Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ecuador (Ratification: 1962)

Article 1 of the Convention. In its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee noted the reform process of the Labour Code. Moreover, the Committee has been referring for a number of years to the need to amend section 17(b) of the Regulations issued under the Cooperatives Act, pursuant to which married women require the authorization of their husbands to be members of agricultural housing and family vegetable garden cooperatives. The Committee notes that, according to the Government, the Constitution as the highest norm, prohibits any type of discrimination. The Committee requests the Government, with a view to ensuring that section 17(b) of the Regulations issued under the Cooperatives Act does not lead to discrimination against women, and to achieve greater legislative coherence, to take the necessary measures to repeal section 17(b) of the Regulations. The Committee hopes that the Labour Code will be adopted in the near future, and asks the Government to take the necessary measures to include in the Labour Code a provision prohibiting both direct and indirect discrimination based on at least all of the grounds set out in Article 1(1)(a) of the Convention in respect of access to employment, vocational training and guidance and terms and conditions of employment for all workers, including domestic workers and workers in export processing zones.

Sexual harassment. The Committee recalls its previous observations, noting that sexual harassment is addressed only under the Penal Code, and inviting the Government to take appropriate legislative measures to define and prohibit sexual harassment in employment and occupation. The definition should include both quid pro quo and hostile environment harassment, define those responsible for harassment, such as employers, supervisors and work colleagues and, where possible, clients or other persons linked to the performance of work (see General Survey on fundamental Conventions, 2012, paragraphs 789–794). The Committee requests the Government, in the context of the process of amending the Labour Code, to take the opportunity to include a provision defining and clearly prohibiting sexual harassment. The Committee also asks the Government to consider including a requirement for employers to adopt measures to prevent sexual harassment in the enterprise. The Committee also requests the Government to provide information on any other measures adopted with a view to preventing sexual harassment.

The Committee is raising other points in a request addressed directly to the Government.