor and periodically review the Equality Plan.

Validity: They shall be valid for 4 years from the date of registration with the Ministry of Labor. Once the plan expires, the employer will be obliged to carry out a new diagnosis and a new equality plan.

The employer shall have the obligation to disseminate and socialize the equality plan to all its personnel.

Updating: The employer may update the plan at any time. However, there are mandatory updating grounds:

1. When there is a process of change of corporate name, merger, spin-off, transformation, dissolution, and voluntary liquidation that imply an increase or decrease of workers to the minimum number required by the Regulations.

2. When the number of workers increases or decreases to the minimum required in the Regulation.

3. When there is a resolution of sanction for complaints, favorable resolutions in good notices or lawsuits for labor harassment, sexual harassment, discrimination, or violence against women.

Penalty: If the employer fails to register the equality plan, it will be sanctioned with a fine of USD. 200.

III. IMPORTANT CONSIDERATIONS:

– Employers with less than 50 employees may voluntarily carry out the diagnosis and register the equality plan.
– Equality plans will be received as of January 20, 2024.
– The registration of the equality plan must be made with the Ministry of Labor by July 31, 2024.

For more information, advice and elaboration of equality plans, please write to danielfs@heka.com.ec.