On March 10, 2026, Ministerial Agreement No. MDT-2026-059, issued by the Ministry of Labor, was published in the Official Registry. This agreement establishes new parameters for the authorization procedure of special work shifts or schedules, as well as for the distribution of efficient workdays. Among other aspects, the Agreement confirms and develops the following relevant provisions:

1. Relevant aspects of the Ministerial Agreement

• Incorporates the figure of the “efficient workday for development.”
• 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.

2. Special Work Shifts

Special shifts are considered to be those that, due to the nature of the economic or technical activity of the company, cannot be interrupted and require prior authorization from the Ministry of Labor when:

• Work is performed for more than five (5) consecutive days, with accumulated rest days different from those of the ordinary workday.
• Work is performed for less than five (5) consecutive days with rest intervals of less than two consecutive days.

3. Special Schedules

Special schedules are considered to be those that imply and require prior authorization from the Ministry of Labor:

• Rotating schedules, whether: daytime, nighttime, mixed
• Continuous or discontinuous shifts with rotation.

4. Preferential processing for new hires

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

5. New requirements for qualifying documents for the request of special shifts or schedules at the MDT

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

6. Deadline for processing the request at the MDT

Procedure deadlines are modified: five (5) days to correct observations and ten (10) days for the Regional Labor Director to resolve the request. If there is no pronouncement within this last period, it shall be understood as approved.

7. Incorporation of the efficient workday for development

The figure of the efficient workday for development is incorporated, allowing the distribution of forty (40) weekly hours in workdays of up to ten (10) hours per day within five (5) days a week.

The agreement between employer and employee to implement the efficient workday must be recorded in a contract or addendum and registered in the Ministry of Labor's computer system within thirty (30) days following its signing.

8. 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.

9. Other relevant provisions

• Special schedules authorized under Agreement MDT-2018-0219, which previously regulated special schedules, remain in force.
• Ministerial Agreement MDT-2018-0219 and its reform are repealed.
• Medical technologists (radiologists) may work six (6) hours a day exposed to radiation and two (2) additional hours in administrative activities, until completing the legal maximum workday of eight (8) hours and forty (40) weekly.
• Drivers' shifts may not exceed twelve (12) hours.

10. Robalino Support Services

In order to support employers in the correct implementation of the different schemes mentioned above, at Robalino we offer comprehensive support for their proper application and compliance.

Our services include:* Drafting of contractual addenda for the implementation of efficient workdays.

• Drafting of labor contracts that incorporate efficient workday schemes.
• Preparation and submission of requests for special schedules before the labor authority.
• Preparation and submission of requests for special shifts.
• Registration of efficient workdays in the Unified Labor System (SUT).
• Design of shift schemes for the hiring of new vacancies aimed at young workers.

Clarifying note: The Ministerial Agreement published in the Official Registry, unlike the previous one which was not published, does not expressly provide for the possibility of extending the daily workday up to twelve (12) hours.