On February 18, 2026, the Ministry of Labor issued Ministerial Agreement No. MDT-2026-046, which regulates the authorization procedure for special shifts or work schedules, as well as the distribution of the efficient workday for development.

This instrument is mandatory for all employers and workers subject to the Labor Code who require the implementation of special shifts or schedules or the adoption of efficient workday schemes. Among its main features, the following stand out:

Relevant aspects of the ministerial agreement

• It incorporates the figure of the efficient workday for development.
• It defines the concepts of “special shifts” and “special schedules”.
• In this sense, this agreement details the cases in which both shifts and special schedules require authorization from the Ministry of Labor (MDT) as well as the cases in which they do not.

Special shifts that require authorization by the MDT

It considers as special shifts subject to authorization those that, by the nature of the industry or activity, cannot be interrupted.

• When working more than five (5) consecutive days with additional accumulated rest; or
• When working less than five (5) consecutive days with rest periods of less than two consecutive days.

Special shifts that do not require authorization by the MDT

Schemes that maintain two consecutive days of rest, even if they are not Saturday and Sunday, in accordance with the Labor Code, do not require authorization.

Special schedules that require authorization by the MDT

These will be those that involve rotating schedules (daytime, nighttime, or mixed) and continuous or discontinuous shifts with rotation.

Special schedules that do not require authorization by the MDT

Daytime, nighttime, or mixed shifts of eight (8) hours that are not rotating will not require authorization.

Regarding the extension of the daily workday

The daily workday may be extended up to twelve (12) hours, provided that they are compensated with rest periods under the 5x2 rule, without surcharges as long as they remain within the established limits. If the legal limits are exceeded, the surcharges for overtime or supplementary hours detailed in the Labor Code will apply.

Preferential processing for new hires

Preferential processing will be granted to applications that generate new job positions and incorporate young people between 18 and 29 years old, especially in cases of first work experience or certification in public capacity-building programs.

New requirements for enabling documents for the request of shifts or special schedules at the MDT

New documentary requirements are incorporated, such as a sworn statement when there are no workers registered with the IESS and verification that new hires have been made through the “Encuentra Empleo” platform.

Term for the processing of the application at the MDT

The terms of the procedure are modified: five (5) days to remedy observations and ten (10) days for the Regional Director of Labor to resolve. If there is no pronouncement in this last term, the application shall be understood as approved.

The figure of efficient workday for development is born

The figure of the efficient workday for development is born, allowing the distribution of forty (40) weekly hours in shifts of up to ten (10) hours per day within five days a week.

The agreement to implement the efficient workday must be included in a contract or addendum and registered in the Ministry of Labor's computer system.

Control by the MDT

The Ministry of Labor will conduct inspections and issue semi-annual reports on the control of the efficient workday and the new positions created under special shifts.

Other relevant provisions

• Special schedules authorized under Agreement MDT-2018-0219, which previously regulated special schedules, maintain their validity.
• Ministerial Agreement MDT-2018-0219 and its reform are repealed.
• Medical radiology technologists may work six (6) hours a day exposed to radiation and two (2) additional hours in administrative activities, until completing the maximum legal workday of eight (8) hours and forty (40) per week.
• The working hours for drivers may not exceed twelve (12) hours.

The content of this newsletter is a summary of the most relevant regulatory updates and is distributed for informational purposes only. It does not, under any circumstances, constitute legal advice or a professional opinion from ROBALINO. If you require specific advice for your company or have any questions, please contact the related professionals listed at the end of this article.