Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the joint observations of Public Services International in Ecuador (PSI–Ecuador) and the National Federation of Education Workers (UNE), received on 28 August 2019, which refer to issues examined in the context of the present comment. The Committee also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, which refer to issues examined in the context of the present comment, as well as specific allegations of anti-union discrimination in the public and private sectors. The Committee requests the Government to provide its comments on the above allegations of anti-union discrimination.

The Committee welcomes the request for technical assistance submitted by the Government to the Office in relation to the legislative reform process and with a view to following up on the observations and recommendations formulated by the ILO supervisory bodies. The Committee trusts that this technical assistance will enable the Government to take the necessary measures regarding the issues raised in previous comments with respect to the present Convention, which are recalled below.

Regarding the application of the Convention in the public sector, the Committee requested the Government to:

• -report on the penalties and compensation applicable to acts of anti-union discrimination and interference committed in the public sector, indicating the legislative or regulatory provisions that establish them;
• -indicate whether, in addition to the leadership of the Civil Service Committee, the leaders of organizations of public servants also have extra protection against the elimination of positions or benefit from other similar measures, including in the event of recourse to the compulsory purchase of redundancy mechanism;
• -provide information with respect to an application for a constitutional review, which, according to PSI–Ecuador and UNE, was submitted in relation to the compulsory purchase of redundancy mechanism; and
• -reopen an in-depth debate with the trade unions concerned with a view to establishing an adequate collective bargaining mechanism for all categories of workers in the public sector covered by the Convention.

Regarding the application of the Convention in the private sector, the Committee requested the Government to:

• -take the necessary measures to ensure that the legislation includes a specific provision guaranteeing protection against acts of anti-union discrimination in access to employment;
• -in consultation with the social partners, take the necessary steps to amend section 221 of the Labour Code so that where there is no organization with over 50 per cent of the workers as members, minority trade unions may, either alone or jointly, at least negotiate on behalf of their members;
• -communicate their comments on the observations of the Trade Union Association of Agricultural, Banana and Rural Workers (ASTAC), transmitted by PSI–Ecuador and UNE, on the effects of the ministerial orders which establish new forms of contract for banana plantation workers and agricultural workers in the effective exercise of the right to collective bargaining in those sectors.

The Committee trusts that the technical assistance which will be afforded shortly will enable significant progress to be made in relation to the above issues.

[The Government is asked to reply in full to the present comments in 2020.]