Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Ecuador (Ratification: 1978)

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 matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. The Government's report contains statistics with regard to the number of employees insured under the "occupational injuries" branch of social security. While noting this information, the Committee wishes to point out that, in order to be in a position to assess whether the requirements of this provision of the Convention are fulfilled, it is also necessary to know the number of employees in industrial undertakings. The Committee therefore hopes that the Government can supply with its next report statistics not only concerning the total number of employees protected, but also the number of employees in industrial undertakings, as defined in Article 1(c).

Article 8. The Government states that the Higher Council of the Ecuadorian Institute of Social Security (IESS) is currently preparing new draft regulations on employment injuries insurance which, among other reforms, include an up-to-date list of occupational diseases. It adds that it has taken note of the Committee's comments in this respect and has transmitted them, with its recommendations, to the competent authorities. The Committee takes due note of this information. It therefore hopes that the draft regulations will be adopted in the near future and that they will contain a list of occupational diseases and the activities liable to cause them in accordance with Schedule I annexed to the Convention. (In this connection, the Committee refers to the comments made in its previous direct request with regard to sections 4, 5 and 6 of the draft regulations on occupational injuries insurance, which was transmitted with the previous report of the Government.)

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) (amount of periodical benefits paid in the event of temporary incapacity, permanent incapacity and the death of the family breadwinner). The Committee notes that the information supplied by the Government does not enable it to assess the way in which effect is given to these Articles of the Convention. It would therefore be grateful if the Government would indicate in its next report whether it intends to have recourse to Article 19 or Article 20 for the purposes of comparing the amount of the periodical benefits prescribed under national legislation with the minimum level required by the Convention. It also requests the Government to supply the statistical information called for by the report form under Articles 19 or 20 of the Convention. If the Government intends to have recourse to Article 19, please supply information with particular regard to the maximum amount of periodical benefits paid in respect of each of the three above contingencies and the wage of a skilled manual male employee selected in accordance with paragraph 6 or 7 of Article 19. If the Government intends to have recourse to Article 20, please indicate the minimum amount of periodical benefits paid in respect of each of the above contingencies, and the wage of an ordinary adult male labourer selected in accordance with paragraph 4 or 5 of Article 20. Please also supply information concerning, if this is the case, the amount of family allowances paid during employment and during the contingency.

Article 21. The Committee would also be grateful if the Government would supply in its future reports the information called for under this Article of the Convention by the report form adopted by the Governing Body concerning the adjustment of the benefits prescribed in Articles 14 and 18 of the Convention, as a result of substantial changes in the cost of living.