Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ecuador (Ratification: 1959)

The Committee notes the Government's report.

The Committee observes that the Government requested the technical assistance of the Office to bring the legislation into conformity with the provisions of the Convention and that a mission visited the country from 4-10 September 1997. The Committee notes with interest that during the mission one Bill was drafted providing for the repeal or amendment of certain legislative provisions commented on by the Committee in its previous observations and direct requests.

Specifically the Committee observes that the draft Bill in question provides for (i) the repeal of section 1 of Decree No. 2260 which imposes the previous advice of the National Secretariat of Administrative Development on draft collective agreements in the public sector; and (ii) the addition to section 3, paragraph (g), of the Act pertaining to the Civil Service and Administrative Careers whereby workers in official departments or other public sector institutions as well as private sector institutions in the social or public spheres are covered by the Labour Code, thereby enabling these workers to enjoy the right to organize and the right to bargain collectively.

Moreover, the Committee notes that according to the mission report, teaching staff and heads of educational institutions as well as those who carry out technical and professional functions in the education sector are subject to the laws pertaining to education and the salary scales of teachers referred to in section 3(h) of the Civil Service and Administrative Careers Act, and therefore do not enjoy the right to organize and to bargain collectively.

Finally, the Committee recalls that in its previous observation it had requested the Government to take measures: (i) to include in its legislation provisions which guarantee protection against acts of anti-union discrimination at the time of recruitment; and (ii) to amend the unnumbered section in the Labour Code (which figures at the end of section 230) relating to the submission of a draft collective agreement which provides in its second paragraph that "in public sector institutions, entities and enterprises or those in the private sector in the social or public sphere, in which no works committees exist, the workers subject to the Labour Code shall set up a sole central committee, be it on the national, regional, provincial or branch level, as appropriate, established by more than 50 per cent of the said workers" so that when minority trade unions do not meet this percentage, they may, on their own or jointly, negotiate at least on behalf of their own members.

After having taken note of the mission report and the Government's report, the Committee finds it surprising that the Government does not mention in its report the draft Bill drawn up during the technical assistance mission. In these circumstances, the Committee must insist that the Government take the necessary measures as soon as possible to bring its legislation and practice into conformity with the Convention. The Committee expresses the firm hope that the Government will transmit information in its next report on any progress made relating to these questions raised for the past several years.

[The Government is requested to supply full particulars to the Conference at its 86th Session.]