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Rights of foreign migrant workers

Of the object: The purpose of the Agreement is to verify compliance with the rights of foreign migrant workers in the Republic of Ecuador through the registration and control of workers, both in the public sector and in the private sector, so that the labor authority control, can verify compliance with the labor rights of these relationships.

From the scope: The Instructions are mandatory for all employers, both public and private sectors and organizations of the popular and solidary economy, mixed and community, in order to ensure compliance and control of their labor rights in the Ecuadorian territory according to the order legal force in this matter.

From the data of the workers  

The employer must keep a mandatory register of all migrant or foreign workers, compliance that will be verified by the Ministry of Labor through the Regional Labor and Public Service Directorates through the Labor Inspectors, both in random inspections; as well as, focused.

The registry of data concerning foreign workers will contain:

1. Identification of the worker: names and surnames,  

2. Age,  

3. Marital status,  

4. Home address of the worker

5. Worker e-mail

6. Nationality,

7. Country of origin,

8. Passport number or identity document and type of visa  

9. Occupation (position) that will occupy the foreigner, clearly specified and with the detail of functions to perform in the performance of it.

10. Remuneration that the foreign worker will receive.  

11. The term of the contract.

12. Work place, with specificity of the Directorate.

13. Work schedule, specifying the days and days to work.  

Employers must upload the work contract, in the computer platform of the Ministry of Labor, in pdf format, which must also contain the information detailed above.

Registration of migrant or foreign workers in the Ministry of Labor The employer must register the information of migrant or foreign workers under their care, in the computer platform enabled in the institutional website of the Ministry of Labor www.trabajo.gob.ec.

Employers in the public sector, private sector and popular and solidarity economy organizations are granted 30 days to register foreign workers on the Ministry of Labor’s computer platform, which will be counted as of February 20. 2018

Control  

The Ministry of Labor, through the Labor Inspectors of the Regional Labor and Public Service Directorates, within its jurisdiction will carry out random and / or focused inspections to verify compliance with the rights recognized in the Labor Code, the Organic Law of Human Mobility, and other regulations in force, for foreign workers (Derecho Ecuador).We will be glad to provide advice in the areas mentioned. If you require more information, do not hesitate to contact us. here

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