Ecuador Ministry of Labor explains lack of double pay for World Cup victory day work

Ecuador's Ministry of Labor has clarified the legal standing of the work suspension declared following the national football team's victory, explaining why employees who worked on June 26 did not automatically receive double pay. The confusion arose because President Daniel Noboa announced a "holiday" after Ecuador's qualification for the 2026 World Cup's Round of 32, but the official decree, Executive Decree 431, stipulated a suspension of the workday, not the creation of a new national holiday.

According to the ministry, the suspension meant that Friday, June 26, retained its legal nature as an ordinary workday. Consequently, workers who were on duty that day are not automatically entitled to the 100% surcharge typically applied to national holidays. The ministry's interpretation is based on Articles 55 and 65 of the Labor Code, which govern supplementary and extraordinary work hours and do not mandate holiday pay for ordinary workdays, even if those days were officially suspended.

However, the ministry stressed that this does not mean no additional payments are due. If an employee worked beyond their contracted hours on that Friday, their employer must compensate them for supplementary or extraordinary hours according to the standard rules outlined in the Labor Code. The key factor for additional payment is the actual time worked beyond the ordinary jornada, not the decree suspending activities.

The decree specified the suspension of work for both public and private sectors, stating the day would not be recoverable. It also ensured the continuity of essential services like health, water, electricity, transport, and banking. Despite the legal distinction between a suspension and a mandatory holiday, the government aimed to allow citizens to celebrate the national team's achievement.