Ministerial Agreement No. MDT-2025-006, issued by the Ministry of Labour on 8 January 2025, establishes the Regulation to operationalize the process of fulfilling the obligations set out in the Organic Law on Equal Pay for Women and Men. This regulation is mandatory in both the public and private sectors, with the aim of eliminating wage gaps and ensuring equal pay between women and men in equivalent roles.
The Ministerial Agreement No. MDT-2025-006issued by the Ministry of Labour 8 January 2025, establishes the Regulations to operationalize the process of fulfilling the obligations set out in the Organic Law on Equal Remuneration for Women and Men. This regulation is compulsory implementation in both the public and private sectorswith the aim of eliminating wage gaps and ensuring equal pay between women and men in equivalent roles.
Objectives of the Regulation
The purpose of the regulation is to establish clear and effective mechanisms for the implementation of equal pay in Ecuador. Its main objectives include:
- Ensuring wage equity between women and men in equivalent working conditions.
- Promoting transparency in wage determination within companies and public entities.
- Establish control and sanction mechanisms to prevent and correct unjustified wage inequalities.
- Ensuring training and awareness-raising workers and employers on gender equality.
Key provisions of the Regulation
The regulation introduces a number of mandatory measures to ensure its correct implementation. Among the most relevant are:
1. Salary Equity Guarantee
Public enterprises and institutions should eliminate any kind of gender-based wage discriminationensuring that women and men performing equivalent functions receive the same salary.
2. Compulsory training
A at least 40 hours per year training in gender equality, labour rights and non-discrimination for employees and employers.
3. Awareness-raising in the Working Environment
Companies are obliged to implement awareness-raising actions on gender equality and the value of equitable work, promoting a work environment free from discriminatory bias.
4. Annual reports
Employers must submit a Annual report in January detailing the training and awareness-raising activities carried out in order to demonstrate compliance.
5. Procedure for complaints
A new procedure for handling complaints of wage discrimination. They may be submitted to the Labour Inspector, who shall analyse the situation and determine the corrective actions. In addition, the workers concerned may appeal to the labour judge, who may order the retroactive payment of remuneration and the establishment of a wage in accordance with the principles of equality.
6. Sanctions and Compliance Certification
Failure to comply with the provisions of the Regulation may result in penalties for employers. However, those undertakings which correctly implement the measures laid down may have access to a certification of compliance, which will strengthen its reputation and commitment to labour equity.
Impact of the Regulation on the Business and Labour Sector
For Companies:
The need to review and adjust wage structures to comply with the regulations. —- Documented justification for any wage difference based on objective criteria.
Possibility of dealing with inspections and sanctions in case of non-compliance.
Implementation of internal mechanisms to prevent wage discrimination.
For Workers:
✔ It guarantees the right to receive a fair remuneration without distinction of gender.
✔ Fosters a more working environment inclusive and equitable.
✔ Effective mechanisms of complaint and correction pay inequalities.
✔ Possible recognition and retroactive payment in cases of established discrimination.
Conclusion
The Regulations on Equal Pay for Women and Men represent a significant progress in the fight against gender discrimination in the field of work in Ecuador. Its proper implementation will not only ensure regulatory compliance, but also contribute to the creation of a fairer and more equitable working environments.
To ensure compliance with this legislation and to avoid sanctions, it is essential that both employers and workers are aware of their rights and responsibilities.
