ETUR GENDER EQUALITY POLICY

Purpose and context 

[1] ETUR is a travel agency and tour operator, located in Guayaquil, Ecuador. We seek to promoted  tailored, ethical and sustainable experiences throughout Ecuador and Latin America. We promote  an organizational culture which highly values equity and inclusiveness and believes strongly in  social responsibility and transformation through tourism. We work to provide a safe and supportive  learning, working environment for people of all genders. 

[2] ETUR seeks to provide equal opportunity to permanent, practitioners, part-time and freelance staff  members by addressing attitudes and issues which negatively impact on gender-based workforce  participation and development.  

[3] This policy applies to all staff (employees, practitioners, part-time and freelance members).  

[4] The group of suppliers and providers of tourist services of ETUR must be, as a priority, from rural  communities and preferably led by women. 

[5] This policy includes:  

a. Equal Opportunity and Diversity Policy 

b. Workplace flexibility policy 

c. Anti-sexual harassment training, policy and procedures 

d. Childcare provision 

e. Gender neutral recruitment processes 

f. Gender neutral promotion processes  

g. Breastfeeding on Policy Definitions 

[6] For the purpose of this policy, we apply this following definitions:  

a. Employee means any person who is a current employee of ETUR; and includes permanent,  fixed-term, fulltime, part-time, casual and contracted staff; 

b. Gender* refers to the social, refers to the social, behavioral and cultural attributes, expectations, and norms associated with being female, male, intersex, transgender or gender  diverse; 

c. Gender equality in the workplace* means all employees are able to access and enjoy the same  rewards, opportunities, participation and resources regardless of their gender.  

d. Gender equity* means fair treatment for all staff according to their needs. All the decisions  such as equal treatment must be framed within the equality of rights, opportunities and  benefits. 

*Definitions adapted from the World Bank Group, Gender Strategy 2016-2023.  

I.Equal Opportunity and Diversity Policy 

[7] Based on the Regulations for the Eradication of Discrimination in the Workplace expressed in the  ministerial agreement No.082 of 2017 in Ecuador in its article No. 4, which refers to people having  equal access to opportunities in work and its article No. 5 (adapted with business criteria), ETUR  prohibits requesting the following question: 

a. Pregnancy tests and/or results; 

b. Information regarding marital status; 

c. Photographs in the resume; 

d. HIV/AIDS tests and/or test results; 

e. Information of any kind about their judicial past; 

f. Prohibit any clothing related to their ethnicity or gender identity; 

g. Private insurance policies for degenerative or catastrophic diseases; 

h. Establish as requirements, selection criteria regarding age, sex, ethnicity, identity of gender, religion, judicial record, and other discriminatory requirements detailed in this agreement; 

i. Political conviction; 

j. family or career's responsibilities; 

k. transgender status. 

[8] ETUR is committed to ensuring the integration of the principles of equal opportunity for all staff in  policies, procedures, decisions and operations. 

[9] ETUR will promote equal opportunity by: a. taking all reasonable steps to ensure that the working and learning environment is free from  unlawful discrimination, harassment, victimization, bullying or other adverse and inappropriate  behaviors. b. Implementing training and awareness raising strategies to ensure that all staff know their rights  and responsibilities. Providing an effective procedure for complaints based on the principles of natural justice. 

II. Workplace flexibility policy 

[10] ETUR recognizes that the changing context of work has created new challenges and opportunities  for employers and employees that require workplaces to embrace greater flexibility. 

[11] ETUR also understands that certain personal circumstances create additional challenges for staff in  balancing their work objectives and personal priorities. This includes employees: 

a. who are experiencing, or supporting a family member experiencing domestic violence, diseases; 

b. with family or career responsibilities; 

c. with a disability themselves. 

[12] ETUR establishes remote work as a first option as a clear action to support the flexibility of its staff. 

[13] This policy outlines the commitment to providing flexible work for staff in recognition of the  benefits a flexible work environment can provide to the staff. 

III. Anti-sexual harassment training, policy and procedures 

[14] ETUR is committed to providing an environment free from unlawful discrimination, unlawful  harassment, victimization, and unlawful adverse action and ensuring that its staff are treated with integrity and respect. 

[15] Unlawful discrimination, unlawful harassment, victimization and unlawful adverse action are unacceptable at ETUR and such behavior by a member of ETUR will not be tolerated under any circumstances. 

[16] All staff have the right to work in an environment free from unlawful discrimination, unlawful  harassment, victimization and unlawful adverse action. 

[17] ETUR will take action, in accordance with the procedures outlined in this policy, against any member of their staff when a breach of this policy is identified or reported.

Preliminary Actions by Aggrieved Person  

[18] The aggrieved person or witness is encouraged to: 

a. seek support and advice; and  

b. record the behavior(s) in writing, making notes of dates, time, witnesses, and instances  that describe the behavior and where it occurred. 

Formal procedures 

[19] If the matter is not resolved within two weeks of notification to their immediate manager with a  copy to HR manager, the aggrieved person will be recommended to file a formal complaint that  includes a formal investigation. 

[20] Operational unit where an incident of illegal behavior has been identified and not resolved shall  participate in a training/development opportunity on the prevention of illegal behavior. 

[21] An aggrieved person who claims to have experienced illegal behavior at ETUR, has the right to  submit an external complaint to the following organizations such as State Attorney General's Office  & Ministry of Labor. 

IV. Childcare provision 

[22] Employees must obtain permission from their supervisor prior to bringing a child/children into the  workplace. Supervisors will strive to treat such requests sympathetically and reasonably,  dependent upon the location and type of activity involved. 

[23] If a supervisor does not permit a child/children to be brought to the workplace in accordance with  this policy, then they should justify through an inform and approve the taking of leave. 

[24] In order to prevent illegal discrimination and illegal harassment, victimization and illegal adverse  actions, ETUR proposes: 

a. adopt a risk management approach to unlawful discrimination and unlawful harassment,  victimization, defamation, and unlawful adverse action that identifies hazards, assesses  risk, and eliminates or controls the source of the problem; 

b. create a work environment that is free from unlawful discrimination and unlawful  harassment, victimization, and unlawful adverse action, and where everyone on the team  is treated with inclusion and respect; 

c. promote appropriate standards of conduct at all times; 

d. implement training and awareness strategies to ensure that all staff are aware of their  rights and responsibilities regarding unlawful discrimination and unlawful harassment,  defamation, victimization, and unlawful adverse actions; 

V. Gender equality in the workforce Recruitment 

[25] Ensure position descriptions, selection criteria and advertisements are expressed in gender neutral  terms 

[26] Regularly review the ETUR’s recruitment process to eliminate any biases. 

[27] ETUR must be transparent about salaries, to ensure that women are not paid less than men in equivalent roles. 

[28] Pay brackets should be an effective way for female candidates and employees to negotiate their salary by giving an indication of reasonable expectations for a particular position. 

[29] ETUR is committed to using skill-based assessments and structured interviews when hiring to reduce the risk of unfair bias. 

[30] ETUR ensures that equal employment opportunities are provided in staff appointments and career development, and that the skills and experience of women are properly valued.  

Promotion 

[31] ETUR is committed to creating a dialogue around 'merit' with managers and supervisors. 

[32] ETUR will encourage the progression of women towards senior leadership through full support in training programs. 

[33] Addressing procedural fairness at all stages of recruitment, selection, and evaluation can also  improve women's sense of ownership and persistence in the competition for senior leadership  positions. 

Recommendations for RH

[34] making questions which are objective, non-discriminatory, gender neutral and avoidant of  unconscious bias.  

[35] scheduling sufficient time for interviews and evaluations of candidates; 

[36] not formulate recommendations about applicants with reflect unconscious bias. 

[37] To make public the results of the selection process. Remuneration 

[38] To standardize the factors that determine the remuneration, loads and allocations established for the positions in the company and tourist service provider. 

[39] To ensure completion of annual pay equity audits. 

[40] In Ecuador, the maximum working day is eight hours a day, according to the Labor Code. If for any reason, the employee stays longer than the regular working day, they are considered overtime. 

a. Types of employee work hours according to the Labor Code  

i. Article 47: Maximum working day.- The maximum working day will be eight hours  a day, so that it does not exceed forty hours a week, unless otherwise provided by  law. The maximum effective working time underground will be six hours a day and  only for supplementary, overtime or recovery hours may be extended for one  more hour, with the corresponding remuneration and surcharges.  

ii. Article 48: Special working day.- The sector commissions and work commissions  will determine the industries in which full-time work is not allowed, and will set  the number of working hours.  

iii. Art. 49: Night working day.- The night shift, understood as that which takes place  between 7:00 p.m. and 06:00 a.m. of the following day, may have the same  duration and will give the right to the same remuneration as the daytime shift,  increased by twenty-five percent.  

b. Types of overtime  

i. Art. 55: Remuneration for additional and extraordinary hours  

1. Extra Hours: Those worked during the day or until 24:00. In this case, the  employer must pay the remuneration corresponding to each of the  overtime hours with a 50% surcharge. If they occur between 12:00 a.m.  and 6:00 a.m., the worker is entitled to a 100% surcharge.  

2. Extraordinary hours: Work done on Saturday or Sunday must be paid with  100% surcharge. The same when they are days of national holidays.    VI. Breastfeeding 

[41] ETUR will provide suitable facilities and arrangements to allow staff members to breastfeed. Use of these facilities is optional. 

[42] All staff have a responsibility to treat people who are breastfeeding with respect and dignity and  to make reasonable adjustments wherever possible without unfavorable treatment. 

[43] Lactation breaks need to be agreed on with the manager and/or supervisor and the staff member and all reasonable steps taken by the manager/supervisor to reasonably accommodate lactation  requirements. 

[44] The number of times members need to feed or express milk will be determined by the individual  needs and age of the child. 

[45] In accordance with the modification of article 155 of the Labor Code in Ecuador, ETUR respects  that working mothers enjoy a maternity leave of 12 weeks (3 months) and a breastfeeding period  of two hours a day for 12 more months, that is, until the child reaches 15 months of age. 

VII. Parental leave  FATHER:

[46] According to the Ecuadorian Labor Code, in the case of paternity leave, this will last 10 days if the  delivery is normal, or 15 days in the case of multiple births (twins, twins, triplets, etc.) or delivery  by cesarean section, with remuneration. 

[47] There are also special cases based on Article 152 of the Labor Code, where the leave can be  extended: 

a. For premature birth or that requires special care: the paternity leave is extended eight  more days. 

b. If the baby is born with a degenerative, terminal/irreversible disease or with a degree of  severe disability: the paid leave is extended for another 25 days. This must be justified with  a medical certificate issued by an IESS physician or by another professional – Validation of  IESS Medical Certificates online. 

c. In the event of the death of the mother during childbirth: the father may use all or the  remaining part of the leave period that would have corresponded to the mother if she had  not died (for the mother, the leave is 12 weeks). 

d. If the child is adopted: the paid leave is 15 days. This starts from the date the child was  legally delivered.