ECUADOR
/The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner. Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com
1. Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness?
Yes, COVID-19 will be covered as an occupational disease for health care personnel and can be accepted as an occupational disease for other sectors, if the worker can demonstrate that he or she acquired the disease with “cause or occasion” of work.
2. Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?
Yes. The national committee operations for national emergencies - COE issued Resolution of April 28, 2020 approves the "Guide and General Plan for the progressive return to work activities” it establishes that the regional COEs must take the measures for the restart of activities based on a traffic light code according with the pandemic conditions in each Region, additionally the labor Ministry has issued Ministerial Agreements to provide guidelines to return to work:
Ministerial Agreement No. MDT-2020-093 of labor Ministry stablishes the guidelines for the economic reactivation through progressive return to work, protecting health of workers before the outbreak of COVID-19 disease for the private sector.
Ministerial Agreement No. MDT-2020-076 of labor Ministry enables and regulates teleworking during the COVID-19 emergency. Employers are obliged to register teleworking on the platform “Sistema Unico de Trabajo – SUT”
Ministerial Agreement No. MDT-2020-077 and MDT-2020-077 of labor Ministry approves changes in working hours.
The national committee operations for national emergencies – COE has issued the following resolutions:
Resolution of May 15, 2020 approves the “Biosafety Prevention Protocol for the Mining Sector in the Face of the COVID Pandemic - 19” presented by the Ministry of Energy and Non-Renewable Natural Resources and approves the pilot projects and action plan of the companies corresponding to the sectors: automotive, lumber and textile, analyzed and presented by the Municipality of the Metropolitan District of Quito.
Resolution of May 16, 2020 establishes as a mandatory requirement to any person who wishes to enter the Ecuadorian territory, as of Thursday May 21, 2020, to present upon arrival, to the health and migration authorities, the "negative" result of the COVID-19 test , which determines that the traveler is free of the disease, however, in addition to the previous provisions, all passengers arriving to Ecuador will comply with the Mandatory Preventive Isolation in the terms established in the Protocol of May 12, 2020 and special protocols for the operation of shopping centers were approved. In these establishments, the operation of the food areas is approved with the physical adjustments to ensure distance and in the application of biosanitary measures and in a maximum of 30% of the allowed capacity.
Resolution of May 17, 2020 modifies the curfew schedule according with the traffic light system as follows:
In RED, the curfew is maintained from 14:00 to 05:00,
In YELLOW, the curfew is reduced from 21:00 to 05:00
In GREEN, the curfew is reduced from 00:00 to 05:00,
Until a new evaluation of the National COE.
This measure will take effect from Wednesday, May 20, 2020 at 11:59 p.m.
Resolution of May 18, 2020 modifies the start date of the requirement to have the negative test result of Covid-19 for entry into the country from June 1, 2020.
Resolution of May 20, 2020 authorizes the opening of commercial establishments and related factories to the construction sector (suppliers, logistics services and hardware stores) in order to maintain the supply and logistics chain of the construction plans authorized by the COE, in strict compliance to biosafety protocols.
Resolution of May 22, 2020 authorizes the restart of regular international and domestic commercial air operations at all airports in the country only with 30% of the frequencies authorized to airlines. This measure will start at 00:00 on Monday, June 1, 2020, for this purpose all airports and Airlines must comply with the "Guidelines for the Reactivation of International and Domestic Flights.
Approves the "Shopping Centers Protocol Against the Exposure of Covid-19" presented by the representatives of the country's shopping centers for its application in the cantons with the traffic light color in yellow and green.
Resolution of May 25, 2020 approves the following documents for the reactivation and operation of transportation led by the Ministry of Transportation and Public Works:
Sustainable Urban Mobility Guide;
Reactivation and Operation Protocol of the Interprovincial and intraprovincial Public Transport Service during the Traffic Light system;
Operation Protocol of the Light and Mixed Cargo Transportation Service during the Traffic Light system;
Protocol of Operation of the Conventional and Executive Taxi Transport Service during the Traffic Light system;
Operational Protocol of the School and Institutional Transport Service during the Traffic Light system; and,
Reactivation and Operation Protocol of the Tourist Land Transport Service during the Traffic Light.
Resolution of May 27, 2020 authorizes the restart of regular international and domestic commercial air operations at all airports in the country, except for the José Joaquín de Olmedo International Airport in the city of Guayaquil, which will begin domestic operations from 00:00 on June 15, 2020. This measure will start at 0:00 on Monday, June 1, 2020 and the airlines have to operate with 30% of the frequencies authorized in their operating permit.
3. Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business? If so, please list them below and how long they will be in place.
Decree 593 April 24, 2020: The mandatory Preventive Isolation measure is extended, expanding the prohibition of movement of people and vehicles in the country, from April 27 to May 11. New exceptions were established which include: transport of necessary items, civil and health construction work, the hotel industry and the manufacturing and textile industry.
The President of the Republic of Ecuador issued constitutional decree 1017 on March 16, 2020, through which mandatory measures are established regarding non-compliance with the preventive measures as established by National Emergency Operations Committee (COE). Through this Decree the right to freedom of transit is suspended and a curfew was declared.
On March 15, 2020 a State of Emergency was declared in Ecuador, based on the Organization's declaration of pandemic of COVID-19 World Health.
This state of emergency will last 60 days, in force until May 15th, 2020.
Exception applies for people who must provide a service that provides basic, health, security, and other necessary services, especially those that help combat the spread of COVID-19.
This decree denotes the start of a curfew from 7:00 p.m. to 5:00 a.m. the following morning.
Exception to this Decree is the province of Guayas, which starts earlier, at 4:00pm.
The curfew imposes restrictions on the free movement of citizens, with the exception of some activities, which include workers of cleaning and hygiene supplies in factories.
The decree mentions that workers and suppliers of raw materials/services for these type of sites can transit normally, workers at these plants must carry documentation that proves their employment relationship with the factory, such as a Company ID or employment letter, signed by company representative and citizenship card.
All the business are shut down and most employees are working at home, except the people describe at Decree 1017 Article 5:
Public employees of basic health, security, fire, airport, air, sea and river transportation services, and food providers.
Members of the national police and armed forces.
Accredited social communicators.
Members of diplomatic missions.
Medical staff.
People who must keep medical appointments.
One member per family to stock up on food, food, medicine and fuel.
The social distance requirements and mask requirements are obligatory.
Private motor vehicles can transit only one day a week, specifically for obtaining supplies, from 05:01 to 13:59, based on a calendar defined by the last number of the vehicle’s transit plate.
There are additional guidelines for the public and for businesses which are updated on a regular basis. These measures are issued by the National Emergency Operations Committee (COE), which offers links to a variety of resources and updated guidelines which can be accessed at the following link: https://www.gestionderiesgos.gob.ec/coe-nacional/
At this website, a daily statistical report on COVID-19 cases in the country, resolutions, protocols and manuals to prevent the spread of the virus can be found.
4. Which governmental authority issued these guidelines, and are they voluntary or mandatory
Constitutional decree 1017 of March 16, 2020 was issued by the President of the Republic and the National Emergency Operations Committee (COE). These regulations are mandatory.
5. Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?
Those who breach the vehicle transit restriction have committed a fourth-class violation. The sanction is a fine equivalent to USD $120 and six points on the driver's license. Additionally, the traffic authority will retain the vehicle and the owner/driver must pay the fees related with the car retention.
Currently there are very limited resources to outline consequences for not following guidelines. This article will be updated as additional information becomes available.
6. Has your country adopted any laws or regulations related to COVID-19?
The national government has issued new regulations through the National Committee for Emergency Operations. Each of the Decrees listed above have applicable laws and regulations listed on the National Service for Risk and Emergency Management website. For a full list and to access each visit: https://www.gestionderiesgos.gob.ec/coe-nacional/
The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available. If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries..
