Utilidades Ecuador Legal Online

Some important aspects to consider: The calculation of this right is calculated on the basis of actual working time. For this reason, the calculation is deducted in proportion to the hours worked if an employee has not worked all year. A divorced employee who has not registered the corresponding divorce decree with the civil registry office is considered married and the family responsibilities of the former spouse are therefore taken into account. Spouses or partners who work in the same company are taken into account individually in the calculation of the benefit. The heirs of an employee may claim payment of ancillary expenses provided that they meet the necessary conditions, such as actual possession for the purposes of the collection of 5% corresponding to family expenses. Family expenses incurred during the period fixed for calculation shall be taken into account at the time of payment. If the employees of a company have no registered family obligations, 5% is distributed among all employees according to the actual working time. (4) If, in such cases, a person who works with invoices without dependency but through the provision of services and whose duties are continuous for more than one year (monthly) is entitled to benefits from the employer? In Ecuador, employers must distribute 15% of their net profit to all employees who worked during the fiscal year to be distributed. There was a profit limit, which is listed in section 97.1 of the Labour Code and applies to the 2016 fiscal year. People can check if they can pick up pending utilities in workers` waiting shipments, HERE. Public services for employees engaged in ancillary activities. Workers of enterprises engaged in ancillary activities in accordance with their annual seniority shall be entitled to participate in the statutory percentage of the profits of the user enterprises for whose benefit the work or service is provided. If the profits of the enterprise carrying out the ancillary activities are greater than those of the user, the employee receives only these.

The part that corresponds individually to the workers for the profits must be paid within fifteen days, from the date of liquidation of the profits, which is completed not later than March 31 of each year. The limitation on profit-sharing provided for in article 15 of the Organic Law on Labour Justice and the Recognition of Homework has been declared unconstitutional. It is the employer`s responsibility to register the company`s report on the payment of profits on the www.trabajo.gob.ec website of the Ministry of Industrial Relations. The legalization plan is drawn up in accordance with the ninth digit of the employer`s identity document, which is issued annually by the Ministry of Industrial Relations. For the determination of profit, declarations or declarations for the payment of income tax are taken as a basis. Employees in a non-arm`s length relationship are those who are entitled to benefits and not those who provide their services under the terms of the services provided. Article 105 of the Ecuadorian Labour Code informs us of the deadline for payment of ancillary costs. e) There is the right to receive the percentage of profit-sharing, the employee`s expense incurred during the tax period up to 31. December of each year, or exist as such, in the same way that fees that lose the quality specified in the Labour Code in the aforementioned tax period do not create a right. (Former) employees receive 15% of the profits, which are distributed as follows: 10% among all (former) employees. (d) where there are no family responsibilities on the part of an employee, the 5% share of profits shall be distributed equitably among all employees, taking into account the proportionality of the hours worked; (b) For the calculation of this 10%, working time is taken into account without differentiation according to the type of employment of the worker. The amount each employee must receive is obtained by multiplying the value of 10% of the profit by the time in days he worked, divided by the total number of days worked by all employees.

On 15.04.2022, the deadline for payment of ancillary costs expires. Employers must notify the Ministry of Labour, a body that establishes a timetable for dismissal, which runs from May and is fulfilled in accordance with the ninth paragraph of the RUC. The employer must submit to the Ministry a form containing general information about the company and the payroll of the employees, indicating their duties. The benefits of the benefits for workers are one of the most important because of its contribution to their economy. In this short text, we explain everything related to the calculation of profits in Ecuador. (c) The remaining 5 per cent is paid to employees of the enterprise in proportion to the family responsibilities included as spouses or partners in a legally recognized common-law relationship, children under 18 years of age and disabled children of all ages. The profit sharing of the employees of a company in Ecuador is a right that consists of receiving 15% of the liquid profits generated during a financial year through their participation in the management. The calculation of profits must be made no later than 31 March of each year Employee profit-sharing should not be considered as remuneration for the calculation of social security (IESS) or for the determination of the reserve or pension fund. We recall that article 15 of the Organic Law on Labour Justice and Recognition of Homework added article 97.1 to the Labour Code, which stipulated that the profits distributed to workers could not exceed twenty-four uniform basic wages of the worker in general; and that the surplus should be paid into the social security solidarity system. The right to profit does not depend on performance, but on working time worked during calendar years. And its calculation is carried out as follows: employers must record the payment of profit-sharing on the basis of the ninth digit of the RUC according to the following schedule established by the Ministry of Labor. (i) Profits may be unified when one or more enterprises are engaged in production and others are primarily engaged in the distribution and sale of goods manufactured by the former.

To this end, the association must be the subject of an application to the competent regional labour directorate, which is delegated by a ministerial agreement signed by the Ministry of Industrial Relations. It is the payment that the private company makes to its employees based on the profits made during the period. The payment of profits is a right of employees of private companies in Ecuador who have received benefits. The employer must register the company`s report on the payment of profits on the website of the Ministry of Industrial Relations. 15% of net profit is divided as follows. Within 15 days from the date of liquidation of profits, which is carried out until March 31 of each year; That is, the maximum payment date is April 15. Benefits can be paid to all insured employees. If the staff is affiliated to the social security, they would be obliged to pay the profits generated by the activity in accordance with article 97 of the Labour Code. Article 101 of the same Code specifies who is exempt from the payment of winnings only. The date of payment of ancillary fees expires on April 15, 2022, due to the health emergency, the deadline for REGISTERING the payment is extended by 90 days.

Employers who use the services of enterprises for ancillary activities such as safety and cleaning must provide them with the value of the benefits to which workers in ancillary activities are entitled; so that they are distributed among all their employees and former employees who worked during the financial year in which those profits were made, as well as those corresponding to them in respect of profits made within the undertaking for ancillary activities.