Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the Government’s report.

The Committee notes that section 94 of Chapter XII of the Basic Act of 29 February 2000 on the economic transformation of Ecuador which concerns the Labour Code reform, explicitly prohibits any revision or increase of the supplementing bonus or the compensation for the cost-of-living increase, or the introduction of any other wage or remuneration supplement. The Committee observes that section 95 of the same Act provides that the current amendments of the Labour Code are mandatory, unless there is some provision to the contrary in existing collective agreements or legally concluded contractual arrangements, for as long as they remain in force and unless agreed otherwise. The Committee requests the Government to state in its next report whether, under section 95, employers and their organizations and workers’ organizations are free to include in collective agreements wage adjustment clauses that take account of cost-of-living increases.