Ecuador

In Ecuador, unjustified absence from work constitutes a breach of the obligations established in Article 45 of the Labor Code. The employer has several options depending on the severity and recurrence of the offense. In the first instance, the employer may withhold the remuneration corresponding to the hours not worked, in accordance with articles 59 and 54 of the Labor Code, which establishes that if the worker without just cause stops working the hours of the ordinary working day, he/she will lose the proportional part of the remuneration. In addition, the Internal Work Regulations may establish progressive disciplinary sanctions that typically include: verbal reprimand, written reprimand, fine, etc. If absences without permission accumulate repeatedly or constitute abandonment of work for more than three consecutive working days without justification, the employer will be entitled to request the termination of the contract by approval, in accordance with numeral 1 of article 172 of the Labor Code. It is recommended that the employer document all absences and communications made to the worker, and that it applies the sanctioning regime established in its Internal Work Regulations.

If it is proven that the certificate is false or was obtained fraudulently, the Internal Labor Regulations, duly approved by the Ministry of Labor, may qualify this action as a very serious offense, which empowers the employer to request approval or impose the corresponding sanction as established therein. Additionally, Article 172 establishes as a ground for termination with cause the “lack of probity or immoral conduct of the worker”, and the employer may pursue this route.

It is important to specify that in Ecuador, showing up to work while intoxicated or under the influence of alcohol is expressly prohibited according to articles 46.c . The Internal Labor Regulations, duly approved by the Ministry of Labor, may qualify this action as a very serious offense, which empowers the employer to request approval or impose the corresponding sanction as established therein. On the other hand, Article 172 establishes as a ground for termination with cause the “lack of probity or immoral conduct of the worker”, and the employer may pursue this route. Regarding the administration of breathalyser tests, there is no express legal prohibition that prevents the Employer from implementing these types of controls, however, in case of applying them, the express consent of the worker is required, especially in order to legitimize the processing of the worker's personal data that is obtained from this test.

It is recommended that the employer obtain the agreement of the workers, preferably in writing.

The improper use of the company's resources and computer systems during the working day may constitute a violation of the worker's obligations. Article 46.f prohibits the worker from using the tools and tools supplied by the employer for purposes other than the work for which they are intended. The Internal Labor Regulations, duly approved by the Ministry of Labor, may qualify this action as an offense, which empowers the employer to apply a proportional sanction.

In events not organized by the employer or not related to the labour relationship, the disciplinary power is limited. However, if the employee's conduct affects the image (e.g. if he/she is wearing the Company's uniform, posting on social networks, being with customers, etc.), reputation or legitimate interests of the company, or if it has a direct impact on the work environment, or people who are part of the world of work, the employer could take action, using its internal work regulations, duly approved by the Ministry of Labor.