The Emergency Special Contract is a contractual modality created and implemented during the COVID19 pandemic as a measure of easy recruitment and reactivation of the economy during that crisis. By judgment 49-20-IN / 25 of February 2025, this type of contract was amended and clarified by the Constitutional Court, which declared several articles unconstitutional, including in part article 19 of the Organic Humanitarian Support Act, which refers to this form of contract. In its decision, the Court stated that this article is partially unconstitutional for accepting and allowing the employment relationship to end at any time, without justification from the employer and without any compensation. In this regard, the Court decided to rescind the employer's failure to pay compensation for early work.
With this change, this Special Emerging Contract remains in force, but with new restrictions that are detailed below:
- It can be renewed for one time, up to one year.
- In the event of an early termination by the employer, the untimely dismissal is improved and the relevant compensation is paid,
- Assure your recruitment in other scenarios where your type of application can be justified by the business spin,
- It can be applied to full or partial days.
It is for the competent body to verify its correct application in order to safeguard the right to work and the rights of workers.
This decision of the Constitutional Court redefines the limits of the Emergency Special Contract in Ecuador and strengthens the protection of labour rights. Its implementation will require greater attention by employers to comply with the existing constitutional framework.
