Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Ecuador (Ratification: 1978)

The Committee takes note of the Government's report. It notes with interest the statistical data on the number of persons protected.

1. Part V (standards to be complied with by periodical payments), Articles 26 and 27 (in conjunction with Articles 10, 17 and 23).

In response to the Committee's previous comments, the Government provides information on payments made at national level for invalidity, old-age and survivors' benefits. The Committee takes note of this information but observes that it is not sufficient to enable it to ascertain whether the amount of the above benefits attains the percentage prescribed in the schedule appended to Part V of the Convention for the corresponding contingency. It therefore asks the Government to provide statistical information on the amount of the benefits, as required by the report form on this Convention under Article 26 or Article 27 (according to whether the Government wishes to calculate the benefits on the basis of the wage of a skilled manual male employee or the wage of an ordinary adult male labourer).

2. Part V (standards to be complied with by periodical payments), Article 29 of the Convention (review of the pension rates). The Committee notes with interest the information on the reviews of pension rates carried out between 1990 and 1992. However, it asks the Government to provide the data required by the report form under this Article of the Convention so that it can assess the real impact of the pension increases in relation to changes in the general level of earnings or the cost-of-living index. It also asks the Government to provide in each of its reports information on any new increases in this respect.

3. Article 34, paragraph 2 (prescribed procedures permitting a claimant appealing against a refusal of benefit to be represented by a person of his choice). In reply to the Committee's previous comments, the Government refers to the provisions of the Compulsory Social Security Code of 1988 and to the compiled Statutes of the IESS of 1990, concerning the committees responsible for reviewing complaints about the grant of benefits. The Committee observes, however, that none of the above provisions expressly establishes the right of insured persons to be represented or assisted by someone of their choice in an appeal against refusal of benefit or a complaint as to its quality or quantity. The Committee asks the Government to indicate how this right is guaranteed and under which provisions of the law.

4. The Committee again asks the Government to provide the information required under Article 4, paragraph 2, of the Convention concerning the temporary exceptions of which Equador availed itself upon ratifying the Convention.