The consolidated labour team at Bustamante Fabara attracts leading companies in the food and beverage, healthcare, retail and manufacturing industries, with the practice covering both pre-emptive and remedial needs encompassing due diligence, restructuring operations, compliance, investigations, immigration matters and litigation. Patricia Ponce and Francisco Vacas share leadership of the team, combining over 50 years of experience in the field. Vacas is noted for his previous role in the Ministry of Labour Relations; in a recent highlight, he led the firm’s representation of Icesa in 87 claims relating to the dismissal of workers due to force majeure. At the associate level, Angeles Mancheno is a key contact for due diligence in commercial transactions, labour audits and judicial processes, having rejoined the firm in June 2022. Associate Gabriela Díaz left the firm.
Labour and employment in Ecuador
Bustamante Fabara
Responsables de la pratique:
Patricia Ponce; José Francisco Vacas Davila
Les références
‘We feel confident and assured in the decisions we make with their advice regarding labour and employment matters. The professionals we have been in contact with are very knowledgeable, clear, and display a high level of professionalism.’
‘The lawyers with whom we are in contact are highly accessible individuals, possessing extensive expertise in the field, which is evidenced by their insightful opinions shared during our meetings. They consistently provide a balanced perspective, highlighting both the pros and cons of the decisions to be made. Our collaboration with them has proven to be highly productive for our company.’
‘There is a very good coordination of the different jobs between the lawyers in the labour area, thus facilitating a very effective client service.’
Principaux clients
Int Food Services Corp
Pepsico Alimentos Ecuador
Superdeporte
Saludsa Sistema de Medicina Pre-Pagada del Ecuador
Veris
Aymesa
Grupo Maresa
Pfizer
Copiadora Ecuatoriana Ecuacopia
United Parcel Service Latin America
Homecenters Sas
Grupo Cid
Tessacorp
Abbott Laboratorios del Ecuador
Acería del Ecuador Adelca
Grupo El Hornero
Hotel Dann Carlton
Valle del Sol Valesol
Favalle
Icesa
Principaux dossiers
- Advised ICESA on its dismissal of 133 workers in accordance with Art. 169 of the Labour Code.
- Advised Textil Ecuador on a mechanism to address a financial and administrative burden relating to a collective labour agreement signed a few days before the sale of the company.
- Assisted El Hornero, Hotel Dann Carlton and Distrivehic in due diligence to detect non-compliance issues and establish relevant mechanisms.
Jaramillo Dávila Abogados
Boutique firm and market leader Jaramillo Dávila Abogados retains a variety of high-profile clients from the energy, pharmaceutical, construction, manufacturing and automotive sectors. The firm has particular experience in negotiating with worker’s unions and handling collective conflicts, and is also active in representing clients in administrative proceedings. Its representation of Zaimella del Ecuador in relation to the termination of an employee contract due to a breach of internal regulations is a case in point. Leading the team are Fabián Jaramillo Terán and Diego Jaramillo Terán, with combined knowledge of preventive strategies and negotiations. Fabián Jaramillo Intriago supports the practice’s litigation offering, and Álvaro Sandoval Robalino has a strong track record in a range of labour claims.
Responsables de la pratique:
Fabián Jaramillo Terán; Diego Jaramillo Terán
Les références
‘Complete knowledge of all aspects that apply to labour advice, including applying the legislation at all times. The immediate response and practical knowledge of labour issues is good, and we receive accurate advice. They are always attentive to the needs of the company and especially the particular needs of the sector.’
‘Notable for its knowledge, experience, subject matter skill, insight, persuasion, ethics, breadth of understanding, and knowledge that leads to achieving the best results with little or no incident.’
‘Availability and agility of response. I’d highlight Diego Jaramillo.’
Principaux clients
General Motors Omnibus BB Transportes
Repsol Ecuador
Confiteca
Mashpi Lodge
Productnorte
Inepaca
Yanbal Ecuador
Novopan del Ecuador
Coheco
Bayer
DSV Ecuador
Productos Minerva
Corrugadora Nacional Cransa
Sociedad Industrial Reli
Consorcio Sandry
Zona Tecnológica
Pedro Eljuri
Proauto
Hotel Sheraton Quito
Zaimella del Ecuador
Principaux dossiers
- Advised Zaimella del Ecuador on an administrative procedure to legally dismiss a worker.
- Managed several claims for Sheraton regarding unlawful force majeure in the termination of labour contracts during the pandemic.
- Negotiated a collective contract on behalf of General Motors Omnibus BB Transportes with the worker’s union, giving benefits to the workers without incurring excessive costs to the company.
Lexvalor Abogados
Lexvalor Abogados demonstrates a strong specialisation in labour litigation, focusing on workplace risk, occupational safety, compliance and the implementation of employment policies surrounding discrimination and workplace harassment. Led by Karla Villacís, an expert in a wide array of social security, occupational hazard and litigation proceedings, the team is noted for its comprehensive support, with recent highlights seeing the team act as counsel for large companies in due diligence, compliance, post-pandemic hiring schemes and remuneration packages. Alfredo Peñaherrera and associate Vanessa Gómez are additional standouts, with the latter recognised for her broad litigation expertise.
Responsables de la pratique:
Karla Villacís
Les références
‘What makes Lexvalor unique is that they work as business partners and not as an external advisor. They understand business needs and give their best advice based on this. Additionally, I believe that they have good collaboration between lawyers, and you always have immediate access to partners. As for the people, they explain legal concepts to us in the easiest way. We are happy with their service and we believe that the constant contact is what makes them stand out from other law firms.’
‘Karla Villacis is very professional and as a leader she develops and empowers her team very well. Jose Endara is very professional and diligent to all requirements. Vanessa Gómez is the one we consult regarding employee issues on a day-to-day basis and with whom we work on more strategic changes in the business.’
‘They always send us updates when there are new laws or regulations in a timely manner. They are very professional and show great judgement. The labour lawsuits that we have had have been in favour of the company because they have supported us.’
Principaux clients
Alpina Productos Alimenticios Alpiecuador
Uribe Schwarzkopf Ingenieros y Arquitectos
Arbaro Fund
Beiersdorf Ecuador
Grupo Familia Sancela del Ecuador
Tigre Ecuador
Opticas Gmo Ecuador
Grupo Corporación Favorita
DespegarEcuador
Disagro
Principaux dossiers
- Advised Despegar on personnel management, employment contracts, payroll management, additional remuneration payments and the disengagement of local staff.
- Retained by Grupo Familia to appear before the Labour Authority in cases of inspections and complaints, and for training.
- Advising Alpina on corporate, regulatory and labour matters, including on collaboration and co-participation in the transition process due to the incorporation of the new General Manager and the Chief Commercial Officer.
Pérez Bustamante & Ponce
Pérez Bustamante & Ponce demonstrates the ability to advise high-profile clients in the healthcare, manufacturing, technology, mining and oil sectors across the full spectrum of labour law mandates. Key areas of expertise for the group include social security, immigration, collective bargaining agreements and day-to-day strategic advice. With seasoned litigator Javier Salvador at the forefront of the offering, the team showcases strong capabilities in disputes, evidenced by its recent assistance to Solgold in an administrative lawsuit against the Social Security Institute for alleged non-compliance with payments to temporary community workers and relevant sanctions. Practice director Belén Jaramillo Álvarez is another standout for administrative and labour litigation, particularly in relation to the retail, food and beverage, and hospitality industries. A recent arrival from Robalino, senior associate Esteban Baquero supports on litigation proceedings, and the arrival of associates Daniela Cazar from Robalino and Gabriela Díaz from Bustamante Fabara are also key developments within the practice. Since publication, Jaramillo Álvarez has left the firm - effective as of January 2024.
Responsables de la pratique:
Javier Salvador
Les références
‘The firm has many areas in which it stands out, labour being one of the areas in which we receive the most support. They not only provide you with general advice, but also analyse your business situation, which makes their advice more comprehensive.’
‘I believe that they provide added value compared to other firms. Their support is permanent. They propose avant-garde themes that are very attached to the business strategy that we manage.’
‘The warmth of the people and their level of service is of high performance.’
Principaux clients
Lundin Gold
Prysmian Group
Husqvarna
Whirlpool
Falcon Farms
SolGold
Chubb
Bupa
Electrolux
Pronaca
Principaux dossiers
- Represented SolGold in an administrative lawsuit against the Social Security Institute for sanctions imposed due to alleged non-compliance with social security payments for temporary community workers.
- Defended Hoteles Decameron Ecuador in a labour lawsuit filed by a former employee arguing the payment received for his dismissal did not comply with local law.
- Advising Falconfarms Ecuador on all labour-related matters including a restructuration, with the implementation of a new type of contracts.
CorralRosales
CorralRosales houses a labour practice capable of navigating the country’s latest regulatory developments, advising domestic and international clients on dismissal procedures, administrative proceedings, M&A-related labour issues, restructurings and collective bargaining. Edmundo Ramos stands at the forefront of these efforts, leveraging almost 30 years of experience in the field, backed by senior associate Mateo Zavala, a seasoned litigator active in civil, administrative, constitutional and employment proceedings. Victoria Beltran joined Zavala in the senior associate ranks in January 2023, arriving from Meythaler & Zambrano Abogados, a move to offset the loss of Marta Villagómez, who left in August 2022.
Responsables de la pratique:
Edmundo Ramos
Les références
‘It is necessary to point out the specialisation, experience and ethical standards of the law firm and the team that practices labour matters. It is an extraordinary law firm and a top-notch employment consultancy. Edmundo Ramos is a great lawyer, trustworthy and very experienced.’
‘The law firm maintains a solid relationship with us as clients and they are highly respected by their peers and authorities. It is an inclusive firm. I consider that the close relationship with clients and inclusive practices are elements that differentiate it from other law firms.’
‘It is distinguished by great knowledge, business vision, innovation, the ability to face challenges and the ability to adapt to the needs of the company without neglecting compliance with the law. They are top notch lawyers. When delegating a matter to CorralRosales, I am sure that it will be treated with seriousness, responsibility, trust and extraordinary professionalism. The knowledge and experience that the team has is extraordinary.’
Principaux clients
Nestlé
Mastercard
RB Reckitt Benckiser
Grünenthal
Novartis
Payless ShoeSource
Lumen
Avon
AIG
Claro
America Movil
BMI
Eriksson
The Church of Jesus Christ of Latter-Day Saints
Zurich
United Airlines
TMF
Kyndryl
Nielsen
IBM
NTT Data
Delta
Comunicaciones Sertecomcell
IKURA
Sites Ecuador
Fresenius Kabi
Cirion Technologies Ecuador
Perez Romo Leroux y Asociados
DK Management Services
Entregas Especiales Espentregas
Principaux dossiers
- Assisted Johnson & Johnson del Ecuador in the transfer of employees as part of the internal business reorganisation process that separated its consumer health business.
- Advised Likewize after it decided to close its operations in several Latin American countries including Ecuador.
- Represented Conecel in a claim involving an employee outsourced from a call centre who claimed it failed to recognise his labour rights.
Dentons Paz Horowitz
The employment and labour team at Dentons Paz Horowitz divides its time between assisting with labour audits, employment relationships and litigation involving unjustified dismissals and occupational accidents. Within the employment field, the firm showcases further capabilities in issues relating to labour unions and collective bargaining, handling contract, internal labour regulation and profit-sharing matters. Patricia Andrade leads the team, with considerable experience navigating breach of contract, wrongful termination and profit-sharing issues, accompanied by director Gabriel Santelices, who brings a broad understanding of civil, labour and constitutional litigation in addition to restructuring processes and compliance programmes. In recent developments, the firm saw the departure of Andrés Chong Qui.
Responsables de la pratique:
Patricia Andrade
Les références
‘Their specialty is effective communication.’
‘Availability and excellent service.’
‘It is a very flexible team and adapts to the needs of the business.’
Principaux clients
Novacero
Heel Ecuador
Safety Enforcement Seguridad Vial
Thoughtworks Software Ecuador
Edimca
Quifatex
Universidad Hemisferios
Talma Ecuador Servicios Aeroportuarios
BDO Ecuador
Tecnoesa
DLL Abogados
DLL Abogados caters its services to renowned companies in the hydrocarbon, tourism and retail sectors, with a comprehensive offering that covers collective disputes, the preparation and negotiation of labour agreements and the approval of international regulations. Seasoned litigator Leopoldo González co-heads the practice with an impressive track record in collective disputes, collective bargaining agreements and negotiations with labour unions, working alongside Alejandra Llantada at the helm of the practice. Xavier Sisa – a member of the National Labour Council – supports González, with a particular focus on lawsuits; Jessahé Navarrete adds to the team’s national institution experience, having previously presided over the Conciliation and Arbitration Panels as Regional Labour Director in Quito.
Responsables de la pratique:
Leopoldo González; Alejandra Llantada
Les références
‘They are the best in labour law in my opinion. Always very fair and consistent. They defend their clients with great professionalism and efficiency.’
‘They are technical and experienced.’
‘DLL has a specialised team, knowledgeable in the labour law field and which is willing to advise us and attend to our requirements and queries. I don’t know of an office that has such a personalised level of attention and service.’
Principaux clients
Schlumberger del Ecuador
Halliburton Latin America
Celebrity Cruises
CONECEL
Automotores y Anexos
Banco Solidario
Andes Petroleum
Pluspetrol Ecuador
Hotel Colón Internacional
Laboratorios Bagó del Ecuador
Durini & Guerrero Abogados
Durini & Guerrero Abogados is recognised for its full-service offering, showcasing knowledge of employment restructurings, collective dismissals, litigation, compensation, internal labour regulations and ‘visto bueno’ proceedings, an August 2021 development relating to the approval of employment termination with cause. Experienced litigator Juan Francisco Guerrero leads the team alongside senior associate Danilo Román Fabara, whose practice is geared towards labour policies, company structurings and individual and collective bargaining. With a presence in Quito and Guayaquil, the firm is retained by a portfolio of insurance, food services, automotive, distribution services and transportation sector clients. Managing partner Emilio Suárez is a key contact for social security and employment matters.
Responsables de la pratique:
Juan Francisco Guerrero del Pozo; Danilo Román Fabara
Les références
‘The team is very dynamic with quick response times. The solutions they propose are the right ones.’
‘Emilio Suarez has a great strategic vision of cases, control of the situation and a real effectiveness in his actions.’
‘Danilo Román has a good vision of the cases, and provides excellent solutions and alternatives, as well as success in the cases.’
Principaux clients
Aekia
Megalabs-Pharm
Tecfood Servicios de Alimentación
EQR-Equatoroses
Metrocar
KMOTORS
Cooperativa De Ahorro y Crédito 29 de Octubre
Cooperativa de Ahorro y Crédito Cooprogreso
Baker Tilly Ecuador
Nipro Medical Corporation
Natuflor
Novacargo
Autohyun
Recordmotor
Aymesa
Quito Motors
Hanrine Esploration Andmining
Project 1835
Principaux dossiers
- Acted on behalf of Megalabs-Pharma in a dismissal trial regarding the termination of a pregnant employee who had committed disciplinary offenses.
- Advising Nipro Medical Corporation on rectifying the legal status of five workers who have labour dependency relationship with various companies of the CID group, in their dialysis section.
- Represented Hanrine Ecuadorian Exploration and Mining after a worker filed a labour lawsuit against the company, seeking compensation for untimely dismissal and payment of extraordinary hours.
Noboa, Peña & Torres, Abogados
Led out of Guayaquil and Quito by Marcelo Torres and Patricio Peña Romero, respectively, the labour practice at Noboa, Peña & Torres, Abogados focuses on employment contracts and terminations, with further emphasis on contentious and mediation processes. The team is also well versed in collective bargaining agreements and communication with trade unions. Torres specialises in labour matters arising out of M&A transactions, while Peña Romero – a member of the board of directors of the Ecuadorian American Chamber of Commerce in Quito – advises clients on several aspects of employment law. Associate Juan Soria is another key contact in Guayaquil, active in social security matters. The department welcomed associate Alejandra Cháves, who joined in July 2022 from the specialised labour chamber of the National Court of Justice.
Responsables de la pratique:
Marcelo Torres; Patricio Peña Romero
Les références
‘Patricio Peña Romero is a very professional person and one who trusts his team’s follow-up on the cases.’
‘It is a team that listens to their clients’ needs and delivers the required solutions.’
‘Excellent service, immediate response, personalised treatment, efficient with their responses.’
Principaux dossiers
Robalino
The ten-strong labour department at Robalino offers support to domestic and foreign clients seeking advice on their internal restructurings, labour lawsuits and collective bargaining needs. The group demonstrates further expertise acting in mediation hearings as well as addressing claims and inspections made by the Ministry of Labour. Procedural expert Luis Carlos Fernández leads the team, leveraging his arbitration experience to act in complex labour proceedings; recent highlights include the team’s representation of Inepaca in multiple labour claims regarding severance payments filed by former employees. Director Emilio Aguayo is a key contact for dispute resolution. Esteban Baquero departed the firm in September 2022, with Ernesto Weisson leaving the following month. Sergio Mera left the firm in April 2023.
Responsables de la pratique:
Luis Carlos Fernández
Principaux clients
Inepaca
Colour Republic
Transmarina
Schlumberger del Ecuador
Seafman
Corporación Grupo Fybeca
H&M
Bomi Group
Eurofish
Ufinet
OLX Ecuador
Lowell Mineral Exploration Ecuador
FreshFish
Envapress
La Fabril
Grupo Alkavat
Epsodecua
Principaux dossiers
- Assisted Colour Republic in its acquisition of two new farms in a $2m settlement.
- Assisted OLX Ecuador concerning $2m severance payments.
- Assisted Eurofish in its day-to-day relations with its workers, which resulted in a $1.5m per year settlement.
ECIJA GPA
ECIJA GPA divides its practice between contentious and non-contentious matters, with the team active in a variety of collective conflicts involving clients in the hydrocarbon, hospitality, pharmaceutical, environmental and automotive industries. Byron Sotomayor steers these efforts alongside Francisco Dávalos, who combine considerable experience in individual and collective labour disputes.
Responsables de la pratique:
Byron Sotomayor; Francisco Dávalos
Principaux clients
CORENA
EFE News Agency
Decentralized Autonomous Government of the Riobamba canton (Municipality of Riobamba)
MAQUINARIAS Y VEHICULOS
Reencauchadora del Pacífico
Internacional de construcciones
Exportadora e importadora A & J S.A.
Principaux dossiers
- Advised Corena on a trial where a former worker claimed compensation of $100k for an alleged work accident.
- Advised Maquinarias y Vehiculos Mavesa on a trial where ineffective dismissal was alleged by the plaintiff.
Puente & Asociados
Puente & Asociados places an emphasis on contractual advisory work, which is paired with the firm’s ability to advise on a range of structuring and labour strategy matters. The team’s efforts are led by Guillermo Córdova and Miguel Ángel Puente, noted for a wide spectrum of labour relations work. Supervising senior associate Paola Quezada is another key practitioner, active in civil, labour and constitutional proceedings.
Responsables de la pratique:
Guillermo Cordova; Miguel Angel Puente
Les références
‘The Puente & Asociados team is very professional and committed to the issues that must be dealt with. The most important thing is that they are aware of the progress of the processes and can be counted on in all circumstances.’
‘Miguel Angel Puente is an expert in labour issues and an excellent litigator. He gives confidence and takes on the toughest cases. Paola Quesada is an excellent professional. She looks for the best options to solve cases. She is a person who exudes confidence and seriousness in everything she does. Guillermo Córdova is excellent professional; committed and creative.’
‘The collaboration, initiative, and research stand out.’
Principaux clients
Vallejo & Perez Representaciones Turisticas
Promociones Lujor
Turasis Lujor
Impresoresmyl
Beaglelogistics
Expediciones Wayrarouters
Galpacifico Turs
Ediciones Legales Edle
Asociación del Fondo Complementario Previsional Cerrado Asoprep–fcpc, de Jubilación y Cesantía, de las Empresas Públicas del sector Hidrocarburífero
Principaux dossiers
- Advised Galpacifico Turs with regard to an employment termination as a result of force majeure and the Covid-19 pandemic.
- Advised Asociación del Fondo Complementario Previsional Cerrado Asoprep–fcpc, de Jubilación y Cesantía, de las Empresas Públicas del sector Hidrocarburífero in relation to a former participant’s claim for payment of employer pension.
- Represented Impresoresmyl in a matter regarding compensation under Article 17 of the Organic Law of Humanitarian Support and an untimely dismissal.
Romero Arteta Ponce
Romero Arteta Ponce counts high-profile companies such as Toyota Ecuador, Siemens and Zaimella del Ecuador among its clients. The team plays an active role in negotiating labour agreements and also handles labour lawsuits. Leadership of the group is divided between Gustavo Romero, Diego Romero and Carlos Cisneros, who leverage over 85 years of combined experience in the dispute resolution and employment fields.
Responsables de la pratique:
Gustavo Romero; Diego Romero; Carlos Cisneros
Les références
‘My experience relates to complex labour issues, and I must say that the knowledge of the applicable law, of the courts, of the doctrine, is excellent, and above all, the group is able to handle complex litigation with many parties involved. The team complements each other very well, and the attention they give us is excellent.’
‘The main difference in relation to the more “corporate” or “big” law firms is that Dr. Gustavo Romero, the firm’s main partner and a top-level jurist, handles the issues directly.’
‘The Romero Arteta Ponce team is always willing to collaborate with the requirements that we have requested. Additionally, the delivery of documents, billing, among others, have always been on time and complying with high quality standards. Their kindness and attention to detail allows them to stand out as one of the best firms in Ecuador.’
Principaux clients
Pluspetrol Ecuador
Eni Italy
Siemens
Siemens Energy
Toyota Tsusho del Ecuador
Toyota del Ecuador
Suelopetrol Ecuador
Zaimella del Ecuador
Fábrica Bios
Swiss Embassy
Logicalis
Berlitz
Sustein Ecocircular
Profand Ecuador
Solines y Asociados
The labour law and social security group at Solines y Asociados stands out for its advisory role in collective conflicts, the negotiation and drafting of employment contracts, disputes and termination processes. Led by Pablo Solines and founding partner Ximena Moreno Echeverría, its client roster features the likes of Forever 21, Cervecería Nacional and Conelsa, with senior associate Gabriel Aguirre Padilla supporting the team in most advisory and litigious matters.
Responsables de la pratique:
Pablo Solines Moreno; Ximena Moreno Echeverria
Les références
‘The lawyers are competent and have great experience, contacts and the post-sale service. The follow-up on the case is clear.’
‘They always seek to understand the macro environment as well as the specific issues.’
Principaux clients
Floralp
Forever 21
Cerveceria Nacional
Conelsa
Festa
Prophar Group
Agrirose
ISEG Ecuador
Findasense Ecuador
Hilsea Investments Limited
Ertego
Principaux dossiers
- Acted as counsel to ISEG Ecuador in relation to the start of its business operations in Ecuador.
- Represented 12 former workers of petroleum Shaya in a claim for payment of utilities from 2017 to 2021.
- Represented Hilsea Investments in individual labour conflicts caused by the termination of the contracts of more than 800 former workers.