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New Directives for Sello Violeta Certification

Dear friends and clients,

The recently published Interministerial Agreement No. MPCEIP-MDT-2024-001-AI outlines the necessary guidelines to obtain the "Sello Violeta" certification. This distinction honors companies committed to gender diversity, equity, and inclusion, in line with the Organic Law to Promote the Purple Economy.


Below are the key aspects:

  1. Nine Key Guidelines for Obtaining "Sello Violeta"

  2. Procedure for Delegating "Sello Violeta" Certification

  3. Procedure for the "Sello Violeta" Distinction

  4. Benefits of the "Sello Violeta" Distinction


I. Nine Key Guidelines for Obtaining "Sello Violeta"

To achieve the "Sello Violeta" distinction, the following directives must be adhered to:


1. Gender-Focused Hiring and Recruitment

  • Equal Opportunity Policies: Establish clear policies ensuring equal opportunities for all, regardless of gender.

  • Inclusive Job Ads: Use gender-neutral language in job advertisements to avoid bias.

  • Diverse Recruitment Channels: Utilize various recruitment channels to reach a diverse audience.

  • Objective Competency Evaluation: Use objective, competency-based criteria for candidate selection to avoid gender bias.

  • Structured Interviews: Conduct structured interviews with predefined questions to ensure a uniform evaluation.

  • Bias Mitigation Training: Train hiring personnel to identify and mitigate gender biases, promoting diversity and inclusion.

  • Data Monitoring and Analysis: Regularly monitor and analyze hiring data to identify and address potential gender disparities.

2. Pay and Salary

  • Equitable Pay Policies: Ensure fair and equitable remuneration for similar roles, regardless of gender.

  • Wage Gap Analysis: Perform periodic analyses to identify and correct gender pay disparities.

  • Salary Transparency: Promote salary transparency by providing clear information on pay structures.

  • Objective Performance Evaluation: Base remuneration decisions on objective performance and competencies, avoiding gender bias.

  • Monitoring and Reporting: Establish systems to monitor and report on gender pay equality, with regular updates on progress and areas for improvement.

3. Promotions and Career Development

  • Transparent Criteria: Set clear, objective criteria for performance evaluation, free from gender bias.

  • Leadership Training: Offer accessible leadership programs for all employees.

  • Merit-Based Promotions: Ensure promotions are based on performance, not gender or other personal factors.

  • Diverse Evaluation Committees: Form gender-diverse committees for fair evaluations.

  • Women's Development Programs: Design specific development programs for women to enhance their skills.

  • Regular Monitoring: Analyze promotion metrics by gender regularly and take corrective measures when necessary.

4. Gender Balance in Leadership and Professional Categories

  • Gender Equality Policies: Implement policies that promote gender equality and diversity at all levels.

  • Training and Awareness: Provide training on gender equality and diversity for all employees.

  • Leadership Diversity: Encourage the inclusion of women in leadership and high-level positions.

  • Monitoring and Reporting: Track and report on gender composition within the organization.

5. Training Programs

  • Equal Access: Ensure equal access to training opportunities and growth projects for all employees.

  • Competency Development: Offer programs addressing the specific development needs of both women and men.

  • Evaluation and Feedback: Conduct regular evaluations and gather feedback to improve training programs.

6. Preventing Workplace Discrimination and Harassment

  • Clear Policies: Establish and communicate policies prohibiting all forms of discrimination and harassment.

  • Mandatory Training: Offer mandatory training on preventing discrimination and harassment and how to report inappropriate behavior.

  • Safe Reporting Channels: Implement confidential channels for reporting incidents without fear of retaliation.

  • Victim Support: Provide protective measures for victims.

  • Policy Review: Regularly review and adjust policies and practices to address new concerns.

7. Inclusive Communication and Language

  • Policies and Guidelines: Develop policies and guidelines for using respectful and equitable language in all communications.

  • Training: Offer training on using inclusive language to all employees.

  • Awareness: Promote the importance of inclusive language and encourage respectful communication practices in the workplace.

8. Evidence of Clear, Impartial, and Transparent Procedures for Reporting and Investigating Cases of Workplace Harassment, Sexual Harassment, Discrimination, and Violence Against Women

  • Detailed Policies: Establish detailed policies defining harassment, discrimination, and violence and the steps for reporting them.

  • Mandatory Training: Provide mandatory training on reporting procedures and employee rights.

  • Confidential Reporting Channel: Create a secure, confidential channel for reporting incidents without fear of retaliation.

  • Adequate Resources: Allocate resources and trained personnel to handle reports and investigations.

  • Impartial Investigation: Conduct thorough, transparent investigations while maintaining confidentiality.

  • Victim Protection: Implement measures to protect victims during investigations.

  • Clear Consequences: Establish proportional consequences for perpetrators, including disciplinary measures.

  • Transparency: Inform stakeholders about the process and outcomes of reports, respecting confidentiality.

  • Continuous Improvement: Regularly review and adjust procedures to enhance effectiveness.

9. Inclusive Work Environment Focused on Diversity

  • Culture of Inclusion: Foster a culture that values diversity and includes everyone, regardless of gender, ethnicity, sexual orientation, gender identity, age, or other characteristics.

  • Non-Discrimination Policies: Implement clear policies prohibiting any form of discrimination, harassment, or unequal treatment.

  • Diverse Hiring Practices: Use hiring practices that promote gender diversity and consider candidates from various backgrounds and experiences.

  • Diversity Training: Offer training and awareness programs on diversity and inclusion.


II. Procedure for Delegating "Sello Violeta" Certification to Certifying Entities by the Ministry of Labor

The Ministry of Labor has outlined a specific procedure for certifying entities to obtain the delegation to certify the "Sello Violeta" distinction.


To obtain this delegation, certifying entities must submit a request to the Ministry of Labor. This request should include:

  • A justification for their motivation

  • Accreditation of experience in gender public policies

  • Evidence of actions supporting the Purple Economy 2021-2025

  • Clear strategies for implementing the Organic Law to Promote the Purple Economy


The certifying entities must verify the following requirements for obtaining the distinction:

  • Application Form: Submit a formal application to start the process.

  • Employee List: Provide a complete list of company employees.

  • IESS Entry Notice for Employees: Submit the entry notice to the Ecuadorian Social Security Institute (IESS) for employees.

  • Last Three Months' Payroll: Deliver payroll records for the last three months.

  • Reserve Fund Payment Justification: Present a justification for the payment of reserve funds.

  • Anthropometric Measures Justification (if applicable): Justify the delivery of supplies and materials that comply with anthropometric measures.

  • Work Clothing Justification (if applicable): Justify the delivery of work clothing with corresponding anthropometric measures.

  • IESS Compliance Certificate: Present a certificate accrediting compliance with all IESS obligations.

  • Program Compliance Documents for Psychosocial Risk Prevention: Demonstrate compliance with a psychosocial risk prevention program.

  • Compliance with Article 6 of the Agreement: Adhere to the criteria specified in Article 6 of the Interministerial Agreement.

  • No Sanctions for Discrimination, Harassment, or Violence in the Last Three Years: The company must not have received sanctions for discrimination, harassment, or violence in the last three years.

  • Equality Plan Registration: Have an equality plan registered.

  • Manual of Positions in Accordance with Current Regulations: Have a manual of positions that complies with current regulations.

  • Human Talent Roster with Promotion and Professional Development Details: Provide a roster of human talent with details on promotions and professional development.

  • Last Year's Training Records: Maintain records of training conducted in the last year.

  • Implementation of Norms to Eliminate Harassment, Violence, and Discrimination: Implement norms to eliminate harassment, violence, and discrimination.

  • Justification for Providing Childcare Services (50 or More Workers): Justify the provision of childcare services for companies with 50 or more workers.

  • Lactation Room (50 or More Workers): Provide a lactation room for companies with 50 or more workers.

  • Additional Documentation Demonstrating Equality Policies (50 or More Workers): For companies with 50 or more workers, provide additional documentation demonstrating the implementation of equality policies.


III. Procedure for the "Sello Violeta" Distinction

  • Application: Companies must submit the application signed by the legal representative to certifying entities with the requirements of Article 12.

  • Process and Analysis: The certifying entity has 60 days to analyze the information and issue a final report, which will be sent to the Ministry of Labor.

  • Notification of Results: Certifying entities will notify the denial, if applicable, with justification.

  • Resolution: The Ministry of Labor will grant the resolution and the distinction if the final report is approved.

  • Validity: The distinction lasts for 1 year, renewable indefinitely by updating the required documents.


IV. Benefits of the "Sello Violeta" Distinction

  • Exemption from Inspections: No inspections will be conducted during the distinction's validity, except for complaints.

  • Use of the Distinction: Companies can use the distinction on products and publications.

  • Priority Training and Administrative Attention: Priority access to training and administrative attention from the Ministry of Labor.

  • Free Promotion: Promotion on the Ministry of Labor's institutional page.

  • National and International Recognition: Publication and recognition with support from non-governmental and academic cooperation.

  • Preferential Notification: Priority reception of labor regulations issued by the Ministry of Labor.

  • Public Recognition: Mention in national and international events.

  • Other Benefits: Additional benefits from the Ministry of Production, Foreign Trade, Investments, and Fisheries.


Need help with this process? At info@lmzabogados.com, we are specialized labor lawyers ready to assist you.


Sincerely,

Ab. Cristina Guarderas

Head of the Labor Department

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The content of this blog is provided for informational and educational purposes only and should not be considered legal advice. Regulations in Ecuador are subject to changes and updates that may affect the applicability and accuracy of the content published here. We do not guarantee that the information presented is accurate, complete or current at the time of reading. Therefore, past postings should not be construed as necessarily reflecting current regulations. We strongly recommend that you consult with our qualified attorneys for specific and personalized advice.

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