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Activity 5.

2: Employment rights in your country


1-. Chinese government introduced such a wide-ranging law covering all aspects of employer-employee relationship because they want to have higher employment in the country, so that the government look good and also to help people that are the most discriminated to get a job. 2.I think this may damage business interests because they might not want to hire someone with a disability because maybe they prefer to have someone normal. Also it might diminish a business interest maybe the holiday that the government says a employee must have are too much and the company will not like this because they will be paying a worker and not having the amount of effort they want on a worker. 3.Ecuadorian legislation requires that foreign companies who wish to start activities in Ecuador be legally constituted in the country. Labour agreements in Ecuador must be subject to Ecuadorian law. labour contracts must undergo an online approval process with the Ministry of Labour Relations through its webpage. The Ecuadorian Constitution establishes, as a important principle in Labour Law, that in case of doubt on the contract provisions, it would be resolved in the most favourable way to the worker. The employers obligations according to the Ecuadorian Labour Code, Ecuadorian Social Security Law, among others, include: Paying the corresponding salary;

Granting the minimum benefits stated by the Labour Code; Retaining the corresponding tax and social security contribution from the employees salary; Financing a private retirement plan in addition to the public retirement pension, when the employee has worked for the same employer for 25 years; Providing the hired personnel with the required work tools and security equipment (if applicable) to render services; Registering as employer before the Ecuadorian Social Security Institute (IESS); Affiliating employees to the IESS; and Retaining and paying social security contributions. All social benefits paid by the employer are tax deductible.

Two weekly days off As a general rule, for every consecutive five days of work, employees are entitled to enjoy two paid days off. Holidays The Labour Code states that the following days are mandatory holidays: 1 January, Good Friday, 1 May, 24 May, 10 August, 9 October, 2 November, 3 November and 25 December. Annual vacation The employee is entitled to enjoy 15 paid days of vacation per every year worked. After the first five years worked in the company, employees are entitled to enjoy one extra day per year worked with a maximum of 15 extra days. Only these extra days can be denied by the employer, paying the correspondent compensation. Christmas bonus To be paid until 24 December and equivalent to a twelfth

of all wages earned in the year, not including social benefits or bonuses described in this section. School bonus To be paid until 15 April (Coast Region and Galapagos Islands) or 15 August (Highlands and Amazon Regions), equivalent to one minimun legal salary, which is changed every year. The minimum legal salary was set in US$ 292,00 for 2012. Profit sharing The Labour Code states that employees are entitled to participate in the 15 per cent of the employers profits. This benefit must be paid until 15 April, every year. Reserve fund According to the Labour Code, employers are required to deposit in an account, a monthly salary per year worked, from the second year of work for each employee. The total fund would be available to the employee upon retirement. However, a recent governmental decision established that the employer must pay that extra monthly salary on a pro rata basis in the employees normal monthly salary. Minimum wage compensation.If a company has profits, it must assure every employee to receive the amount of US$350.70 per month.

http://latinlawyer.com/reference/topics/62/jurisdictions/32/ecua dor/

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