Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the information provided by the Government in its previous reports concerning Articles 1, 3(4)–(5), and 4 of the Convention.

Article 4(5). Women who fail to qualify for benefits. The Committee notes that the IESS is required to provide maternity benefits to all insured persons who comply with the conditions set out in the law. The Committee would be grateful if the Government would indicate the benefits that are received, in accordance with Article 4(5) of the Convention, by women who fail to qualify as a matter of right for the benefits provided by the IESS, and whose employers are in arrears with the payment of contributions.

Article 5(1) and (2). Right to nursing breaks. The Committee urges the Government to supplement subsection 3 of section 155 of the Labour Code, under which women who are nursing their child shall benefit from a working day of six hours, by specifying that this reduced working day shall be counted as a full working day and remunerated accordingly. The Committee also requests the Government to provide copies of collective agreements, internal rules or individual agreements in which it can be seen how these six hours of work are distributed and how they are treated for purposes of remuneration.

Article 6. Dismissal during the period of maternity leave. The Committee notes that the Government’s report does not provide information in relation to Article 6 of the Convention, or Part V of the report form. The Committee trusts that in its next report the Government will provide all the detailed information requested, including information on the provisions respecting the burden of proof in the event of the dismissal of a woman during her maternity leave, and on the interpretation given by national courts concerning the application of section 153 of the Labour Code.