Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the Government's report, as well as the information provided by a Government representative to the Conference Committee in June 1999, and the subsequent debate.

In its previous observation the Committee recalls that it had referred to the need to amend: (1) section 3, paragraph (g), of the Civil Service and Administrative Careers Act so that workers in official departments or other public sector institutions as well as private sector institutions in the social or public spheres can enjoy the rights guaranteed by the Convention; (2) include in its legislation provisions which guarantee protection against acts of anti-union discrimination at the time of recruitment; and (3) amend section 229, paragraph 2, of the Labour Code, regarding submission of a draft collective agreement, so that minority trade union organizations which do not include more than 50 per cent of workers subject to the Labour Code may negotiate, on their own or jointly, on behalf of their own members.

In this respect, the Committee regrets that the Government's report does not refer to these questions in a detailed manner. However, the Committee notes that the Government indicates its intent to guarantee the spirit and practice of the Convention and that new efforts are being made both in the Legislature and in other instances to achieve this. The Committee hopes that these will soon yield concrete results. The Committee expresses the firm hope that the measures adopted will permit, as soon as possible, the amendment of these provisions according to the terms of the Convention.

Finally, the Committee recalls that in its previous observation it had referred to the need to extend the right to organize and bargain collectively, not only at the national level but also at local and workplace levels, to teaching staff and heads of educational institutions as well as those who carry out technical and professional functions in the education sector (who 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. In this regard, the Committee notes the Government's indication that the right of association of teaching staff is guaranteed throughout the entire country by the National Union of Education Personnel (UNE), by UNE branch offices at local level in each province and that teaching staff may also form associations in each educational institution as happens in practice. In this connection, so as to bring the legislation into full conformity with practice and with the provisions of the Convention, the Committee requests the Government to take the measures to amend the abovementioned legislation.

The Committee asks the Government to transmit in its next report detailed information on any progress achieved as regards the above questions.