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LEGAL BULLETIN JUNE 2018


PRESIDENCY OF THE REPUBLIC

Executive Decree No.397 General Regulation of the Comprehensive Organic Law to Prevent and Eradicate Violence against Women aimed at defining the procedures for the prevention, care, protection and reparation of women victims of violence. In case of doubt regarding the application of provisions of the Law and of the protection measures, these will always be interpreted in the most favorable sense to the restitution of the rights of the victim.

Source: Official Registry 254, Supplement 1, June 4, 2018.

Executive Decree No.399 Ministry of Energy and Non-Renewable Natural Resources. The following institutions are merged by absorption to the Ministry of Hydrocarbons: Ministry of Electricity and Renewable Energy, Ministry of Mining and the Hydrocarbons Secretariat. Creating the Ministry of Energy and Non-Renewable Natural Resources.

Source: Official Registry 255, Supplement 1, June 5, 2018.

NATIONAL ASSEMBLY

The Law Reform of the Social Security adds that, for purposes of this law, the head of the family is understood as the main economic support of the household.

In addition, it establishes as invalidity or old age pension, the amount not less than one hundred dollars (USD 100), applying this provision retroactively from January 1, 2018.

Source: Official Registry 264, Supplement 1, June 18, 2018.

MINISTRY OF LABOR

Ministerial Agreement No. MDT-2018-0106 Instructions in case of profits not collected by the worker or ex worker regulates the collection and takings of securities generated by the non-collection of profits to which workers and former workers are entitled, its application is mandatory for all employers in the private sector, who have the obligation to exhaust all efforts to deliver this benefit directly.

Once all the legal means foreseen for this purpose have been completed, the employer will allocate and deposit the corresponding value in an account that will be assigned for said purpose by the National Financial System, within a maximum term of thirty (30) days counted from the date in that the payment had to be made. Sanctions will be applied to the employer in case of non-compliance with this regulation, which is applicable for fiscal years after 2015.

Source: Official Registry 255, Supplement 1, June 5, 2018.

Ministerial Agreement No. MDT-2018-0096 Standard that regulates the special contractual modality for the agricultural sector regulates the labor relations between the employers of the agricultural sector and the personnel hired under a dependency relationship for carrying out the activities of their activity, observing the principle of primacy of reality and the custom performed in that sector. Workers who perform purely administrative activities are exempt from this.

The modality of "Special Work Contract for Partial Work Activity for the Agricultural sector" is created, which cannot be less than one hundred and eighty (180) discontinuous days in the period of three hundred and sixty (360) days.

Source: Official Registry 258, Supplement 1, June 8, 2018.

Ministerial Agreement No. MDT-2018-0097 Standard that regulates the special contractual modality for the livestock sector regulates labor relations between employers in the livestock sector and personnel hired under a dependency relationship to carry out activities related to their activity, observing the principle of primacy of reality and the custom performed in that sector. Workers who perform purely administrative activities are exempt from this.

The modality of "Special Labor Contract for Partial Work for the Agricultural Sector" is created, which by its nature is indefinite and may have a trial period of 90 days.

Source: Official Registry 258, Supplement 1, June 8, 2018.

Ministerial Agreement No. MDT-2018-0118 Norms that regulate the calculation of Employer Retirement all the people who hold the quality of ex-employers have as obligation to make the payment of the monthly jubilee pension in the cases that foresees the article 216 of the Labor Code, the payment of the global fund will be made exclusively in case of agreement between the parties.

The Ministry of Labor will provide technical assistance to perform the calculation of the value of the retirement pension, the determined values are referential for the parties; who, in case of discrepancies, can go to the ordinary justice for its resolution.

Source: Official Registry 263, Supplement 1, June 15, 2018.

Ministerial Agreement No. MDT-2018-0135 Permanent Part-Time Work Contracts regulates compliance with the number of strictly defined hours, which may not exceed 36 hours per week and 160 hours per month, in case of violating said regulations, it shall be understood that the Employment contract is full time and not part time.

Source: Official Registry 265, Supplement 1, June 19, 2018.

MINISTRY OF HEALTH
NATIONAL AGENCY FOR REGULATION, CONTROL AND HEALTH SURVEILLANCE

Resolution No. ARCSA-DE-008-2018-JCGO Substitute Good Manufacturing Practice BPM (acronym in Spanish) Sanitary Technical Regulation for Pharmaceutical Laboratories establishes the requirements and guidelines under which the certificate of Good Manufacturing Practices will be awarded to national and foreign pharmaceutical laboratories that they request the sanitary registration in Ecuador, being its fulfillment of obligatory character.

Source: Official Registry 257, Supplement 1, June 7, 2018.

NATIONAL CUSTOMS SERVICE OF ECUADOR

Resolution No. SENAE-SENAE-2018-0081-RE General Requirements for the importation of goods with tax exemption for the use of people with disabilities is established as one of the main requirements to access this exemption, the current disability certificate; in addition to compliance with the procedure to be followed to request the exemption percentage established in articles 74 and 80 of the Organic Law on Disabilities.

Source: Official Register Special Edition 471, of June 4, 2018.

INTERNAL REVENUE SERVICE

Resolution No. NAC-DGECCGC18-00000004 The taxpayers of Income Tax will not be recognized in the deductibility in Income Tax, the expenses generated by operations called "back to back" in cases considered as indebtedness indirect to artificially reduce the payment of taxes.

Source: Official Registry 255, Supplement 1, June 5, 2018.

Resolution No. NAC-DGRCGC18-000004212 Procedure for the exemption of the Exit Excise Tax ISD (acronym in Spanish) the procedure for the exemption of the Exit Excise Tax ISD (acronym in Spanish) is applied in the following cases:

Studies abroad in educational institutions: it can transfer or send exempt from ISD up to 100% of the costs related to the study abroad, provided that these values are collected directly by the educational institution; which must be duly recognized by the Secretary of Higher Education, Science, Technology and Innovation SENESCYT (acronym in Spanish)

Maintenance expenses: people who leave the country and are studying or going to study abroad in duly recognized institutions may be exempt from payment of the ISD up to 50% of a basic fraction charged with a zero rate of Income Tax, for maintenance expenses for semiannual period, the beneficiary may request the accumulation of the benefit up to the maximum number of semester periods that he / she will take.

Treatment of diseases abroad: for people suffering from catastrophic, rare or orphan diseases, according to the list of the Ministry of Health, may transfer, send or carry in cash exempt from the payment of the Excise Tax (ISD) until the 100% of the costs related to treatment abroad.

The beneficiaries of the Foreign Currency Exit Tax ISD (acronym in Spanish) exemption must submit an application for each transfer, shipment or transfer of currency to be made; however, in the case of the exemption for studies abroad and the exemption for the transfer of cash for living expenses abroad, both benefits can be requested together in a single application.

Source: Official Registry 258, Supplement 1, June 8, 2018.

This document is informative, it does not constitute a legal opinion or criterion of Puente & Asociados, nor its members.

For PUENTE & ASOCIADOS law Firm it will be a pleasure to attend all your queries and requirements, for which we ask you to communicate to the email or to the telephone numbers of our offices.


This post first appeared on Abogados De Empresas Ecuador, please read the originial post: here

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LEGAL BULLETIN JUNE 2018

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