Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Maternity Protection Convention (Revised), 1952 (No. 103) - Ecuador (Ratification: 1962)

1. Article 3, paragraph 4, of the Convention. Further to its previous comments, the Committee again expresses the hope that measures will be taken to give effect to this provision of the Convention, according to which "the leave before the presumed date of confinement shall be extended by any period elapsing between the presumed date of confinement and the actual date of confinement, and the period of compulsory leave to be taken after confinement shall not be reduced on that account". It asks the Government to report any progress made in this regard.

2. Article 5, paragraph 1. The Committee notes that following the revision of section 156 of the Labour Code by Act No. 133 of 1991 there would appear to be no longer a provision authorising a mother, working in an undertaking of 50 or more workers, to interrupt her work in order to nurse her child. The Committee would like the Government to indicate in its next report the measures taken or contemplated to introduce in the legislation an express provision giving effect to Article 5, paragraph 1, of the Convention, as far as women working in an undertaking of 50 or more workers. The Committee also hopes that in fixing such nursing breaks the Government will take into account the effective needs of the mother and the child (in this respect the 15-minute period for nursing break authorised by former paragraph 2 of section 156 of the Labour Code appears to be too short).

3. Article 5, paragraph 2. The Committee observes that, although section 156 of the Labour Code has been amended by Act No. 133 of 13 November 1991, the national legislation still 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 conformity with this provision of the Convention. It therefore reiterates its hope that the Government will take appropriate measures in the very near future in order to ensure full compliance of the national legislation with the Convention on this point.