Plantations Convention, 1958 (No. 110) - Ecuador (RATIFICATION: 1969)

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Application in practice. The Committee takes note of the human rights compliance report of the Ombudsman’s Office of 18 February 2019 regarding the precarious situation in which workers and their families, including women, children and older persons, live and work on Manila hemp estates owned by a Japanese company. During visits to the camps carried out by members of the Ombudsman’s Office between 30 October 2018 and 26 January 2019, it was noted that more than 200 people, most of whom are of African descent, live and work in conditions of extreme poverty and are subject to numerous human rights violations, contrary to the provisions of this Convention. The Committee notes that, according to the above-mentioned report, the company owns the land and is the only beneficiary of the Manila hemp fibre extraction work. In order to avoid formalizing the employment relationship with each of the workers who have lived and worked on its estates, for more than 56 years, the company has implemented a practice by which it rents out plots of land to tenants or contractors who are subordinate to estate administrators and managers, and who are the only ones to have an employment contract with the company. According to the report, such rental agreements run contrary to the prohibition of intermediation under the Labour Code, and their sole purpose is to enable the company to circumvent its legal obligations. The Committee notes that the Ombudsman’s Office recorded cases of slavery, racial discrimination and child labour and that the workers lack employment contracts and receive low wages. It was also noted that housing on the camps is ramshackle, old and gloomy, and lacks ventilation, drinking water, electricity and sanitary facilities. In addition, the camps lack access to basic healthcare services, childcare services, schools and other social services, given that they are located in remote areas and the roads and entrances to them are controlled by the company. Lastly, the Committee notes from the information provided by the Government in its replies to the joint communication AL ECU 4/2019, of 3 April 2019, signed by nine special procedures mandate holders of the United Nations Human Rights Council, with respect to the situation of the workers and their families on the estates. In particular, the Government reported on the various measures implemented by the competent authorities to eliminate and punish identified human rights violations and to restore the rights of the workers and their families. The Government reports that these measures included the temporary closure of the company’s premises, and the creation of a Standing Inter-Agency Working Group to address the specific issues arising from the case. The Committee requests the Government to communicate detailed updated information on the follow-up given to the infringements identified in the report of the Ombudsman’s Office, including measures taken and envisaged to ensure that the workers and their families living on the Japanese company’s Manila hemp estates are compensated for underpayment or non-payment of wages suffered and receive compensation for the years during which they were subjected to these violations, and that, going for work, enjoy decent working and living conditions. The Committee also requests the Government to send detailed updated information on the socio-economic conditions on the country’s plantations and on the measures taken or envisaged to improve those conditions. The Committee further requests the Government to send updated information on the different categories of worker to whom the Convention applies.

Articles 5 to 19 of the Convention. Engagement and recruitment of migrant workers. In its previous comments, the Committee noted the Government’s indication that migrant workers are recruited directly through the employer rather than through private recruitment agencies, in accordance with section 560 of the Labour Code and the Immigration Law. The Committee also noted that the Ministry of Labour Relations was gathering information on the number of migrant workers, their working conditions and types of plantations on which they worked. In this regard, the Committee requested the Government to provide detailed information on the engagement of migrant workers, through employers and public agencies, and information on the conclusions of the above-mentioned study produced by the Ministry of Labour Relations. The Committee notes the Government’s indication that, between 2016 and May 2018, there were 14,240 migrants (1,760 employed) and 236,436 foreigners registered (953 employed) on the page of the Red Socio Empleo public employment agency. The Committee notes, however, that the Government does not provide specific information on the engagement of migrant workers on plantations. The Committee once again requests the Government to provide specific detailed information on the legislation applicable to the engagement and recruitment of migrant workers on plantations. In addition, the Committee once again requests the Government to provide detailed updated information on the number of migrant workers (disaggregated by sex and age) who work on the plantations, their working conditions and the type of plantations on which they work.

Articles 24 to 35. Wages. The Committee notes that, for more than ten years, it has been requesting the Government to provide information on the number of plantation workers who receive the minimum wage. In its previous comments in 2015, the Committee also requested the Government to indicate the measures taken or envisaged to eliminate the gap between the basic monthly minimum wage and the cost of a basic basket of goods. The Committee notes the Government’s indication that it does not possess information on plantation workers’ wages. With respect to the gap between the basic monthly wage and the cost of a basic basket of goods, the Government reports that, according to statistical information from the National Institute of Statistics and Censuses, in 2017 a basic basket of goods cost US$708.98, while monthly family income stood at US$700, resulting in a 1.27 per cent drop in consumption. The Committee observes, however, that the Government does not provide specific information on how the price of a basic basket of goods compares with plantation workers’ wages. The Committee requests the Government to indicate whether it has taken measures to encourage the setting of minimum wages through collective agreements freely entered into by trade unions representing the workers concerned and by employers or employers’ organizations, and requests the Government to provide copies of the collective agreements applicable to the sector. The Committee also requests the Government to take the necessary steps to gather information on the application in practice of the minimum wage in the plantation sector, particularly statistical information on the results of labour inspections in this regard. The Committee requests the Government to provide this information once it has been gathered. The Committee also once again requests the Government to provide specific updated information on how the price of a basic basket of goods compares with plantation workers’ wages.

Articles 36 to 42. Annual holidays with pay. For more than ten years, the Committee has been requesting the Government to indicate the measures taken or envisaged in order to harmonize, among other provisions, section 75 of the Labour Code with the provisions of the Covenant. That section enables workers to forgo taking their annual leave over three consecutive years in order to use their accrued annual leave in the fourth year. In this regard, in its previous comments, the Committee recalled that, in line with Article 41 of the Convention, any agreement to relinquish the right to an annual holiday shall be void. The Government refers to the approval of Ministerial Order No. MDT-2017-0029 of the Ministry of Labour, published in Official Register No. 989 of 21 April 2017, issuing the new Regulations governing special employment relations in the agricultural, livestock and agro-industrial sector. The Government indicates that these Regulations are applicable to plantation workers. The Committee notes that section 1 of the Ministerial Order provides that it governs conditions of work for activities relating to, inter alia, the agricultural sector, which includes tillage and cultivation of the ground and/or plants, including horticultural and banana production. The Committee notes, however, that the Regulations do not govern the paid annual leave system for plantation workers. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to bring section 75 of the Labour Code into line with Article 41 of the Convention.

Articles 46 to 52. Maternity protection. In its previous comments, the Committee requested the Government to indicate whether in national law or practice, in cases where childbirth occurs after the presumed due date, prenatal leave shall always be extended until the actual date of childbirth, without any reduction in postnatal leave, in keeping with Article 47(5) of the Convention. The Government refers to section 152 of the Labour Code, which provides that all female workers shall be entitled to 12 weeks’ paid maternity leave. The Government indicates that the section following section 152 provides that, once the maternity or paternity leave is over, workers shall be entitled to up to an additional nine months’ unpaid leave on an optional and voluntary basis. The Committee requests the Government to indicate whether plantation workers who give birth after their due dates are entitled, after giving birth, to at least six weeks of the paid leave provided for under section 152 of the Labour Code, in line with the provisions of Article 47 of the Convention.

Articles 54 to 70. Right to organize and collective bargaining and freedom of association. The Committee recalls that, for more than ten years, it has noted that the conditions in which trade union activities are conducted are extremely harsh, particularly in the banana industry, resulting in a particularly low unionization rate. The Committee also refers to its observation of 2018 relating to the application by Ecuador of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in which it noted the observations of the Trade Union Association of Agricultural, Banana and Rural Workers (ASTAC), according to which Ministerial Orders Nos MDT-029-2017, MDT-074-2018 and MDT 096 2018, which establish new forms of contract for banana plantation workers and agricultural workers, obstruct the effective exercise of the right to collective bargaining in those sectors. Furthermore, the Committee notes the Government’s indication that, according to the Integrated System of Labour Organization Registration (SINROL), there are 20 workers’ organizations on plantations and in banana companies. The Committee requests the Government to send updated detailed information on measures taken or envisaged to guarantee the right to association in practice of plantation employers and workers. The Committee also requests the Government to provide detailed information on the impact of these measures on the exercise of that right, including the number of plantation workers’ and employers’ organizations registered under the Integrated System of Labour Organization Registration (SINROL).

Articles 71 to 84. Labour Inspection. In its previous comments, the Committee reiterated its request to the Government to provide statistics on plantation inspections, showing reported infringements of labour provisions (including with regard to working hours, wages, health and safety, maternity leave and child labour) and the penalties imposed on perpetrators. The Committee also requested the Government to indicate measures taken or envisaged to ensure that labour inspections are no longer conducted in a sporadic manner and that labour inspectors’ reports are submitted to the relevant authority at least once a year. The Government indicates that in 2017, the Cuenca Regional Directorate of Labour and Public Service conducted 25 labour inspections on banana plantations, which confirmed due compliance with the labour legislation, including in relation to the prohibition of child labour and occupational safety and health (OSH) standards. The Government added that those inspections are conducted in coordination with the Regional Directorate Departments for Occupational Safety and Health and for the Prevention and Eradication of Child Labour (PETI). The Committee notes, however, that the Government does not provide information on the number of banana plantations in the Cuenca region, or whether the 25 inspections mentioned were announced or unannounced, the duration of the inspections, or the outcomes of these. The Committee further notes that the Government does not provide information on inspections conducted in other parts of the country. The Government also indicates that, between June 2017 and 2018, training and awareness-raising were conducted, in which 1,459 people were trained on issues such as legislation on working times, wages, maternity leave and the prohibition of child labour. The Government further indicates that 1,966 individuals took part in various activities, such as training, workshops and labour inspections, in order to raise awareness and promote compliance with OSH standards. The Committee notes, however, that the Government does not specify whether those activities were conducted with regard to working conditions on plantations. The Committee requests the Government to send detailed updated information on the inspections conducted on plantations throughout the country, showing reported infringements of labour provisions (especially in areas such as working hours, wages, health and safety, maternity leave and child labour) and the penalties imposed on perpetrators. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that labour inspections are no longer conducted in a sporadic manner and that labour inspectors’ reports are submitted to the competent authority at least once a year, in accordance with Article 84 of the Convention.

Articles 85 to 88. Housing. In its previous comments, the Committee requested the Government to continue providing information on measures adopted to promote adequate housing for plantation workers and to indicate the minimum standards and specifications for housing provided to plantation workers under the Rural Housing Programme. The Committee notes the Government’s reference to the adoption of Ministerial Order No. AM 027-15 of 24 August 2015, issuing the Regulations for the operation of the housing incentives system (SIV). The Regulations set out the conditions, requirements, procedures and approvals under the SIV in order to facilitate access to decent housing for various population groups. The Government also refers to objective 1 of the 2017-2021 “Lifelong Rights” National Development Plan for “ensuring a life of dignity and equal opportunity for all”, whose programme includes providing vulnerable groups with housing of at least 49m2, ensuring universal accessibility. Under that objective, Ministerial Order No. MIDUVI 002-2018-05-16 was adopted on 16 May 2018, approving the policy and guidelines for the development of social housing projects and its beneficiaries, and establishing the requirements and procedures for the construction of social housing and the eligibility of its beneficiaries. The Committee notes, however, that the Government does not indicate whether plantation workers are among the groups benefiting from these measures and does not include any specific information in its report about minimum housing standards and specifications established for plantation workers. The Committee therefore requests the Government to provide specific information on measures taken to promote adequate housing for plantation workers and to indicate the minimum standards and specifications for housing provided to plantation workers.

Articles 89 to 91. Medical care. In its previous comments, the Committee noted that, according to various sources, banana plantation workers were highly exposed to pesticides during crop spraying. The Committee therefore reiterated its request to the Government to indicate the measures taken or envisaged to provide appropriate medical care for plantation workers and their families. The Committee notes the Government’s reference to the adoption of the Banana Industry Health and Safety Manual under the Banana Occupational Health and Safety Initiative (BOHESI). A number of stakeholders helped produce the manual, including the Ministry of Labour, the Ecuadorian Social Security Institute (IESS) and the Association of Ecuadorian Banana Exporters (AEBE). The manual comprises two parts: (i) a technical manual to provide an overall understanding of the measures necessary to improve OSH; (ii) a specific manual intended to ensure workers are familiar with basic safety measures. The main aim of the manual is to generate an OSH culture in the Ecuadorian banana industry, through training and promotional programmes so that employers, workers, suppliers and contractors are aware of and implement control measures aimed at ensuring an appropriate and conducive working environment, ensuring workers’ health, integrity, safety, hygiene and well-being. The manual therefore provides, among other activities, for publicizing its prevention and control measures, and for the creation of OSH committees. The Government reports that the manual is available for banana industry employers and producers on the Ministry of Labour’s e-learning platform. The Government also indicates that the Ministry of Labour is developing a proposal to encourage the production of health and safety manuals covering various economic activities involving plantations. However, the Committee notes that the Government does not provide any information on measures taken or envisaged to provide medical care to plantation workers and their families. The Committee once again requests the Government to provide detailed updated information on the measures taken or envisaged to provide appropriate medical care to plantation workers and their families.

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Articles 5–19 of the Convention. Engagement and recruitment of migrant workers. In its previous comment, the Committee noted the Government’s indication that professional recruiting is done by public or private placement agencies only where these agencies are authorized to do so. However, the Committee notes the Government’s indication that the recruitment of migrant workers is done directly through the employer rather than through private recruitment agencies, in accordance with section 560 of the Labour Code and the Immigration Law. The Committee also notes the documentation and statistical information provided by the Government, especially the legislation implementing the Andean Community’s Decision 545 of 25 June 2003 and the bilateral agreements with Peru. The Committee further notes that the Ministry of Labour Relations is preparing information regarding the number of labour migrants, their working conditions, and the types of plantations on which they work. The Committee requests the Government to provide further information on the recruitment of migrant workers through employers and public agencies, as well as information on the Ministry of Labour Relations’ findings regarding the number of labour migrants, their working conditions, and the types of plantations on which they work.

Articles 24–35. Wages. The Committee notes once again that the Government has not indicated the number of plantation workers who benefit from the minimum wage for agricultural workers. The Committee however notes the Government’s statistical information which indicates that the disparity between workers’ purchasing power based on the minimum wage and the cost of a basic basket of goods has substantially decreased since 2007. Further, the Committee notes that the minimum wage fixing for plantation workers was developed through tripartite sectoral committees with ILO technical assistance. The Committee notes, however, that while the Government indicates that US$318 per month is the minimum wage for workers in general, it has not indicated the number of plantation workers who benefit from that minimum wage. Accordingly, the Committee once again requests the Government to indicate the number of plantation workers who benefit from the minimum wage. The Committee additionally requests the Government to indicate measures taken or envisaged to eliminate the gap between the base monthly minimum wage and the cost of a basic basket of goods.

Articles 36–42. Annual holidays with pay. The Committee notes the Government’s indication that section 74, which allows an employer to deny a worker annual leave for one year, applies only to workers performing technical or confidential work who would be difficult to replace for a short time, and that section 69 entitles all workers to a minimum of 15 days leave annually. Additionally, the Committee notes once again that section 75 of the Labour Code permits workers to not use their annual leave for three consecutive years and take all of their accumulated leave in the fourth year. The Committee recalls that Article 41 of the Convention voids any agreement to forgo annual leave. The Committee once again requests the Government to indicate measures taken or envisaged to bring section 75 of the Labour Code in line with the provisions of the Convention.

Articles 46–52. Maternity protection. The Committee notes the Government’s indication of numerous provisions in its national legislation which protect pregnant workers as well as those who have recently given birth. The Committee notes, however, that the Government has not identified a provision in the national legislation which guarantees that when confinement takes place after the presumed date of confinement, the leave taken before the presumed date shall be extended until the actual date of confinement with no reduction in the period of compulsory postnatal leave, in accordance with Article 47(5) of the Convention. The Committee requests the Government to clarify whether the requirements of Article 47(5) are guaranteed in national legislation or national practice.

Articles 54–70. Right to organize and collective bargaining and freedom of association. The Committee had previously noted that the conditions for carrying out trade union activities in banana plantations were extremely hard and accounted for the very low unionization rate. The Committee notes the Government’s indication that, since 2012, it has begun aggregating information on trade unions under the Integrated System of Labour Organization Registration (SINROL). The Committee requests the Government to provide information on the number of plantations that have trade unions, as identified through SINROL.

Articles 71–84. Labour Inspection. The Committee notes that the statistical information provided by the Government does not provide any specific data on inspections conducted on plantations, but rather provides general information on inspections in all sectors of labour. Accordingly, the Committee once again requests the Government to provide statistics of inspections in plantations showing infringements of labour provisions reported (especially in areas such as hours of work, wages, safety and health, maternity, and the employment of minors) and the sanctions imposed on violators. The Committee also requests the Government to indicate measures taken or envisaged to ensure that labour inspections are no longer conducted in a sporadic manner and that reports from labour inspectors are submitted to the relevant authority at least once a year, as required by Article 84 of the Convention.

Articles 85–88. Housing. The Committee takes note of the Ministry of Urban Development and Housing’s Rural Housing Program, which provides housing to rural workers and their families that do not have the economic capacity to secure accommodations. The Committee requests the Government to keep providing information on measures taken to encourage adequate housing accommodation for plantation workers and to indicate the minimum standards and specifications for the accommodations provided to plantation workers through the Rural Housing Program.

Articles 89–91. Medical care. The Committee requests once again the Government to provide relevant and specific information on the implementation of the national legislation guaranteeing plantation workers and their families with appropriate medical care. The Committee further requests the Government to provide specific information on the medical services provided to plantation workers and their families who have been exposed to pesticides.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. The Committee notes the Government’s statement that professional recruiting is done by public or private placement agencies only where these are so authorized. It notes that the Government provides no new information on the number of agencies approved and the number of persons recruited by them. It accordingly asks the Government to provide more detailed information on this matter and on the recruitment of migrant workers in instances outside the competence of placement agencies. Furthermore, the Committee again asks the Government to send information on the engagement and recruitment of migrant workers, both national and foreign, and to specify the number of labour migrants, their working conditions and the types of plantation on which they work. The Committee further asks the Government to refer to its comment of 2012 under the Migration for Employment Convention (Revised), 1949 (No. 97).

Part IV (Wages), Articles 24–35. The Committee takes note of Decree No. 00189 of 27 December 2007 fixing the minimum wage for agricultural workers at US$200 per month. It notes that the Government provides no information on the number of plantation workers to whom this rate applies. It accordingly asks the Government once again to provide information on this matter and on the impact of the current minimum wage on the purchasing power of plantation workers in terms of a basic basket of goods. It refers in this connection to its observation under the Minimum Wage Fixing Convention, 1970 (No. 131), in which it asks the Government to take all necessary steps to ensure the application of adequate minimum wage rates to enable workers to meet their essential needs and those of their families. It also refers the Government to its comments of 2012 under the Protection of Wages Convention, 1949 (No. 95). It would be grateful if the Government would provide detailed information on the number of inspections carried out in the plantations sector and the results obtained in terms of payment of minimum wages.

Part V (Annual holidays with pay), Articles 36–42. The Committee notes the Government’s reference to sections 69–78 of the Labour Code codified in 2005 (Codification of the Labour Code 2005-017). The Committee notes, as it did previously in its comments of 2008 under the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), that section 74 of the Labour Code allows the employer, in specific cases, to deny a worker holiday for one year, whereas under section 75 workers may postpone their holidays for three years running and take them all together in the fourth year. The Committee again points out that according to the provisions of the Convention, plantation workers must be granted an annual holiday with pay (Article 36) the minimum duration of which must be determined by national laws or regulations, collective agreement or arbitration award, or in any other manner approved by the competent authority (Article 38), and that any agreement to relinquish the right to an annual holiday with pay or to forego such a holiday shall be void (Article 41). The Committee requests the Government to indicate the measures taken or envisaged in order to bring its legislation into line with the provisions of the Convention on this point.

Part VII (Maternity protection), Articles 46–50. Further to its previous comments, the Committee requests the Government to refer to the comments made in 2011 under the Maternity Protection Convention (Revised), 1952 (No. 103), particularly as regards the right to breaks for breastfeeding. It hopes that the Government will take all necessary steps to insert into the Labour Code a provision establishing expressly that where the confinement takes place after the presumed date, the leave taken before the presumed date shall be extended until the actual date of the confinement, and that the period of compulsory postnatal leave shall not be reduced on that account, in accordance with Article 47(5) of the Convention.

Parts IX and X (Right to organise and collective bargaining. Freedom of association), Articles 54–70. The Committee understands that the conditions for carrying out trade union activities in banana plantations are extremely hard and account for the very low unionization rate. It would appear that in 2007 only seven of the 6,000 banana plantations existing in the country had a trade union. The Committee requests the Government to refer to its comments made in 2011 under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee notes the Government’s reference to the Ecuadorian Agricultural Health Service (Servicio Ecuatoriano de Sanidad Agropecuaria – SESA) and to the Ministry of Agriculture’s inspectors. It notes that apart from this reference, the Government provides no specific information about inspections in plantations. It reminds the Government that, according to Article 81 of the Convention, workplaces must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, and that the Government must require inspectors to submit periodical reports on the results of their work at least once a year (Article 84). The Committee again asks the Government to indicate the measures taken or envisaged to ensure that the inspection services actively enforce labour standards in plantations. It also asks the Government to send statistics of inspections in plantations showing infringements of labour provisions reported (especially in areas such as hours of work, wages, safety and health, maternity and the employment of minors), and the sanctions imposed. The Committee furthermore asks the Government to refer to the comments made in 2012 under the Labour Inspection Convention, 1947 (No. 81).

Part XII (Housing), Articles 85–88. The Committee notes that the Government has sent no new information on this matter. It requests the Government once again to indicate the measures taken or envisaged to encourage the provision of adequate housing accommodation for plantation workers and to provide information on the results of any consultations held in this connection with the employers’ and workers’ organizations. It also asks the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers.

Part XIII (Medical care), Articles 89–91. The Committee notes that the Government has provided no new information on this matter. It also notes that, according to various sources, for workers in banana plantations pesticide exposure is high owing to aerial spraying. Accordingly, the Committee once again asks the Government to indicate the measures taken or envisaged to encourage the provision of appropriate medical services for plantation workers and their families. It also asks the Government to state whether there are any provisions on medical services for plantation workers and their families, particularly in the light of the information indicating serious health problems among workers on banana plantations due to exposure to pesticides and other chemicals.

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Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. The Committee notes the Government’s statement that professional recruiting is done by public or private placement agencies only where these are so authorized. It notes that the Government provides no new information on the number of agencies approved and the number of persons recruited by them. It accordingly asks the Government to provide more detailed information on this matter and on the recruitment of migrant workers in instances outside the competence of placement agencies. Furthermore, the Committee again asks the Government to send information on the engagement and recruitment of migrant workers, both national and foreign, and to specify the number of labour migrants, their working conditions and the types of plantation on which they work. The Committee further asks the Government to refer to its comment of 2009 under the Migration for Employment Convention (Revised), 1949 (No. 97).

Part IV (Wages), Articles 24–35. The Committee takes note of Decree No. 00189 of 27 December 2007 fixing the minimum wage for agricultural workers at US$200 per month. It notes that the Government provides no information on the number of plantation workers to whom this rate applies. It accordingly asks the Government once again to provide information on this matter and on the impact of the current minimum wage on the purchasing power of plantation workers in terms of a basic basket of goods. It refers in this connection to its observation under the Minimum Wage Fixing Convention, 1970 (No. 131), in which it asks the Government to take all necessary steps to ensure the application of adequate minimum wage rates to enable workers to meet their essential needs and those of their families. It also refers the Government to its comments of 2007 under the Protection of Wages Convention, 1949 (No. 95). It would be grateful if the Government would provide detailed information on the number of inspections carried out in the plantations sector and the results obtained in terms of payment of minimum wages.

Part V (Annual holidays with pay), Articles 36–42. The Committee notes the Government’s reference to sections 69–78 of the Labour Code codified in 2005 (Codification of the Labour Code 2005-017). The Committee notes, as it did previously in its comments of 2009 under the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), that section 74 of the Labour Code allows the employer, in specific cases, to deny a worker holiday for one year, whereas under section 75 workers may postpone their holidays for three years running and take them all together in the fourth year. The Committee again points out that according to the provisions of the Convention, plantation workers must be granted an annual holiday with pay (Article 36) the minimum duration of which must be determined by national laws or regulations, collective agreement or arbitration award, or in any other manner approved by the competent authority (Article 38), and that any agreement to relinquish the right to an annual holiday with pay or to forego such a holiday shall be void (Article 41). The Committee requests the Government to indicate the measures taken or envisaged in order to bring its legislation into line with the provisions of the Convention on this point.

Part VII (Maternity protection), Articles 46–50. Further to its previous comments, the Committee requests the Government to refer to the comments made in 2009 under the Maternity Protection Convention (Revised), 1952 (No. 103), particularly as regards the right to breaks for breastfeeding. It hopes that the Government will take all necessary steps to insert into the Labour Code a provision establishing expressly that where the confinement takes place after the presumed date, the leave taken before the presumed date shall be extended until the actual date of the confinement, and that the period of compulsory postnatal leave shall not be reduced on that account, in accordance with Article 47(5) of the Convention.

Parts IX and X (Right to organise and collective bargaining. Freedom of association), Articles 54–70. The Committee understands that the conditions for carrying out trade union activities in banana plantations are extremely hard and account for the very low unionization rate. It would appear that in 2007 only seven of the 6,000 banana plantations existing in the country had a trade union. The Committee requests the Government to refer to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee notes the Government’s reference to the Ecuadorian Agricultural Health Service (Servicio Ecuatoriano de Sanidad Agropecuaria – SESA) and to the Ministry of Agriculture’s inspectors. It notes that apart from this reference, the Government provides no specific information about inspections in plantations. It reminds the Government that, according to Article 81 of the Convention, workplaces must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, and that the Government must require inspectors to submit periodical reports on the results of their work at least once a year (Article 84). The Committee again asks the Government to indicate the measures taken or envisaged to ensure that the inspection services actively enforce labour standards in plantations. It also asks the Government to send statistics of inspections in plantations showing infringements of labour provisions reported (especially in areas such as hours of work, wages, safety and health, maternity and the employment of minors), and the sanctions imposed. The Committee furthermore asks the Government to refer to the comments made in 2009 under the Labour Inspection Convention, 1947 (No. 81).

Part XII (Housing), Articles 85–88. The Committee notes that the Government has sent no new information on this matter. It requests the Government once again to indicate the measures taken or envisaged to encourage the provision of adequate housing accommodation for plantation workers and to provide information on the results of any consultations held in this connection with the employers’ and workers’ organizations. It also asks the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers.

Part XIII (Medical care), Articles 89–91. The Committee notes that the Government has provided no new information on this matter. It also notes that, according to various sources, for workers in banana plantations pesticide exposure is high owing to aerial spraying. Accordingly, the Committee once again asks the Government to indicate the measures taken or envisaged to encourage the provision of appropriate medical services for plantation workers and their families. It also asks the Government to state whether there are any provisions on medical services for plantation workers and their families, particularly in the light of the information indicating serious health problems among workers on banana plantations due to exposure to pesticides and other chemicals.

Part V of the report form. Application in practice. The Committee notes that according to various sources of information, working conditions in plantations have not improved and serious problems persist, particularly in the area of freedom of association, child labour, payment of wages, the exposure of agricultural workers to toxic substances and the lack of any effective oversight of plantations on the part of the inspection services. It notes that the Government provides no information in reply to its previous comments, in which the Committee already raised these questions about real working conditions in plantations. The Committee accordingly repeats its request to the Government for detailed information on the social and economic conditions in the plantations and the measures taken or envisaged to improve them. It also asks the Government to provide: (i) extracts of reports of the inspection services indicating the number of inspections carried out in the sector and the results obtained; (ii) statistics on the number of establishments and workers covered by the Convention; (iii) copies of collective agreements applying in the sector; (iv) information on the number of workers’ and employers’ organizations in the sector and the proportion of unionized workers in banana plantations. Lastly, the Committee requests the Government to provide further information showing the importance of the plantation sector for the national economy, for example in terms of gross domestic product, exports or employment, and any other information allowing an assessment of the living and working conditions on plantations.

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The Committee takes note of the Government’s report. It once again notes with regret that the Government merely refers to the provisions of the Labour Code without addressing the application of the Convention in practice and the current living and working conditions of plantation workers.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee notes the Government’s statement that private employment agencies must be established by law and approved in conformity with the regulation on the operation of private employment agencies, published in Official Register No. 285 of 27 March 1998. The Committee requests the Government to supply a copy of the above regulation and to specify the number of agencies approved and the number of persons recruited through these agencies. The Committee also requests the Government to provide information on the engagement and recruitment of migrant workers, both national and foreign, and to specify the number of labour migrants, their working conditions and the types of plantation on which they work.

Part IV (Wages), Articles 24 to 35. The Committee requests the Government to provide information on the minimum wage rates applicable to plantation workers. The Committee also requests the Government to indicate the number of plantation workers covered by statutory minimum wage rates and the number covered by minimum wage rates determined by collective agreements, to provide an indication of the impact of minimum wage on workers’ purchasing power in terms of a basic basket of goods, and to supply reports of labour inspections carried out in the plantation sector to enforce minimum wage legislation. The Committee emphasizes its observation of 2003 relating to Convention No. 131 in which it requests the Government to provide information on the efforts of labour inspection services to ensure compliance with minimum wage legislation, and hopes that the Government will provide this information in its next report and include information on wages in plantations.

Part V (Annual holidays with pay), Articles 36 to 42. The Committee recalls its previous comments relating to Convention No. 101 in which it noted that the provisions of the Labour Code of 1997 on annual holidays were not in conformity with the above Convention. The Committee notes that section 74 of the Labour Code allows the employer to deny the right to holidays, in some cases for one year, while section 75 authorizes workers to accrue holidays for three consecutive years and take them in the fourth year. The Committee recalls that, in accordance with the Convention, plantation workers shall be granted an annual holiday with pay (Article 36) the minimum duration of which shall be determined by national laws or regulations, collective agreement or arbitration award, or in any other manner approved by the competent authority (Article 38), and that any agreement to relinquish the right to an annual holiday with pay, or to forgo such a holiday, shall be void (Article 41).

Part VII (Maternity protection), Articles 46 to 50. The Committee emphasizes its observation of 2003 relating to Convention No. 103 and once again reiterates the hope that the Government will adopt all the measures necessary to incorporate a provision in the Labour Code expressly providing that, where the confinement takes place after the presumed date, the leave taken before the presumed date of confinement shall be extended until the actual date of confinement, and the period of compulsory postnatal leave shall not be reduced, in accordance with Article 47, paragraph 5, of the Convention. The Committee also reminds the Government of the need to introduce a provision in the legislation providing expressly that women employed on plantations may interrupt their work for the purpose of nursing, in accordance with Article 49, paragraph 2. With regard to women employed in enterprises without childcare facilities, the Committee hopes that the Government will take the necessary measures to complete section 155(3) of the Labour Code to ensure that women nursing their children also work a six-hour working day, which shall be counted as a full working day and paid accordingly.

Parts IX and X (Right to organize and collective bargaining; freedom of association), Articles 54 to 70. See the comments of 2003 relating to Conventions Nos. 98 and 87. The Committee trusts that the Government will carry out without delay the necessary legislative reforms on which the Committee has been making comments for several years, so as to ensure full compliance with the provisions of Conventions Nos. 87, 98 and 141.

Part XI (Labour inspection), Articles 71 to 84. The Committee notes with regret that, according to the Government, there is no detailed information on inspections in plantations. The Committee recalls that places of employment must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 81) and that the Government has an obligation to require inspectors to submit periodical reports on the results of their activities at least once a year (Article 84). The Committee requests the Government to describe the measures that have been adopted or are envisaged to ensure that the inspection services actively enforce labour provisions on plantations. The Committee also requests the Government to provide statistical information on the inspections carried out on plantations including the infringements of labour provisions reported (especially in matters such as hours of work, wages, health and safety and child labour) and the sanctions imposed.

Part XII (Housing), Articles 85 to 88. The Committee requests the Government to indicate the measures adopted or envisaged to encourage the provision of adequate housing accommodation for plantation workers and to provide information on the results of any consultations held in this connection with the employers’ and workers’ organizations concerned. The Committee also requests the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers.

Part XIII (Medical care), Articles 89 to 91. The Committee requests the Government to indicate the measures adopted or envisaged to encourage the provision of adequate medical services to workers on plantations and their families, and any consultations held in this connection with the social partners. The Committee requests the Government to indicate whether there are any provisions relating to medical services for workers on plantations and their families in the light of the information indicating serious health problems among workers on banana plantations due to exposure to pesticides and other chemicals.

Part IV of the report form. The Committee notes with concern that, according to various sources of information, the working conditions on plantations - particularly regarding child labour, freedom of association and payment of wages - are far below the minimum standards established in the Convention. The Committee requests the Government to provide in its next report detailed and documented information on the prevailing socio-economic conditions on plantations and on the measures adopted or envisaged to improve them. The Committee also requests the Government to provide: (i) extracts of reports of the inspection services indicating the number of inspections carried out in the sector and their results; (ii) statistical information on the number of enterprises and workers covered by the Convention; (iii) a copy of the collective agreements applying to the sector; (iv) the number of workers’ and employers’ organizations in the sector, and the percentage of banana plantation workers who are unionized. Lastly, the Committee requests the Government to supply additional information which provides an indication of the importance of the plantation sector in the national economy, for example in terms of gross domestic product, total exports or the economically active population, and any other information allowing an assessment of the living and working conditions on plantations.

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The Committee notes the information provided by the Government in reply to its previous comments.

Part II, Articles 7 and 8, of the Convention. The Committee notes the Government's statement to the effect that the national legislation does not require an authorization or licence to be issued to persons engaged in professional recruiting. The Committee recalls that, by ratifying the Convention, the State undertakes to adopt the necessary measures to give effect to its provisions. In this case, it is bound to recall that, in conformity with these provisions, no person or association shall engage in professional recruiting unless they have been licensed by the competent authority. It is not therefore sufficient for the labour official in the place of recruitment to approve the employment contract, as set out in section 28 of the Labour Code, without setting out the requirement that no person or association shall engage in professional recruiting unless they have been licensed by the competent authority. The Committee therefore trusts that the Government will take the necessary measures to give effect to these provisions of the Convention.

Part V, Article 36. See the 1998 observation on Convention No. 101.

Part VII, Article 47, paragraphs 3, 4 and 5; Article 48, paragraph 1; and Article 49. See the 1998 observation on Convention No. 103.

Article 47, paragraph 8. The Committee notes that the Government confines itself to referring to the information provided in the report under Convention No. 103. However, the Committee regrets to note that the report on Convention No. 103 contains no information on the application of this provision of the Convention. The Committee recalls that, in accordance with this paragraph, which is also contained in Convention No. 103, no pregnant woman shall be required to undertake any type of work harmful to her in the period prior to her maternity leave. The Committee trusts that the Government will take the appropriate measures to ensure the application of this provision of the Convention and that it will provide information in its next report on the progress achieved in this respect.

Parts IX and X. See the 1998 observation on Convention No. 87.

Part XI. The Committee hopes that the Government will provide with its next report copies of the periodical reports on inspection activities in plantations.

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The Committee notes the information provided by the Government in its report.

Part II, Articles 7 and 8, of the Convention. In its previous comments, the Committee noted that neither sections 23 to 28 of the Labour Code, which prohibit any engagement or recruitment activity which is not duly authorized by the competent official, nor national practice, include measures which give effect to the above two Articles of the Conventions. The Committee notes the Government's statement that no explicit measures have been enacted to require that a licence to recruit be obtained from the competent authority, as specified above. The Committee requests the Government to supply information on the measures adopted for this purpose.

Articles 12 and 15. In its previous comments, the Committee noted the legal requirements contained in section 41 of the Labour Code and the occupational safety and health regulations. It hoped, nevertheless, that other measures of a legal or practical nature would be taken to ensure that full effect was given to these provisions of the Convention. The Committee notes the Government's statement that no other legislative measures have been taken in this respect. The Committee requests the Government to provide information on the measures which have been taken or are envisaged to give effect to the Convention.

Part V, Article 36. See the 1995 observation concerning Convention No. 101.

Part VII, Article 47, paragraphs 3, 4 and 5; Article 48, paragraph 1; and Article 49. See the 1993 observation concerning Convention No. 103.

Article 47, paragraph 8. In its previous direct request, the Committee noted the information supplied by the Government in its report on Convention No. 103. The Committee observed that the above information did not appear to contain any indications concerning the application of this paragraph of the Convention. The Committee recalls that, according to this paragraph - which does not appear in Convention No. 103 - no pregnant woman shall be required to undertake any type of work harmful to her in the period prior to her maternity leave. The Committee notes the Government's statement that, in view of its scope, section 139 of the Labour Code provides protection for all women workers, even though no specific reference is made to pregnant women. Furthermore, the Committee notes the Government's indication that effect has not yet been given in practice to the above paragraph of the Convention. The Committee therefore hopes that the Government will take the appropriate measures to give effect to this paragraph to the Convention and that it will inform it of any progress made in this respect.

Parts IX and X. See the 1995 observation concerning Convention No. 87.

Part XI. The Committee notes the statistical data supplied in the Government's report concerning labour inspection activities in 1992 and the action taken in 1993 in agriculture, forestry, hunting and fishing. The Committee requests the Government to continue to supply information on this matter and to provide with its next report copies of periodic labour inspection reports concerning plantations.

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The Committee notes the Government's report.

Part II, Articles 7 and 8, of the Convention. In its previous comments, the Committee noted that neither sections 23 to 28 of the Labour Code, which prohibit any engagement or recruitment activity which is not duly authorized by the competent official, nor national practice, include measures which give effect to the above two Articles of the Convention. The Committee notes the Government's statement that no explicit measures have currently been enacted to require that a licence to recruit be issued by the competent authority, as specified above. The Committee requests the Government to supply information on the measures adopted for this purpose.

Article 11. The Committee notes the Government's statement that there are no explicit provisions applicable to cases of internal migration, but that persons who work under an employment relationship are subject to the compulsory social security scheme and are entitled to the medical benefits provided by that scheme, including preventive care, care to improve or recuperate health, rehabilitation, cash benefits and pharmaceutical supplies. The Committee requests the Government to supply the text of the above provisions.

Articles 12 and 15. In its previous comments, the Committee noted the legal requirements contained in section 41 of the Labour Code and the workers' safety and health regulations. It hoped, nevertheless, that other measures of a legal or practical nature would be taken to ensure that full effect was given to these provisions of the Convention. The Committee notes the Government's statement that other measures of a legal or practical nature have not yet been taken to ensure that full effect is given to these provisions of the Convention, and that the labour authorities closely monitor the fulfilment of these obligations by employers. The Committee requests the Government to supply information on the measures which have been taken to give effect to the Convention.

Part V, Article 36. See the direct request of 1993 concerning Convention No. 101.

Part VII, article 47, paragraphs 3, 4 and 5; Article 48, paragraph 1; and Article 49. See the observation of 1993 concerning Convention No. 103.

Article 7, paragraph 8. In its previous direct request, the Committee noted the information supplied by the Government in its report on Convention No. 103. The Committee observed that the above information did not appear to contain any indications concerning the application of this paragraph of the Convention. The Committee recalls that, according to this paragraph - which does not appear in Convention No. 103 - no pregnant woman shall be required to undertake any type of work harmful to her in the period prior to her maternity leave. The Committee notes that the Government's report does not reply to the questions which were raised and it once again requests the Government to indicate the measures which have been adopted or are envisaged to give effect to this paragraph of the Convention.

Parts IX and X. See the observation of 1993 concerning Convention No. 87.

Part XI. The Committee notes the statistics supplied in the Government's report on the activities of the inspection services in 1990 and 1991 in agriculture, forestry, hunting and fishing. The Committee requests the Government to continue to supply information on this matter and to provide with its next report copies of periodic labour inspection reports concerning plantations.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee would be grateful for further information on the following points.

Part II, Articles 7 and 8, of the Convention. The Committee noted that the Labour Code, as well as other legislative texts, prohibit any engagement or recruitment activity which is not duly authorized by the competent official. It hoped, however, that provision will be expressly made to require that a recruitment licence be obtained by the agent concerned, in accordance with these Articles of the Convention. Please indicate what progress has been made in this respect.

Article 11. Given that section 7(II) of the Migration Act refers to cases of international migration, the Committee asked the Government to indicate the provisions, legislative or practical, which apply in the case of internal migration, and which - in all cases - provide for medical supervision during the journey.

Please communicate the text of the Migration Act cited above.

Articles 12 and 15. While noting the general provisions contained in section 41 of the Labour Code and the workers' safety and health regulations, the Committee hoped that the Government will take additional legislative and practical measures to ensure the full application of the provision of the Convention. Please indicate all progress made in this respect.

Part V, Article 36. See the direct request of 1991 concerning Convention No. 101.

Part VII, Article 47, paragraphs 3, 4 and 5, Article 48, paragraph 1, and Article 49. See the comments of 1982 concerning Convention No. 103.

Article 47, paragraph 8. The Committee noted the information referred to by the Government relating to Convention No. 103. The Committee observed that this information does not appear to contain any indication concerning the application of this paragraph of the Convention. The Committee recalled that, according to this paragraph - which does not appear in Convention No. 103 - no pregnant woman shall be required to undertake any type of work harmful to her in the period prior to her maternity leave. It requests the Government to indicate what measures have been taken or envisaged to ensure the application of this paragraph of the Convention.

Parts IX and X. See the observation made under Convention No. 87, as follows:

The Committee notes the discussions that took place at the Conference Committee in 1992 and the Government's report. It also notes the conclusions and recommendations of the Committee on Freedom of Association concerning Case No. 1617 (284th Report, paras. 1004 to 1010).

In its previous comments the Committee noted that the new Act No. 133, amending the Labour Code (published on 21 November 1991 in the Official Gazette) introduces the following provisions which may raise problems in the application of the Convention:

- the increase from 15 to 30 of the minimum number of workers required for the establishment of trade union associations, including works councils (sections 53 and 55);

- the decision by the Ministry of Labour, when there is disagreement between the parties, on the minimum services to be provided in the event of a strike in the services considered as essential, even when the State is party to the dispute (new section 503).

With regard to the first point, the Government states that Article 8, paragraph 1, of the Convention stipulates that in exercising the right to organize workers must respect the law of the land, and that the Convention allows each member State to determine the minimum number of workers in accordance with its own circumstances. The Government considers that in view of the prevailing circumstances in the Ecuadorian economy and productive and social sectors, the minimum number of workers required to form trade unions had to be amended, because it was established in 1938 when industrial and labour development were at their very beginnings.

The Government also states that the dynamics of relation in the productive sector and labour law made it essential and urgent to adjust labour standards on the requisite minimum number of workers, as Ecuador is engaged in a process of subregional economic, customs and industrial integration.

With regard to the Government's reference to Article 8, paragraph 1, of the Convention, the Committee points out that account should also be taken of Article 8, paragraph 2, which states: "The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention".

Although the minimum number of 30 workers would be acceptable in the case sectoral trade unions, as it said in its previous comments, the Committee considers that the minimum number should be reduced in the case of works councils so as not to hinder the establishment of such bodies, particularly when it is taken into account that the country has a very large proportion of small enterprises and that the trade union structure is based on enterprise unions.

As to the Ministry of Labour's responsibility for the decision on minimum services in the event of a strike, when there is disagreement between the parties, the Committee notes that, according to the information contained in the Government's report, Ecuadorian legislation considers that it is a fundamental obligation of the Government to ensure that essential minimum services are provided in the event of strikes in institutions that provide services in the social or public interest.

The Committee also notes that in 1991 the effects of a serious cholera epidemic in Ecuador made the provision of hospital and health services imperative and that there were none the less both regional and national strikes among health workers which completely paralysed medical care, which resulted in loss of life and created a serious risk and a state of emergency for the people deprived of this essential service.

The Committee agrees with the Government's view that preserving the right to life and health of citizens is a fundamental obligation in any society and particularly in societies which are on the brink of poverty, and it has always acknowledged that strikes may be restricted or even prohibited in essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population, such as hospital services.

However, the Committee considers that it would be preferable for the minimum services in public services which are not considered as essential in the strict sense of the term to be determined, where there is disagreement between the parties, by an independent body. The Committee asks the Government to provide information on the application in practice of this provision.

Furthermore, the Committee again notes with regret that the new legislation does not amend the following provisions which are incompatible with the requirements of the Convention, as the Committee has been pointing out for many years:

- the prohibition placed on public servants from setting up trade unions (section 10(g) of the Civil Service and Administrative Careers Act of 8 December 1971);

- the penalty of imprisonment laid down by Decree No. 105 of 7 June 1967 for the instigators of collective work stoppages and for those who participate in them;

- the requirement that members of the executive committees of works councils be Ecuadorian (section 455 of the Labour Code);

- the administrative dissolution of a works council when its membership drops below 25 per cent of the total number of workers (section 461);

- the prohibition placed on unions from taking part in religious or political activities (section 443(11)).

The Committee notes from the information supplied by the Government that, in accordance with the commitment made at the Conference Committee in June 1992, the Ministry of Labour requested the President of the National Congress in Communication No. 92081 of 21 July 1992 to initiate urgently the procedure for the adoption of the draft amendments to the Labour Code which were prepared by an ILO mission in December 1989, in order to eliminate the discrepancies between certain international labour Conventions ratified by the country. It also notes the reply from the Secretary-General of the National Congress to the effect that the procedure for the adoption of the draft amendments to the Labour Code requested by the Ministry would be initiated. The Committee asks the Government to keep it informed of progress in the adoption of these drafts by Parliament and to provide copies of these provisions once they have been adopted.

The Committee again urges the Government to take the necessary measures to bring law and practice into complete conformity with the Convention at an early date and asks it to provide detailed information in this respect in its next report.

The Committee is also addressing a direct request to the Government.

Part XI. The Committee asks the Government to send, with its next report, copies of periodic labour inspection reports concerning plantations.

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Further to its previous comments, the Committee notes with interest the detailed information provided by the Government in its last report. It would be grateful for further information on the following points.

Part II, Articles 7 and 8, of the Convention. The Committee notes from the report that the Labour Code, as well as other legislative texts, prohibit any engagement or recruitment activity which is not duly authorised by the competent official. It hopes, however, that provision will be expressly made to require that a recruitment licence be obtained by the agent concerned, in accordance with these Articles of the Convention. Please indicate what progress has been made in this respect.

Article 11. Given that section 7(II) of the Migration Act mentioned in the report refers to cases of international migration, the Committee asks the Government to indicate the provisions, legislative or practical, which apply in the case of internal migration, and which - in all cases - provide for medical supervision during the journey.

Please communicate the text of the Migration Act cited above.

Articles 12 and 15. While noting the general provisions contained in section 41 of the Labour Code and the workers' safety and health regulations, the Committee hopes that the Government will take additional legislative and practical measures to ensure the full application of the provision of the Convention. Please indicate all progress made in this respect.

Part V, Article 36. See the direct request of 1987 concerning Convention No. 101, as follows:

In its previous comments, the Committee had drawn the Government's attention to the fact that the Convention does not provide for the possibility of deferring or accumulating leave and that in consequence section 73 of the Labour Code, which authorises the employer to refuse leave during one year in certain cases, and section 74, which permits the worker not to take his leave for three consecutive years so as to accumulate it in the fourth year, are not in conformity with the Convention.

In reply to these comments, the Government states that the Convention is silent on the question of whether the accumulation of leave is permitted or prohibited, and that the national legislation which provides for leave corresponding to each year of service assures the application of the principle of the Convention.

On this point, the Committee wishes to recall that according to Articles 1 and 3 of the Convention, agricultural workers must be granted an annual holiday of a specified minimum duration and that, according to Article 8, any agreement to relinquish the right to an annual holiday or to forego such a holiday must be void. The Committee expresses the hope therefore that the Government will amend the national legislation on the points mentioned above so as to bring it into conformity with the Convention.

Part VII, Article 47, paragraphs 3, 4 and 5, Article 48, paragraph 1, and Article 49. See the observation of 1987 concerning Convention No. 103, as follows:

1. (a) With reference to its previous observations, the Committee has noted from the information communicated by the Government to the Conference Committee in 1986 and in its last report that it is still its intention to amend sections 153 to 156 of the Labour Code so as to bring the national legislation into full conformity with the Convention, and that it has already undertaken tripartite consultations to this end. Since this question has been the subject of comments for many years and draft amendments of the above-mentioned sections of the Labour Code were already drawn up in 1980 on the occasion of the direct contacts carried out, in the framework of the countries of the Andean Group, between a representative of the Director-General of the ILO and the competent national services, the Committee can only once again express the hope that the amendments to the relevant provisions of the Labour Code will be adopted soon so as to ensure the application of the following provisions of the Convention: Article 3 (paragraphs 2 and 3): Under section 153 of the Labour Code the pre-natal maternity leave is two weeks and the post-natal leave is six weeks, a total of eight weeks, whereas according to the provisions of the Convention the duration of maternity leave must be at least 12 weeks of which six weeks must be taken after confinement; Article 3 (paragraph 4): the national legislation does not contain a provision according to which, in accordance with this provision of the Convention, the pre-natal leave must be extended until the actual date of confinement and the period of compulsory leave to be taken after confinement must not be reduced when confinement takes place after the presumed date; and Article 5 (paragraph 2): the national legislation does not contain a provision stipulating expressly that interruptions of work for the purpose of nursing are to be counted as working hours and remunerated accordingly, in accordance with this provision of the Convention.

(b) As regard Article 4 (paragraph 1) the Committee hopes that when the above-mentioned sections of the Labour Code are revised the period during which cash and medical benefits are provided will be extended so as to coincide with the period of the maternity leave and any additional leave due as a result of illness arising out of pregnancy or confinement or error in estimating the date of confinement, both for women workers covered by the compulsory social insurance scheme, including domestic workers, and for women workers covered by the peasants' social insurance scheme.

2. The Committee has noted the information communicated by the Government in its report concerning the coverage of women home workers. It has also noted with interest the adoption of Legislative Decree No. 21 of 1986 reforming the Compulsory Social Insurance Act and of the Act extending the peasants' social insurance. It requests the Government to continue to provide information on any further extension of the social insurance scheme so as to cover all the categories of women workers referred to in Article 1 of the Convention. The Committee also request the Government to provide, as far as possible, statistic on the number of women workers covered both by the compulsory insurance scheme and by the peasants' social insurance scheme throughout the country, and on their percentage in relation to the women workers of the country as a whole.

Article 47, paragraph 8. The Committee notes the information referred to by the Government in its report relating to Convention No. 103. The Committee observes that this information does not appear to contain any indication concerning the application of this paragraph of the Convention. The Committee recalls that, according to this paragraph - which does not appear in Convention No. 103 - no pregnant woman shall be required to undertake any type of work harmful to her in the period prior to her maternity leave. It requests the Government to indicate what measures have been taken or envisaged to ensure the application of this paragraph of the Convention.

Parts IX and X. See the observation made under Convention No. 87, as follows:

In its previous observations the Committee had commented on the following points:

- the prohibition placed on public servants from setting up trade unions (section 10(g) of the Act on the civil service and administrative careers of 8 December 1971), although they have the right to associate and to appoint their representatives (section 9(h) of the above-mentioned Act);

- the obligation to belong to the undertaking for election to the executive committee of a workers' association (section 445 of the Labour Code of 1978);

- the obligation to be Ecuadorian for membership of the executive committee of a works council (section 455 to the Code);

- the administrative dissolution of a works council when its membership drops below 25 per cent of the total number of workers (section 461 of the Code);

- the prohibition of strikes by public employees (section 503, final subsection, of the Code) and public servants (section 10(g) of the Act on the civil service and administrative careers);

- the prohibition placed on unions from taking part in the activities of political or religious parties, with the requirement that provisions to this effect shall be included in the by-laws of the unions (section 443(11) of the Code);

- the penalty of imprisonment laid down by Decree No. 105 for the instigators of collective work stoppages and form those who participate in them;

- the granting of exclusive rights to bargain collectively to "works councils" (sections 457 and 501 of the Code);

- protection against acts of anti-union discrimination at the time of recruitment.

The Committee also takes note of the report of the direct contacts mission that went to Ecuador in December 1985.

According to this report, the obligation to belong to the undertaking for membership of the executive committee of workers' associations does not raise any problem in practice, since trade union officers who lose their employment continue to exercise their functions until the end of their term of office, and all the trade union organisations have stated that they are in favour of keeping this provision in force.

With regard to the prohibition of strikes by certain categories of worker in the public sector, the mission was informed that the provision in question was amended in 1979 so as to provide for workers in public undertakings and institutions the possibility of calling a strike, subject to giving ten days' notice.

With regard to the granting of exclusive rights to bargain collectively to "works councils", the mission was informed both by the Government and by the trade union organisations that there was no legislative obstacle to collective bargaining for a branch of activity by the federations and confederations. Section 226 of the Labour Code provides for this possibility since it grants the right to bargain collectively to all workers' associations. It is simply the practice of labour relations in Ecuador that favours collective bargaining in the undertaking, during which, moreover, the federations and confederations may assist the first-level unions.

In view of this information obtained by the direct contacts mission, the Committee considers that the provisions in question do not call for further comment by it.

On the other points raised by the Committee, the mission and the Minister of Labour and Human Resources were able together to draw up proposals for the amendment of the legislation, that would be acceptable to the Government and make it possible to meet the comments made by the Committee concerning Conventions Nos. 87 and 98.

The Committee regrets to note that the Government does not refer in its report to the action it intends to take on these proposals. The Committee, therefore, requests the Government to take the necessary stops to give effect to the proposals to amend the legislation and to keep it informed of developments in the situation.

Part XI. The Committee asks the Government to send, with its next report, copies of periodic labour inspection reports concerning plantations.