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Art 185 Y 188 Del Codigo De Trabajo Ecuador

When it comes to labor laws in Ecuador, Art 185 and 188 of the Labor Code play a crucial role in protecting the rights and interests of both employees and employers. These articles outline various provisions that govern matters such as working hours, rest periods, and remuneration. Understanding these provisions is essential for employers and employees alike, as they ensure a fair and harmonious work environment.

In this comprehensive blog article, we will delve into the details of Art 185 and 188 of the Labor Code Ecuador. We will explore the key provisions, their implications, and how they impact the workplace. Whether you are an employer seeking to abide by the law or an employee looking to understand your rights, this article will provide you with the necessary insights.

Working Hours and Overtime

Working Hours And Overtime

Art 185 of the Labor Code Ecuador establishes the maximum working hours for employees. It states that the normal working hours should not exceed eight hours per day or forty hours per week. Any work performed beyond these limits is considered overtime. This provision ensures that employees are not overworked and have sufficient time for rest and personal activities.

Furthermore, Art 185 specifies that employers must provide a reasonable daily rest period for employees. This rest period should be at least one hour and should not be counted as part of the working hours. By allowing employees this time to recharge and take care of personal matters, the provision promotes their overall well-being and work-life balance.


The implications of these provisions are significant for both employers and employees. For employers, complying with the maximum working hours and providing rest periods ensures that they are adhering to labor laws and avoiding any legal repercussions. It also promotes a more productive workforce as employees who have sufficient rest and downtime are likely to be more focused and engaged in their work.

Employees, on the other hand, benefit from these provisions as they protect their health and prevent burnout. By limiting the number of working hours, employees have time to pursue personal interests, spend time with family, and maintain a healthy work-life balance. This ultimately leads to increased job satisfaction and overall well-being.

Impact on the Workplace

The impact of these provisions on the workplace is twofold. Firstly, they contribute to a healthier and more balanced work environment. Employees who are not overworked are less likely to experience stress-related illnesses and are more likely to be motivated and engaged in their work. This, in turn, fosters a positive workplace culture and higher employee morale.

Secondly, these provisions promote fairness and equality in the workplace. By setting maximum working hours, employers cannot exploit employees by demanding excessive overtime without proper compensation. This ensures that all employees are treated fairly and have the opportunity to rest and recharge outside of work hours.

Rest Periods and Breaks

Rest Periods And Breaks

Ensuring adequate rest periods and breaks is essential for maintaining employee well-being and productivity. Art 188 of the Labor Code Ecuador stipulates that employees are entitled to a minimum of one hour of uninterrupted rest for every six hours of continuous work. Additionally, employees should have a minimum of twelve hours of rest between two consecutive workdays. These provisions aim to prevent exhaustion and promote a healthy work-life balance.

These rest periods and breaks are crucial for employees to recharge, both physically and mentally, during the workday. By allowing employees a designated time for rest, they can take breaks, eat meals, or engage in activities that help them relax and rejuvenate. This ultimately has a positive impact on their overall performance and well-being.


The implications of these provisions are far-reaching and extend beyond physical well-being. By ensuring that employees have sufficient rest periods and breaks, employers can expect higher levels of productivity and performance. When employees have the opportunity to recharge, they return to work more focused and energized, leading to improved efficiency and quality of work.

Furthermore, these provisions promote a healthy work-life balance, which is crucial for employee satisfaction and retention. Employees who have time for personal activities and rest are more likely to be satisfied with their job and less likely to experience burnout. This, in turn, reduces turnover rates and increases employee loyalty to the organization.

Impact on the Workplace

The impact of these provisions on the workplace is significant. Firstly, they contribute to a more positive work environment where employees feel valued and cared for. By providing rest periods and breaks, employers demonstrate their commitment to employee well-being, fostering a sense of trust and loyalty among the workforce.

Secondly, these provisions promote productivity and efficiency in the workplace. When employees have regular breaks, they can maintain focus and concentration throughout the workday. This leads to better decision-making, reduced errors, and an overall improvement in the quality of work produced.

Remuneration and Wages

Remuneration And Wages

Art 185 and 188 of the Labor Code Ecuador also address the issue of remuneration and wages. These provisions establish the minimum wage that employers must pay to their employees. They also outline regulations regarding overtime pay, holiday pay, and other monetary benefits. By ensuring fair compensation, these provisions protect employees from exploitation and guarantee a decent standard of living.

Minimum Wage

The Labor Code Ecuador sets a minimum wage that employers must pay to their employees. This minimum wage is determined by the government and is periodically adjusted to keep up with inflation and changes in the cost of living. By setting a minimum wage, the provisions ensure that employees are paid a fair and equitable salary that allows them to meet their basic needs.

It is important to note that the minimum wage may vary depending on the industry or region. Employers must be aware of the specific minimum wage applicable to their employees and ensure compliance with these regulations.

Overtime Pay

In addition to the standard working hours, Art 185 and 188 of the Labor Code Ecuador also address the issue of overtime pay. Overtime refers to any work performed beyond the maximum working hours established by the law. Employers are required to pay employees a higher rate for overtime work, usually at a premium of 50% or more of the regular hourly wage.

This provision serves to compensate employees for their additional efforts and incentivize employers to limit overtime work to only when necessary. It ensures that employees are adequately compensated for the extra time and effort they put into their job.

Holiday Pay and Other Benefits

Employees in Ecuador are entitled to holiday pay for public holidays as specified by the law. Employers must provide additional compensation to employees who work on these holidays, usually at a higher rate than regular pay. This provision recognizes the sacrifice employees make by working on holidays and provides them with fair compensation for their time.

Furthermore, the Labor Code Ecuador may also include provisions for other benefits such as bonuses, profit-sharing, or commissions. These additional benefits are designed to reward employees for their performance and provide them with additional financial incentives.