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In January of this year Equal Pay for Men and Women Act The regulation establishes three main definitions to understand its purpose.
One of these concepts is the gender gap in pay, which is the percentage that results in a split between two candidates, i.e. the difference in salary between men and women.
‘He makes $500 more than me for the same effort’: Ecuador law forces employers to pay equally
Others are compensation, the value workers receive, and the criteria for establishing work of equal value: “One worker will be considered to be of equal value to another when the nature of the functions or tasks entrusted to be performed is the same.”
In addition, there are several criteria for establishing this wage equality, as follows:
- Capabilities and qualifications.
- Working conditions.
- effort.
- Responsibility and so on.
The law requires that employers, whether public or private, pay wages equally and even provides for training, which must cover women’s and men’s labor rights, gender equality, the elimination of violence and non-discrimination.
All these aspects must be reported annually by the employer, according to the regulations, Title 9. This reporting must comply with the guidelines for achieving equality.
Sanctions
Article 6 provides that employers, whether public or private, There is an obligation to provide equal pay to workers and not to discriminate on the basis of sex between workers performing the same work or of equal value. Failure to comply will result in sanctions.
Alba Guevara, a professor at the International University of Ecuador (UIDE) Law School, said that this can be found in Article 628 of the Labor Code, which mentions Sanctions are imposed for violations of the Code.
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For example, a labor district supervisor may impose A fine of up to $200, Judges and labour inspectors may impose other 50 USD. “In imposing fines, the circumstances and severity of the offence, as well as the financial capacity of the offender, will be taken into account,” the article states.
For Maria Fernanda Bastidas, professor at the Faculty of Social and Legal Sciences at the University of Yusek, Specific analysis is required Formulate appropriate sanctions.
“If it is an untimely dismissal, the provisions of the law must be followed, and if it is a civil servant, the provisions of the Organic Law of the Public Service (Losep) must be followed,” Bastidas explained.
What is the difference in wages?
According to the National Survey on Employment, Unemployment and Underemployment (Enemdu) conducted by the National Statistics and Census Institute (INEC), Men’s is $485.2, When he noticed female As of July 2024, the price is $394.6. This will generate a The gap is about 18.67%.
Compared to the same period last year, the gap is 18.21%. However, according to the Labor Law, the country’s minimum wage is $460 for a maximum of 40 hours of work per week.
The latest legislation related to this issue mentions that regulations implementing the compliance process must be issued. However, it has not yet been created. (I)
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