Totalization Agreement With Ecuador

Most U.S. agreements eliminate dual coverage of autonomy by allocating coverage to the worker`s country of residence. For example, under the US-Swedish agreement, an American citizen living in Sweden and living in Sweden is covered only by the Swedish system and is excluded from US coverage. These objective rules include what may not apply to any agreement reached by the United States: only recognized refugees are guaranteed the right to work and do not require a work permit or certificate, 14 All other foreigners must have a work visa (e.g. B 12-VI or 9-IV) or a temporary residence visa (z.B Southern Common Market or Mercosur, Union of South American Nations or Unasur) to be able to work legally. These are granted to immigrants who have obtained employment contracts in the country and do not protect vulnerable and non-professional immigrants. Work visas are granted to professionals with a high level of education and training15, while Mercosur and Venezuelan visas are granted only with proof of a source of income for at least the minimum wage. Foreign residents may only work as civil servants with a prior report from the hiring institution and an authorization issued by the Ministry of Labour16.16 To work in the private sector, they require a „certificate from the National Director of Employment and Staff of the Ministry of Labour,“ which states that recruitment does not affect „national employment and personnel policies.“ 17 In 2008, Ecuador signed the Multilateral Ibero-American Agreement on Social Security21, which includes Argentina, Bolivia, Brazil, Chile, El Salvador, Spain, Paraguay, Peru, Portugal and Uruguay. According to the Ibero-American Social Security Organization (2017), the agreement, „effectively implemented“ in Ecuador since 2011, applies to social security benefits in cases of disability, age, survival, work-related accidents and illness and guarantees the possibility of accumulating periods and exporting benefits. However, according to the IESS website, years of domestic work in Argentina, Bolivia, Brazil, El Salvador and Portugal are not added up and benefits (pensions) are not sent to other countries. No social security benefits in Ecuador are exportable. Ecuadorians living abroad may voluntarily enter the social security pension scheme by voluntarily joining the IESS, but they cannot export the pension; they must claim it from a national bank account as soon as they have met the required requirements. As a precautionary measure, it should be noted that the derogation is relatively rare and is invoked only in mandatory cases.

There are no plans to give workers or employers the freedom to regularly choose coverage that contradicts normal contractual rules. Unemployment insurance came into force in March 2016 by the Organic Law on the Promotion of Socio-Educational Animation, The Exemption of the Working Day, Unemployment and Unemployment Insurance23 Only workers affiliated with the IESS – national or foreign citizens – can benefit from this benefit.