Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Nursing Personnel Convention, 1977 (No. 149) - Ecuador (Ratification: 1978)

Articles 2, 5 and 6 of the Convention. Employment and working conditions for nursing personnel – Consultations – Regulation of hours of work. The Committee had previously noted the comments of the Ecuadorian Medical Federation (FME) according to which the provisions of the Organic Public Service Act (LOSEP) of 2010, particularly section 47(k) regulating compulsory redundancies with termination payments, and Executive Decree No. 813 of 2011 setting out the procedure for such redundancies, were contrary to Articles 2, 5 and 6 of the Convention since they were adopted without social dialogue, provided no opportunity for workers to intervene whether administratively or judicially, and permitted arbitrary dismissals of medical personnel. The Federation had also alleged that the new laws had increased the working hours to eight hours per day, which violated constitutionally protected rights of workers engaged in dangerous and unhealthy occupations. The Committee also noted that a Constitutional Court ruling was pending on the constitutionality of LOSEP and that the Government was considering labour law reforms based on the recommendations of an ILO technical assistance mission carried out in February 2011. The Committee notes the Government’s reply – dated 25 January 2013 – on the issues raised by the FME. The Government indicates that the reforms to the public service, including the public health service, fall within the legitimate authority of the Executive and are aimed at improving the efficiency of these services. The Government further indicates that compulsory redundancies with termination payments under section 47(k) of the LOSEP respond to the need of downsizing the public sector and are similar to the dismissal procedure under the Labour Code. It also points out that the workers affected by this procedure were compensated according to the law. Regarding the equality of treatment between nursing personnel and other workers with respect to working time, the Government indicates that the legislation complies with Article 6 of the Convention. The Committee requests the Government to keep it informed of developments regarding labour law reforms based on the recommendations of the ILO technical assistance mission that visited the country in 2011. Finally, it requests the Government to provide its response to the Committee’s last comment formulated in 2009 addressing a number of issues concerning national law and policy with respect to nursing services and nursing personnel.