Minimum Wage Fixing Convention, 1970 (No. 131) - Ecuador (Ratification: 1970)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Ecuadorian Confederation of Free Trade Unions (CEOSL), the Ecuadorian Federation of Municipal and Provincial Workers (FETMYP), the National Federation of Education Workers (UNE) and the National Ecuadorian Federation of Workers of Provincial Governments (FENOGOPRE), received on 1 September 2022. The Committee requests the Government to provide its response in this regard.

Article 3 of the Convention. Elements for the determination of the minimum wage. With reference to its previous comments, the Committee notes the Government’s indications in its report that: (1) Ministerial Decision No. MDT-2020-249 of 30 November 2020 provided that there was no wage adjustment for 2021 and maintained the minimum wage at US$400 a month; (2) the decision was adopted following several sessions of dialogue with representatives in the National Labour and Wage Council (CNTS) and with the technical support of the competent state institutions, in which analysis covered not only the consumer price index, but also various relevant indicators of the difficult economic situation faced by the country as a result of the COVID-19 pandemic; and (3) various indicators were analysed, including; the consumer price index, the needs of workers, the cost of living, economic factors and productivity levels, which are factors that are in conformity with the provisions of the Convention. The Government adds that when the wage increase for 2021 was analysed in 2020, Ecuador was experiencing an unprecedented economic crisis, despite which tripartite dialogue sessions were held in the CNTS on wage fixing, during which employer and worker representatives made their proposals and indicated their positions on wage adjustments and, even though consensus was not achieved among the representatives in the Council, each of the proposals, indicators and positions expressed by both partners were taken into consideration in the analysis for the purpose of issuing the aforementioned ministerial decision which maintained the 2020 wage level without adjustment in 2021. The Government adds that for 2022, giving effect to the provisions of the national legislation and Convention No. 131, the Ministry of Labour, through Ministerial Decision No. MDT-2021-276 of 21 December 2021, set the unified basic wage for workers in general, including workers in small industry, agriculture, export processing zones, paid domestic workers, craft operators and micro-enterprise collaborators, at US$425 a month. According to the Government, the unified basic wage was referred to the CNTS for consideration, as a result of which the 2022 adjustment was the subject of tripartite social dialogue, with the participation of state institutions, which reported the trends in the various indicators in relation to: (a) fluctuations in the cost of living; (b) economic growth; and (c) the employment situation in the country.

The Committee notes that in their observations the CEOSL, FETMYP, UNE and FENOGOPRE: (1) point out that, when determining the unified basic wage for 2022, the same legal parameters were not applied as those used for 2021; (2) indicate that Ministerial Decision No. MDT-2021-276, which determined the basic wage for 2022, indicates in its introductory paragraphs that “consensus was not reached in the CNTS between the representatives of workers and employers on the determination of the unified basic wage which will be in force as from 1 January 2022”; and (3) nevertheless, instead of setting the wage increase as a percentage rise equivalent to the projected consumer price index, as set out in the national legislation, the wage was increased by 6.25 per cent at the request of the President of the Republic. In this way, the wage for 2022 was increased by US$25. The trade union organizations provide explanations of the formula established in the legislation (Ministerial Decision No. MDT-2020-185) for the calculation of the adjustment in the unified basic wage and add that: (i) the formula may or may not be used by the Council for the determination of the wage; (ii) if it is followed, it does not include the cost of the basic family basket, nor the cost of the basic living basket; and (iii) these components are defined by the Ecuadorian Institute of Statistics and Census and, in July 2022, the basic family basket was US$753.62 a month and the basic living basket was US$793.33, which are far from the current basic wage of US$425. In the view of the trade union organizations, the State should establish a compulsory formula for the determination of basic wages which takes into account the value of the basic family and living baskets. The Committee notes all the information provided by the Government and the observations of the trade union organizations, concerning which the Government has not provided its response. The Committee notes the different positions on the elements taken into account to determine the level of minimum wages in 2022, and the proposed formula for determining the minimum wage to be considered for the future. The Committee hopes that tripartite dialogue with the representative organizations of workers and employers concerned, in which there is a sincere, technical and constructive exchange, will make it possible to determine a minimum wage which, in so far as possible and appropriate in relation to national practice and conditions, will take into consideration all the elements referred to in Article 3(a) and (b).It requests the Government to provide information on the progress made in this regard.

Article 4(2) and (3). Consultations. With reference to its previous comments, the Committee notes the Government’s indication that: (1) in accordance with section 117 of the Labour Code, the unified basic wage in the country for private sector workers is established annually, for which purpose the National Labour and Wage Council holds sessions to analyse the employment policy and determine wage adjustments with the participation of representatives of both employers and workers; (2) the CNTS engages in exhaustive consultation with employers’ and workers’ organizations; (3) each partner in the CNTS has the right to speak and vote on a basis of equality and the resulting decisions and recommendations therefore require the support of the majority of representatives on the Council; (4) in 2021, five meetings were held to examine the labour situation and the annual wage adjustment, in which the representatives participated in an exhaustive discussion of the criteria and the proposals put forward by both partners; (5) the Ministry of Labour participated in these tripartite discussions with a view to reaching consensus between the partners; and (6) mechanisms have also been established in the national legislation to support the representatives of the partners in their decision-making, such as the option for the representatives to have technical advisors and the participation of public institutions.

The Committee notes the indications of the CEOSL, FETMYP, UNE and FENOGOPRE that: (1) the United Workers’ Front (which represents 450,000 workers in the public and private sectors, rural areas and cities) and Public Services International in Ecuador, which have been present in Ecuador since 1989, were not able to participate in the tripartite discussions, despite their high level of representation among workers, or in the decisions taken by the CNTS; (2) the denial of the participation of these organizations is due to the lack of clarity in the parameters used by the Executive Secretariat of the CNTS in drawing up the list of the ten most representative organizations at the national level; (3) this lack of transparency enables the Ministry of Labour to nominate pre-Government organizations and the legislation should therefore be revised to clarify and make more transparent the criterion of most representative, in accordance with ILO guidance and, in short, allow other organizations to be part of the Council. Finally, the trade union organizations recall that the ILO provided technical assistance to the State at the end of 2019, when a road map was prepared which envisaged the strengthening of the CNTS and the broadening of its membership, but that it has not been implemented more than two years later. The Committee recalls that, when examining the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), by Ecuador, it requested the Government to adopt the measures necessary to ensure that all the country’s “most representative organizations” of employers and workers can participate in the CNTS and other consultative bodies of a tripartite nature (2021 observation). The Committee trusts that appropriate measures will be taken to enable full consultations to be held with all the representative organizations of workers and employers concerned, in accordance with Article 4(2).It requests the Government to provide information on the progress made in this regard.

The Committee recalls that the Government may, in relation to all the matters raised, have recourse to ILO technical assistance, if it so wishes.

The Committee noted information supplied by the following State in an answer to a direct request: Netherlands.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 3 and 4(2) and (3) of the Convention. Criteria for determining the minimum wage. Consultations. In its previous comments, the Committee noted the observations of the Trade Union Association of Agricultural, Banana and Rural Workers (ASTAC) and of the Ecuadorean Confederation of Unitary Class Organizations of Workers (CEDOCUT) of 2020, indicating that: (a) the National Labour and Wage Council (CNTS) has failed to arrive at consensus on the annual basic unified wage since 2016, with the result that the exhaustive consultations with the parties involved are not taken into account in determining wages, leaving the decision in the hands of the Ministry of Labour; and (b) adjustment of the minimum wage is done purely on the basis of annual inflation which means, when taken with the austerity measures envisaged as a result of the COVID-19 pandemic, that the minimum wage thus determined is inadequate to cover the basic family basket of goods. The Committee notes that, in reply to those observations, the Government indicates in its report that: (i) as in every year, tripartite meetings were held in November 2020 within the CNTS, at which the representatives of the employers and workers presented their positions and exhaustive reasoning in respect of the determination of the annual minimum wage; (ii) as consensus was not reached, competence with respect to fixing the basic unified wage lay with the Ministry of Labour, in line with the projected consumer price index, and in conformity with section 118 of the Labour Code; and (iii) the official rate of the basic unified wage for 2021 was fixed by Ministerial Order No. MDT-2020-249 of 30 November 2020, and remained unchanged since 2020.

In this regard, observing that at the moment of fixing the minimum wage for 2021, the Government only took the consumer price index into consideration, the Committee expects that in the future, so far as possible and appropriate in relation to national practice and conditions, the needs of workers and their families and economic factors will be taken into consideration, as provided under Article 3 of the Convention.

As regards the consultations held within the CNTS, the Committee wishes to refer to the comments already made in respect of the application by Ecuador of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) in relation to the membership of the CNTS. The Committee hopes that the follow-up to the abovementioned comments will result in full consultations with the representative organizations of employers and workers concerned, in conformity with Article 4(2) of the Convention.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Trade Union Association of Agricultural, Banana and Peasant Workers (ASTAC) and the Ecuadorean Confederation of Unitary Class Organizations of Workers (CEDOCUT), received on 1 October 2020, relating to the application of the ratified Conventions concerning wages, in which reference is made, inter alia, to the lack of exhaustive consultations in the process of determination of the minimum wage and the criteria which may be taken into account in this context. The Committee requests the Government to communicate its comments in this respect.

[The Government is asked to reply in full to the present comments in 2021.]

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

Articles 1, 3, 4 and 5 of the Convention. Minimum wage fixing machinery – determining the minimum wage – consultations with and participation of the social partners – adequate inspection. The Committee notes that in reply to its previous comments the Government reports that the Basic Act for Labour Justice and the Recognition of Work in the Home (2015), amending the Labour Code, established a National Labour and Wage Council. The Government further indicates that Ministerial Order No. MDT-2015-0240 issues the regulations for the structure, composition and operation of this tripartite body. The Committee also notes the information provided by the Government in relation to the comprehensive inspection management system.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1, 3 and 4 of the Convention. Minimum wage fixing machinery –Criteria for determining the minimum wage – Consultations with and participation of the social partners. The Committee notes the information provided by the Government concerning the establishment of a basic unified wage (salario básico unificado) to serve as a wage floor for all workers in general, including domestic, agricultural, small industry, craft and maquila workers. It also notes that under the Ministerial Agreement No. 249 of 23 December 2010, the basic unified wage was fixed at US$264 per month while Ministerial Agreement No. 369 of 13 January 2012, raised it to US$292 per month.

The Government indicates that the basic unified wage is determined on the basis of criteria such as inflation, productivity and equity with a view to progressively closing down the gap between the minimum wage level and the cost of the family basket of goods (canasta familiar). According to the Government’s report, the basic unified wage now covers more than 89 per cent of the cost of the basic family basket of goods, as compared to 65 per cent in 2005.

Moreover, the Committee notes the Government’s reference to Ministerial Agreements Nos 117 of 7 July 2010 and 181 of 1 October 2010, which set up 22 sectoral committees regrouping 115 occupational categories for the purpose of better analysing sectoral wage levels and fixing sectoral minimum wages. The Government also refers to Ministerial Agreement No. 255 of 24 December 2010, which set the minimum wage rates for the 22 sectoral committees as from 1 January 2011. Under section 3 of that Agreement, sectoral minimum wages may in no circumstances be lower than the basic unified wage.

While noting these recent developments in the minimum wage fixing process, the Committee observes that current minimum wage levels remain overall insufficient to cover the cost of either the basic or the vital family basket of goods (canasta familiar básica y vital). More concretely, the Committee understands that only certain minimum wage rates set by two of the 22 sectoral committees (i.e. the committees for the mine and the transport sectors) exceed the cost of the vital family basket of goods and only certain minimum wage rates in the transport sector exceed the cost of the basic family basket of goods. The Committee also notes that under the National Welfare Plan 2009–13, the Government’s objective is to diminish by 27 per cent the number of workers receiving wages inferior to the minimum vital wage by 2013. The Committee accordingly asks the Government to continue its efforts to ensure that minimum wages fixed after genuine consultations with employers’ and workers’ organizations concerned, effectively guarantee a decent standard of living for the workers and their families. In addition, the Committee requests the Government to provide additional explanations on how the basic unified wage and the sectoral minimum wage rates interact with the concept of “decent salary” referred to in sections 8–10 of the Code of Production, which was adopted in December 2010.

Article 5. Adequate inspection. The Committee understands that the enforcement of the minimum wage legislation is weak as a result of challenges faced by the inspection services and a penalty for non-compliance limited to five times the monthly minimum wage regardless of the seriousness of the offence or the number of workers affected. The Committee asks the Government to provide full particulars on any measures taken or envisaged with a view to reinforcing the labour inspection services and establishing truly dissuasive sanctions to ensure the effective application of the relevant legislation.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4(2) and (3) of the Convention. Full consultation and direct participation of the social partners in the establishment and operation of the minimum wage fixing machinery. Further to its previous comment, the Committee notes the information provided by the Government in reply to the observations of the International Organisation of Employers (IOE) dated 30 August 2009.

The IOE indicated that a new constitutional text had been drawn up and then adopted by referendum without the effective participation of the main actors in the world of work and that article 328, paragraph 2, and transitional provision No. 25 of the new constitutional text, which provide for the annual progressive adjustment of the minimum wage so as to cover the cost of the household basket of goods (canasta familiar) do not take into account the direct participation of the employers and workers concerned, as required by this provision of the Convention.

In its reply dated 3 February 2010, the Government indicates that, under the terms of section 117(2) of the Labour Code, the minimum wage is adjusted annually with the participation of the National Wage Council (CONADES), a tripartite advisory body. It emphasizes in this respect that wages are only adjusted by the Minister of Labour and Employment in cases where a consensus decision has not been adopted by the CONADES. As the CONADES did not achieve consensus in the meetings prior to the adjustment of the minimum wage in 2009, the Minister of Labour and Employment, in accordance with section 118(3) of the Labour Code, increased the minimum wage on the basis of the consumer price index established by the competent authority.

In this respect, the Committee wishes to refer to paragraphs 233 and 234 of its 1992 General Survey on minimum wages, in which it indicates that the party responsible for carrying out the consultation should take into consideration what is stated or proposed by the party it consults, without this meaning that the Government has to comply with all the requests of the organization consulted, still less that it should enter into negotiations. The consultation must take place before decisions are taken and must be effective, that is to say that it must enable employers’ and workers’ organizations to have a useful say in matters that are the subject of consultation.

Furthermore, with reference to its previous observations concerning the current rate of the minimum wage, namely US$240 a month, and whether it allows workers a decent standard of living, the Committee notes that, according to the data of the National Institute of Statistics (INEC) concerning the cost of the household basket of goods (canasta familiar vital y básica), the minimum wage covers the cost of the so-called “subsistence” household basket of goods (US$382.64 out of a monthly income, for two persons, of US$448), but does not cover the cost of the so-called “basic” household basket of goods (US$535.56 out of a monthly income, for two people, of US$448). An increase of around 16 per cent would still be necessary to cover the needs of a family of five persons. While noting the increase of 10 per cent in the minimum wage in 2010, the Committee requests the Government to pursue its efforts to ensure a minimum wage rate that is sufficient to allow workers to cover their needs and those of their family. It also requests the Government to continue providing information on the minimum wage rates that are applicable and their adjustment through the CONADES, in full and effective consultation with employers’ and workers’ organizations.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4, paragraphs 2 and 3, of the Convention. Full consultation and direct participation of the social partners in the establishment and operation of the minimum wage fixing machinery. The Committee notes the comments made by the International Organisation of Employers (IOE) dated 30 August 2009. The IOE indicates that a new constitutional text was drawn up and adopted by referendum on 28 September 2008 without the effective participation of the main actors in the world of work, which prevented an objective analysis of the matters to be regulated at the constitutional level. The IOE adds that section 328(2), as well as Transitional Provision No. 25 of the new constitutional text, which provide for the annual revision of the minimum wage on a gradual basis in order to cover the cost of the shopping basket (canasta familiar), do not take into account the direct participation of the employers and workers concerned, as required by this provision of the Convention. The Committee requests the Government to provide its comments in reply to the observations submitted by the IOE.

Furthermore, referring to its previous observation concerning the minimum wage rate currently in force and its ability to offer workers a decent standard of living, the Committee hopes that the Government will take all the necessary steps to ensure the application of sufficient minimum wage rates to enable workers to meet their essential needs and those of their families, and once again requests it to provide a copy of the legal text establishing this rate and to provide detailed information on the consultations held within the National Wage Council (CONADES).

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government in response to its previous observation.

With regard to the statistical information contained in the technical wage unit report attached to the Government’s report, the Committee understands that the current minimum wage stands at approximately US$160 per month. The Committee once again asks the Government to communicate a copy of the legal text establishing this rate and to provide detailed information on the consultations held within the National Wage Council (CONADES) which resulted in the most recent readjustment of the rate. The Committee would also like detailed information on the ability of such a rate to offer workers and their families a decent standard of living. The Committee notes that, according to various sources of information, the minimum wage rate is well below the poverty threshold and represents only a third of the income judged necessary to satisfy the essential needs of workers.

The Committee would like to take this opportunity to remind the Government that the Convention’s main objective is to guarantee workers a minimum wage allowing them a decent standard of living and that this objective can be truly met only if minimum wage rates are re-examined periodically, in accordance with Article 3 and Article 4, paragraph 1, of the Convention, so as to take into reasonable account the evolution of socio-economic realities. In cases where the minimum wage covers only a slim percentage of workers’ needs, the wage-fixing system is reduced to a mere formality and is rendered useless in terms of both combating poverty and ensuring social protection through acceptable minimum wage rates. The Committee therefore asks the Government to take the necessary measures to guarantee the application of minimum wages that are sufficient to enable workers to satisfy their essential needs and those of their families.

With regard to the payment of remuneration below the minimum wage rate to persons covered by apprenticeship contracts, the Committee recalls its previous comments in which it requested information on measures taken to ensure that apprentices in the industrial sector who are paid less than the minimum wage receive vocational training in the workplace. In its last report, the Government spoke of a bill approved in February 2006, the purpose of which is to amend section 168 of the Labour Code by widening the scope and increasing the duration of apprenticeship contracts (making it possible for workers in the handicrafts sector to be hired as apprentices for a maximum period of two years). In its amended form, section 168 also provides that the remuneration of an apprentice will be no less than 80 per cent of the salary normally paid for the same type of work. While noting the information on the bill in question – a copy of which is requested once it has been formally adopted – the Committee still considers concrete measures to be necessary in order to prevent apprenticeship contracts from being misused to evade the minimum wage rates in force. Such misuse would be in violation of the principle enshrined in Article 2, paragraph 1, of the Convention, according to which, once fixed, minimum wages shall have the force of law and shall not be subject to abatement. The Committee therefore asks the Government, once again, to specify how it ensures that persons covered by apprenticeship contracts, under section 168 of the Labour Code, really receive vocational training in the workplace, which would justify remuneration below the minimum wage generally applied.

Finally, the Committee would be grateful if the Government would continue providing, in accordance with Article 5 of the Convention and Part V of the report form, detailed information on the application of the Convention in practice, including, for instance, statistics on the results of inspections carried out and extracts of reports or official studies concerning the functioning of the minimum wage system, such as the annual activity reports of CONADES, etc.

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

The Committee notes the Government’s report and the attached documentation, in particular Ministerial Order No. 59 of 30 May 2000, which establishes the rules for the operation of the National Wage Council (CONADES) and sectoral committees. The Committee wishes to draw the Government’s attention on the following points.

Article 1, paragraph 1, and Article 4, paragraph 1, of the Convention. The Committee notes the list of 120 sectoral committees for the fixing of minimum wages by region, which was communicated by the Government in reply to its previous comments. In this respect, the Committee requests the Government to indicate the minimum wage rates currently in force for each category of worker and to transmit a copy of the legislative text setting these rates. The Committee also requests the Government to provide statistics on the number of workers covered by the minimum wage legislation and the evolution of minimum wage rates by occupational category of workers in recent years.

Article 2, paragraph 1. The Committee recalls its previous observations, in which it requested the Government to indicate the measures taken to guarantee that payment of remuneration below the minimum wage to persons covered by apprenticeship contracts, by virtue of section 168 of the Labour Code, is allowed only in cases of actual training. The Committee regrets to observe that the Government has not provided any substantive reply on this point, which had been raised by the Ecuadorian Confederation of Free Trade Unions (CEOSL), and it is bound once again to request information on the measures taken or envisaged to ensure that apprentices in the industrial sector paid less than this minimum rate receive vocational training at the workplace. The Committee also requests the Government to indicate whether it consulted employers’ and workers’ organizations prior to establishing the minimum wage provisions applicable to apprentices in the industrial sector.

The Committee notes that, by virtue of section 90 of the Children’s and Adolescent’s Code adopted on 23 December 2002, the remuneration of young apprentices shall be no less than 80 per cent of adult remuneration for the same type of work. The Committee takes this opportunity to once again recall that the adoption of lower minimum wage rates for groups of workers on account of their age should be regularly re-examined in the light of the principle of equal remuneration for work of equal value. The Committee considers that wage rates should be based on the quality and quantity of work and that special attention should be given to the equitable remuneration of young persons.

Article 5 and Part V of the report form. The Committee notes the statistics on the number of enterprises inspected in 1997 by the Department of Labour Protection to monitor the compliance with minimum wages provisions. Noting the Government’s statements that until now the information on labour inspections has not been analysed in a systematic manner, the Committee hopes that the Government will make every effort to collect and provide in its next report detailed information on the application of the Convention in practice and, in particular, statistics on the results of inspections carried out (for example, number of violations reported, types of sanctions imposed, etc.).

Moreover, the Committee notes the Government’s statement in its report that a system for the inspection of child labour is being organized, one of the duties of which will be to supervise the work of young apprentices. The Committee requests the Government to keep it informed of any progress in relation to this inspection procedure.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report does not contain information in reply to its previous direct request. It once again asks the Government to supply the three annexes, referred to in its 1993 report, concerning labour inspection activities to ensure observance of the minimum wage and to continue to supply information on this matter including any relevant extracts from reports and statistical data.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

In its previous comments, the Committee noted the information supplied by the Ecuadorean Confederation of Free Trade Unions (CEOSL) concerning the application of Article 2, paragraph 2, of the Convention. The CEOSL considers that the amendment of section 168 of the Labour Code, introduced by section 29 of Act No. 133 to revise the Labour Code, creates a new category of workers, "industrial apprentices", whose pay may not be less than 75 per cent of the minimum subsistence wage for a period of not more than six months.

In reply to the CEOSL observations, the Government indicated that before the amendment of section 168 of the Labour Code the labour legislation did not provide for any wages to be paid to apprentices and that the purpose of the new provision was to ensure to the apprentice the payment of remuneration which may not be less than 75 per cent of the minimum subsistence wage but which may also be higher. In addition, Act No. 133 makes it compulsory, in apprenticeship contracts, for a written contract to be drawn up in the presence of the labour inspector, who will register it: 592 apprenticeship contracts, most of them in small-scale industries, were registered in 1992.

While noting this information, the Committee recalled that a wage lower than the minimum wage may be allowed for apprentices provided that in exchange they actually receive training during working hours and at the place of work which enables them to acquire skills in a trade or occupation. It asked the Government to indicate the measures taken or under consideration to ensure that persons holding an apprenticeship contract may be paid a wage lower than the minimum subsistence wage only if, in return, they receive effective training.

In its report, received late, the Government states that measures in this direction are in process of adoption. The Committee trusts that the Government will not fail to indicate in the near future the measures adopted to ensure that payment of a wage lower than the minimum subsistence wage for holders of an apprenticeship contract may be applied only in return for effective training.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee again asks the Government to provide the three annexes referred to in its previous report (1993) concerning labour inspection activities to ensure observance of the minimum wage. It also asks the Government to continue to provide information on this point, including extracts of reports and all relevant statistical data.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

In its previous comments the Committee noted the information sent by the Ecuadorean Confederation of Free Trade Unions (CEOSL) concerning the application of Article 2, paragraph 1, of the Convention. The CEOSL considers that the amendment of section 168 of the Labour Code, introduced by section 29 of Act No. 133 to revise the Labour Code, creates a new category of workers "industrial apprentices" whose pay may not be less than 75 per cent of the minimum subsistence wage, for a period of no more than six months.

The Committee asked the Government to indicate the measures taken to ensure that people employed under the terms of an apprenticeship contract under section 168 of the Labour Code, and whose pay may not be lower than 75 per cent of the minimum subsistence wage, receive on-the-job training.

The Government indicates in its report that before the amendment of section 168 of the Labour Code, the labour legislation did not provide for any wages to be paid to apprentices. The purpose of the new provision is to ensure to the apprentice the payment of remuneration which may not be less than 75 per cent of the minimum subsistence wage but which may also be higher. The Government emphasizes that, for apprenticeship contracts, Act No. 133 requires a written contract to be drawn up in the presence of the labour inspector, who will register it. The Government indicates that 592 apprenticeship contracts, most of them in small-scale industries, were registered in 1992.

The Committee takes note of this information. It recalls that a wage lower than the minimum wage may be allowed for apprentices provided that in exchange they really receive training during working hours and at the place of work which enables them to acquire skills in a trade or occupation. It asks the Government to indicate the measures taken or under consideration to ensure that persons holding an apprenticeship contract may be paid a wage lower than the minimum subsistence wage only if, in return, they receive effective training.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government concerning the activities of the labour inspectorate for the enforcement of the minimum wage. It notes however that the three annexes mentioned in the report have not been received. It would be grateful if the Government would communicate them to the ILO.

The Committee also notes the Government's reference to modifications to the Labour Code brought about by Act No. 133 of 21 November 1991, including the new provision added to section 603 concerning the claim of wages and salaries due, and the new provision of section 605 linking the amount of fines with the minimum wage rate.

The Committee requests the Government to continue providing information on the labour inspection activities related to the application of the minimum wage, and to supply extracts of reports and statistical information as much as possible.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

In its previous observation, the Committee noted the information supplied by the Ecuadorian Confederation of Free Trade Unions (CEOSL) concerning the application of Article 2, paragraph 1, of the Convention. By virtue of section 29 of Act No. 133 to revise the Labour Code, which amends section 168 of the Labour Code, workers can be recruited under an apprenticeship contract, of which the duration may not be more than six months, at remuneration which cannot be less than 75 per cent of the minimum living wage. The number of persons recruited under this form of contract cannot exceed 10 per cent of the number of workers in the enterprise. In the event of the continuation of the employment relationship at the end of the six-month period, the contract is converted into a contract without limit of time. The objective of this apprenticeship contract is to learn a trade or the special characteristics of a job which is manual, technical or which requires a skill.

The Ecuadorian Confederation of Free Trade Unions considers that this amendment to section 168 of the Labour Code creates a new category of workers who may be called "industrial apprentices" who are paid remuneration which is lower than the minimum wage.

The Committee notes that the Government has not made observations on these comments in its report, as it was invited to do in April 1992.

The Committee refers to paragraphs 169 and 176 of its 1992 General Survey on Minimum Wages, in which it indicates that the fixing of minimum wages as a function of certain criteria such as age must respect general principles, and particularly those contained in the Preamble of the Constitution of the ILO, which include equal remuneration for work of equal value. Furthermore, the Committee refers to the comments made in paragraph 177 of the above General Survey, according to which the concept of apprenticeship refers to persons who, irrespective of their age, are being trained at their place of work.

The Committee requests the Government to indicate the measures which have been adopted to ensure that the persons employed in enterprises under an apprenticeship contract by virtue of section 168 of the Labour Code, as amended, and whose remuneration must not be less than 75 per cent of the minimum living wage, undergo vocational training at their place of work. It also requests the Government to supply information on the manner in which the representative organizations of employers and of workers were fully consulted with regard to the changes made to the system of fixing minimum wages.

The Committee is also addressing a direct request to the Government on certain points.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

Article 5 of the Convention. With reference to its previous comments, the Committee takes noted that the "Bulletin of Statistics and Legislation concerning the Labour Inspection Service. Summary of the period 1984 to 1987" contains no information on the activities of the labour inspectorate relating to the observance of the provisions on minimum wages. The Committee also noted that section 3, subsection 2, of the new Regulations concerning the health and safety of workers and the improvement of the working environment, which define the powers and responsibilities of the Ministry of Labour in this field, provides that the Ministry is responsible for collecting data at the national level concerning the composition and number of the working population, working hours and the number of occupational accidents and diseases. The Committee trusts that, independently of the provisions of the above Regulations, the labour authorities and in particular the labour inspectorate will ensure, in accordance with the provisions of the Labour Code (sections 604 to 609) that the provisions concerning minimum wages are effectively applied. The Committee therefore requests the Government to provide information on the activities carried out by the labour inspectorate to ensure the application of the standards concerning minimum wages, and to supply extracts from labour inspection reports on the visits made, the infringements registered and the penalties imposed.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Ecuadorian Confederation of Free Trade Unions (CEOSL) concerning the application of Article 2, paragraph 1, of the Convention. By virtue of section 29 of Act No. 133 to revise the Labour Code, which amends section 168 of the Labour Code, workers can be recruited under an apprenticeship contract, of which the duration may not be more than six months, at remuneration which cannot be less than 75 per cent of the minimum living wage. The number of persons recruited under this form of contract cannot exceed 10 per cent of the number of workers in the enterprise. In the event of the continuation of the employment relationship at the end of the six-month period, the contract is converted into a contract without limit of time. The objective of this apprenticeship contract is to learn a trade or the special characteristics of a job which is manual, technical or which requires a skill.

The Ecuadorian Confederation of Free Trade Unions considers that this amendment to section 168 of the Labour Code creates a new category of workers who may be called "industrial apprentices" who are paid remuneration which is lower than the minimum wage.

The Committee notes that the Government has not made observations on these comments, as it was invited to do in April 1992.

The Committee refers to paragraphs 169 to 176 of its 1992 General Survey on Minimum Wages, in which it indicates that the fixing of minimum wages as a function of certain criteria such as age must respect general principles, and particularly those contained in the Preamble of the Constitution of the ILO, which include equal remuneration for work of equal value. Furthermore, the Committee refers to the comments made in paragraph 177 of the above General Survey, according to which the concept of apprenticeship refers to persons who, irrespective of their age, are being trained at their place of work.

The Committee requests the Government to indicate the measures which have been adopted to ensure that the persons employed in enterprises under an apprenticeship contract by virtue of section 168 of the Labour Code, as amended, and whose remuneration must not be less than 75 per cent of the minimum living wage, undergo vocational training at their place of work. It also requests the Government to supply information on the manner in which the representative organizations of employers and of workers were fully consulted with regard to the changes made to the system of fixing minimum wages.

The Committee is also addressing a direct request to the Government on a number of points.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes with interest the information contained in the Government's report and in particular Act No. 001 of 6 October 1986 determining minimum living wages and salaries and increasing wages and salaries.

Article 5 of the Convention. With reference to its previous comments, the Committee takes note of the information supplied by the Government in its report to the effect that the present methods of supervising the application of the Convention are adequate. However, the Committee notes that the "Bulletin of Statistics and Legislation concerning the Labour Inspection Service. Summary of the period 1984 to 1987" contains no information on the activities of the labour inspectorate relating to the observance of the provisions on minimum wages. The Committee also notes that section 3, subsection 2 of the new Regulations concerning the health and safety of workers and the improvement of the working environment, which define the powers and responsibilities of the Ministry of Labour in this field, provides that the Ministry is responsible for collecting data at the national level concerning the composition and number of the working population, working hours and the number of occupational accidents and diseases. The Committee trusts that, independently of the provisions of the above Regulations, the labour authorities and in particular the labour inspectorate will ensure, in accordance with the provisions of the Labour Code (sections 604 to 609) that the provisions concerning minimum wages are effectively applied. The Committee therefore requests the Government to provide information on the activities carried out by the labour inspectorate to ensure the application of the standards concerning minimum wages, and to supply extracts from labour inspection reports on the visits made, the infringements registered and the penalties imposed.