Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Ecuador (Ratification: 1969)

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

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided by the Government concerning the impact of the measures adopted under the National Development Plan 2017-2021 (NDP) to achieve the objectives of the Convention. The Plan includes measures to combat poverty and inequality and to promote employment, particularly in rural areas and for citizens belonging to the indigenous, Montubio and Afro-Ecuadorian peoples. Among the NDP goals, the Committee observes the goal of reducing the incidence of extreme poverty, as measured by income, from 8.7 per cent to 3.5 per cent by 2021, and the goal of reducing the multidimensional poverty rate from 35.2 per cent to 27.4 per cent by 2021. However, the Committee notes from the information provided by the Government that between 2019 and 2020 the incidence of extreme poverty by income rose from 8.9 per cent to 14.89 per cent, while multidimensional poverty also increased, from 38.1 per cent to 40.2 per cent. The NDP also included the reduction of the income gap between the poorest decile and the richest decile to less than twenty times by 2021 among its objectives. The Government reports, however, that the income difference between the poorest and richest deciles increased from 23.3 times in 2019 to 34 times in 2020. The Committee notes the Government’s indication that this structural indicator responds to various factors, such as the economic downturn, falling employment rates and the COVID-19 health emergency. In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights (CESC), in its concluding observations of 14 November 2019, was concerned about the continuing gap between rural and urban areas and the significant proportion of indigenous people, people of African descent and Montubio people who are living below the poverty line (document E/C.12/ECU/CO/4, paragraph 41). Another objective of the NDP, to be achieved by 2021, was to increase from 65.87 per cent to 75.02 per cent the percentage of educational institutions proposing intercultural, bilingual courses in zones with a majority of the population belonging to an indigenous community. The Government reports that this percentage increased from 66.3 per cent in 2019 to 66.6 per cent in 2020. The NDP also includes among its objectives increasing the percentage of indigenous persons in suitable employment from 26.3 per cent to 29.19 per cent by 2021. The Committee notes however that the Government reports a fall in this percentage from 23.2 per cent in 2019 to 15.2 per cent in 2020. Consequently, the Committee observes that most of the objectives established in the NDP 2017-2021 were not reached. On the other hand, the Committee notes that under the “Lifetime Plan”, the objective of which was to progress towards a more fair, equitable and supportive society, different measures have been taken, such as the granting of a conditional monthly transfer of US$240 to support persons with rare or catastrophic diseases, orphans or minors under 18 years of age living with HIV, in a critical socioeconomic situation. The Government reports that as of May 2020, the monthly transfer had been granted to approximately 38,771 persons, of whom 88 per cent had a severe disability, 10 per cent had a catastrophic or rare disease or were orphans and 2 per cent were minors under 18 years of age living with HIV. The Government adds that 52 per cent of beneficiaries were men and 48 per cent were women. Furthermore, the Committee notes the adoption in 2019 of the technical standard applying the principle of preferential employment for persons belonging to Amazonian peoples and nationalities, and that between 2019 and 2020, a total of 42,210 people had benefited therefrom. Finally, the Committee notes the adoption of the Basic Act on Elderly Persons of 2019, which aims to promote and ensure the rights of the elderly. The Committee requests the Government to continue providing detailed and updated information on the measures aimed at ensuring an improved standard of living for the Ecuadorian population (Article 2), especially as concerns groups in vulnerable situations, such as women, young persons, persons with disabilities, the elderly, small producers practicing subsistence agriculture, indigenous communities and persons in remote and rural zones of the country. Considering the high percentage of the population living in extreme poverty, the Committee also requests the Government to take the necessary action to ensure that such measures take account of the essential family needs of the workers, such as food and its nutritive value, housing, clothing, medical care and education (article 5(2)).

Part III. Migrant workers. The Government reports that with a view to implementing public policies aimed at integrating returning migrants, four working parties were held in 2018, with the participation of State institutions and members of civil society, and that they resulted in the instigation of the National Board for Human Mobility. Within this framework, the Intersectoral Board for the Care and Integration of the Ecuadorian Migrant Community was set up, to deal with matters related to returning migrants. The Committee notes that the National Council for Equality in Human Mobility formulated the National Agenda for Equality in Human Mobility (ANIMH) 2017-2021, which includes policies and action specifically related to labour inclusion and protection of the labour rights of migrant Ecuadorians, returned Ecuadorians, foreign immigrants, stateless foreign persons with refugee status, victims of trafficking in persons and/or illicit traffic of migrants. The results and the implementation of public policies produced by the above include: monthly courses and workshops at national level, led by the Ministry of Labour, for returned migrants on financial management, commercial project design and evaluation; the creation of the “Migrants Productive Credit” programme to encourage the economic insertion of migrants; and the establishment of the Human Mobility Helpdesk in the Ministry of Labour to provide preferential care for returning migrants. In this regard, the Government refers to the most relevant action taken to implement the policies on returned Ecuadorians, such as the granting of 1,583 credits to returned migrants between 2017 and 2020, under the “Migrants Productive Credit” programme, as well as tax exemptions for enterprises that contract returned Ecuadorian migrants. The Committee also notes that employment fairs for returned migrants were held in 2017 and 2019, with the participation of the private sector and of public sector institutions. The Committee further notes the statistical information provided by the Government, concerning migrant workers in Ecuador forced to live outside their countries of origin. Regarding the question of the accessibility of visas included in the Residency Agreement for Nationals of the States Parties to the Common Market of the Southern Cone (MERCOSUR) and Associated States, the Government indicates that the tariff for a temporary or permanent MERCOSUR residence visa stands at US$250 in Ecuador, pointing out that this tariff is far lower than that required in other countries party to the Agreement. It adds that the tariff is more favourable still, as it does not require advance payment and is reimbursed if the visa request is rejected. The Government also indicates that the tariff for temporary or permanent residence visas for Colombian citizens is only US$50, due to the high demand for visas. Moreover, the Government reports on the adoption of Executive Decree No. 826 of 2019, granting migratory amnesty to Venezuelan citizens and establishing an exceptional temporary residence visa for special humanitarian reasons allowing them to work, at no charge and without limit of validity. The Government adds that a discount of 50 per cent is applicable to the visa tariff for persons aged 65 and over and foreign persons with 30 or more per cent disability are exonerated from any payment. The Committee requests the Government to continue to provide detailed and updated information on the measures adopted or envisaged with a view to ensuring the accessibility of visas provided for in the Residency Agreement for Nationals of MERCOSUR and Associated States Parties for migrant workers and their families who are forced to live away from their homes. The Committee further requests the Government to continue to provide detailed and updated information on the impact of reintegration programmes for returning migrant workers and their families. The Committee also requests the Government to continue providing statistical information, disaggregated by sex and age, on the number of migrant workers forced to live away from their homes.

Part IV. Remuneration of workers. Protection of wages. The Government reports that as a result of the National Labour and Wages Council being unable to achieve consensus on fixing the basic unified wage, the Ministry of Labour set it at US$400 a month, through Ministerial Decision No. MDT-2020-249 of 30 November 2020. The Government clarifies that the Ministry of Labour fixed the amount of the basic unified wage by applying a percentage equivalent to the consumer price index, in conformity with section 118 of the Labour Code and section 6 of Ministerial decision No. MDT-2020-185 of 17 September 2020, establishing the technical procedure for calculating the annual variation of the basic unified wage. The Committee notes that the amount of the basic unified wage for 2022 was fixed by the Ministry of Labour at US$425, through Ministerial Decision No. MDT-2021-276, of 21 December 2021, as a result of the National Labour and Wages Council failing to come to reach consensus on the amount. In this respect, the Committee notes that the fixing of the basic unified wage was not subject to tripartite consensus. On another matter, the Committee notes the statistical information provided by the Government regarding the labour inspection visits conducted in 2021 with a view to sanctioning employers that had not paid, or who had fallen behind in the payment of wages, and for failing to pay such benefits as the thirteenth and fourteenth months. However, the Committee observes that although 667 inspection visits were conducted in the Ibarra regional directorate, and 918 in Guayaquil, no penalties were imposed. Consequently, the Committee requests the Government to take measures to promote the fixing of the basic unified wage in consultation with the representatives of the employers and workers, as provided by Article 10(2) of the Convention. In this regard, the Committee refers to its 2021 comments relating to the application on the Minimum Wage Fixing Convention, 1970 (No. 131). The Committee requests the Government to continue to provide information on the results of the supervision undertaken by the labour inspection services to ensure the normal and regular payment of wages, particularly in the regional directorates of Ibarra and Guayaquil, including information on the number of inspections, the number and type of violations identified, the result of the inspections and the penalties imposed.

Advances on wages. For more than 20 years, the Committee has been requesting the Government to adopt the necessary measures to regulate the amounts of advances on wages, including advances which may be made to a worker in consideration of the worker’s taking up to encourage him or her to take up employment and to establish the maximum amount of advances on wages above which any advance is legally irrecoverable. In this regard, in its 2014 comments, the Committee noted the draft Basic Code on Labour Relations presented by the Minister for Labour Relations to the National Assembly in May 2014, which included provisions setting limits on the amounts of advances on wages and regulating the form in which they are repaid. In this regard, the Committee requested the Government to provide information on any progress made in the adoption of this draft legislation. The Committee notes, however, that the Government indicates that while the legislation in force contains no provisions governing the number or amount of advances a worker may request, it does not rule out the drafting of a complementary regulation to reinforce the principal legislation. Taking the above into account, the Committee urges the Government to adopt without delay the necessary measures to regulate the maximum amount and the method of reimbursement of advances on wages; limit the amount of advances which may be made to a worker in order to encourage him or her to take up employment and clearly indicate to the worker the amount authorized; and declare legally irrecoverable any advance in excess of the amount fixed by the competent authority and prevent this advance from being recovered by the withholding of amounts due to the worker at a later date. The Committee also urges the Government to provide information on any progress made in the adoption of the draft Basic Code on Labour Relations of 2014, and particularly to indicate any amendments made by the draft Basic Code to the provisions regulating the maximum amount and the method of reimbursement of salary advances.

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

Parts I and II of the Convention. Improvement of standards of living. The Committee notes with interest the adoption of the National Development Plan 2017–2021, on 13 July 2017, which is directly linked to the 2030 Agenda. The Government indicates that the Plan is made up of three sections entitled: “rights for all throughout life”, “the economy at the service of society”, and “more society, better State”. The objectives of the first section include: (i) promoting economic and social inclusion and combating poverty in all its dimensions in order to ensure economic, social, cultural and territorial equality; (ii) guaranteeing the right to health, education and comprehensive care throughout the lifecycle, in terms of accessibility, quality and land and cultural belonging; (iii) guaranteeing access to decent work and social security for all persons; and (iv) ensuring access to decent and adequate housing. The Plan also provides for the adoption of policies aimed at reducing poverty in rural areas and promoting the access of rural populations to basic services such as education, health and housing. With regard to the measures envisaged to increase the production capacity and improve the standards of living of agricultural producers, the Plan provides for the adoption of policies aimed at promoting the redistribution of land and equitable access to the means of production, as well as the development of the infrastructure needed to increase productivity, trade, competitiveness and the quality of rural production. The Committee also takes note of the adoption of the “Lifetime Plan” in 2018, the objective of which is to progress towards a more fair, equitable and supportive society that recognizes people as rights holders throughout their lives. The Plan is implemented through seven missions, including the “less poverty, more development mission”, which aims to increase the income of persons living in situations of poverty and extreme poverty. The mission consists of a conditional monthly monetary transfer known as the Human Development Benefit, which is a subsidy granted to the representatives of those families living in conditions of greatest vulnerability with a view to encouraging co-responsibility in health and education. In this respect, the Committee notes that, according to information from the National Census and Statistics Institute, the incidence of extreme poverty, as measured by income, decreased from 36.7 per cent in 2007 to 21.5 per cent in 2017, and extreme poverty decreased from 16.5 per cent to 8.7 per cent. In the same period, the multidimensional poverty rate (which measures the set of deprivation of rights at the household level in the following dimensions: education; work and social security; health; water and food; habitat and housing; and healthy environment) decreased from 51.5 per cent to 34.6 per cent. However, the Committee notes that, on the basis of the concept paper for the National Development Plan 2017–2021, gaps by geographical area and population group persist, especially in rural areas, the Amazon, indigenous peoples and households with children under 15 years of age. The Committee requests the Government to provide detailed information, including statistics disaggregated by sex, age and region, on the measures taken and the results achieved by the National Development Plan 2017–2021, the “Lifetime Plan” and the “less poverty, more development mission”. The Committee also requests the Government to provide detailed and updated information on any measures designed to ensure the improvement of standards of living of the Ecuadorian population (Article 2), especially in relation to groups in vulnerable situations, such as women, young people, persons with disabilities, older adults, small-scale subsistence farmers and indigenous communities. The Committee also requests the Government to include updated information on the impact of these plans on the “such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education” (Article 5(2)), in both urban and rural areas.

Part III. Migrant workers. The Committee notes the ratification by Ecuador of the Residency Agreement for Nationals of MERCOSUR and Associated States Parties published in Official Journal No. 209 in 2014, and the internal regulations set out in Ministerial Decree No. 000031, in which nationals of Argentina, the Plurinational State of Bolivia, Brazil, Chile, Colombia, Paraguay, Peru and Uruguay are established as beneficiaries of this visa category in Ecuador. Article 9 of the Agreement establishes the rights of immigrants and members of their families in the States parties. Specifically, Articles 9(1) and (2) provide for equality with nationals of the receiving country in respect of civil, social, cultural and economic rights and freedoms. In addition, Article 9(2) establishes the right of the migrant worker’s dependent family members to a residence permit which is valid for the same period as the worker's permit. Article 9(3) establishes the equal treatment of immigrants with respect to nationals of the country, especially with regard to remuneration, working conditions and social security. With regard to the right to transfer remittances, Article 9(5) provides that “immigrants from the Parties shall have the right freely to transfer to their country of origin their income and personal savings, in particular the funds necessary to support their families, in accordance with the regulations and domestic legislation of each of the Parties”. However, the Committee notes that, in its concluding observations of 5 October 2017, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed concern regarding the cost of the visas provided for in the Agreement (between USD50 and USD300 per person) as, given the situation of many migrants and members of their families, these visas could be unaffordable. The Committee observes that the CMW also noted the establishment of the Directorate for the Integration of Returning Migrants (with eight branches in the eight district coordination offices) and took note of the various support programmes in place for returning migrants, in particular the Assisted Return Programme, business plans, employment programmes, and loan and housing subsidy programmes for returning migrants. However, the CMW regretted the lack of information on the impact that these programmes have in providing assistance to migrant workers and members of their families and promoting their reintegration (see CMW/C/ECU/CO/3, paragraphs 38 and 44). The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged with a view to ensuring the accessibility of the visas provided for in the Residency Agreement for Nationals of MERCOSUR and Associated States Parties for migrant workers and their families who are forced to live away from their homes. The Committee also requests the Government to provide information on the impact of reintegration programmes for returning migrant workers and their families. The Committee further requests the Government to provide statistical information, disaggregated by sex and age, on the number of migrant workers forced to live away from their homes.

Part IV. Remuneration of workers. Protection of wages. The Committee notes that the Government refers to the conclusion of several agreements establishing the basic unified wage and the payment of the thirteenth and fourteenth month. In this respect, the Committee notes the approval of Ministerial Order No. MDT-2018-270, fixing from 1 January 2019 the basic unified wage at USD394 per month for workers in general, including workers in small industry, agricultural workers and workers in export processing zones. The Committee also notes the adoption of Ministerial Decree No. MDT-2019-199 of 5 August 2019 regulating the payment of the thirteenth and fourteenth months to which workers and ex-workers are entitled from their employer, in accordance with the provisions of sections 111 and 113 of the Labour Code. It also establishes the conditions under which workers can agree with their employer the accumulation of the payment of these amounts, as well as supervision and the sanctions to be imposed by the inspection services in case of non-compliance. The Committee requests the Government to send updated information on the application in practice of the above-mentioned Ministerial Decrees. In particular, the Committee requests the Government to provide information on the results of the supervision undertaken by the labour inspection services to ensure the normal and regular payment of wages, in conformity with the provisions of this Part of the Convention.

Advances on wages. For more than 20 years, the Committee has been requesting the Government to adopt the necessary measures to regulate the amounts of advances on wages, including advances which may be made to a worker to encourage him or her to take up employment and to establish the maximum amount of advances on wages above which any advance is legally irrecoverable. In this regard, in its 2014 comments, the Committee noted the draft Basic Code on Labour Relations presented by the Minister for Labour Relations to the National Assembly in May 2014, which included provisions setting limits on the amounts of advances on wages and regulating the form in which they are repaid. In this regard, the Committee requested the Government to provide information on any progress made in the adoption of this draft legislation. The Committee notes, however that the Government has not provided information in its report in this respect. The Committee therefore urges the Government to adopt the necessary measures to regulate the maximum amount and the method of reimbursement of advances on wages; limit the amount of advances which may be made to a worker in order to encourage him or her to take up employment and clearly indicate to the worker the amount authorized; and declare legally irrecoverable any advance in excess of the amount fixed by the competent authority and prevent this advance from being recovered by the withholding of amounts due to the worker at a later date. The Committee also reiterates its request to the Government to provide information on any progress made in the adoption of the draft Basic Code on Labour Relations of 2014, and particularly to indicate any amendments made by the draft Basic Code to the provisions regulating the maximum amount and the method of reimbursement of salary advances.

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

Article 2 of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in May 2014 which includes information relating to the direct request of 2008. The Government emphasizes that the rate of extreme poverty due to unmet essential needs decreased, from 39.4 per cent in 2005 to 14.2 per cent in 2011. According to information dated June 2013 from the National Statistics and Census Institute, rural poverty rate stood at 40.73 per cent compared with 44.96 per cent in the previous year, while extreme rural poverty rate fell from 20 per cent in June 2012 to 16.93 per cent in 2013. The Government indicates that the groups whose basic needs, especially adequate housing services and water supplies, remain unmet are the indigenous peoples, followed by the Montubios and Afro-Ecuadorians. The Committee notes the implementation of the measures adopted under the “National Plan for Good Living 2013–17”, which includes programmes for marginal rural and urban housing; human development bonuses for single mothers, persons with disabilities and older adults in situations of poverty; and programmes aimed at improving basic education and school meals. The Committee invites the Government to continue to supply information on the objectives achieved through the implementation of policies aimed at the improvement of standards of living. The Committee also invites the Government to include up-to-date information on the results achieved in combating poverty, particularly with regard to indigenous, Montubio and Afro-Ecuadorian communities.

Articles 4 and 5. Agricultural land and independent producers. The Government indicates that one of the main objectives of the “National Plan for Good Living” is to stimulate the activity of small and medium-sized (associative type productive units) that promote the development of the popular solidarity economy. The Committee invites the Government to submit information on the results achieved through the measures adopted to promote the development of independent producers with a view to enabling them to improve their living standards by their own efforts.

Article 12. Remuneration of workers. The Government indicates that the labour legislation in force does not set a maximum limit on the amount of advances on wages. The Committee has noted the draft Basic Code on Labour Relations presented by the Minister for Labour Relations to the National Assembly for discussion in May 2014. The Committee observes that provisions have been incorporated in the draft which set limits on the amounts of advances on wages and regulate the form in which they are repaid. The Committee hopes that the Government will provide information on the adoption of new legislation with a view to ensuring compliance with all the provisions of Article 12 of the Convention.

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

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 2008 direct request, which read as follows:

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the communication by the Ministry of Economic and Social Inclusion included in the report received in September 2008. The communication summarizes the new social development model discussed in the Constituent Assembly and the main social programmes implemented by the Government. The Committee hopes that the Government will include in its next report an updated assessment of the manner in which it is ensured that “the improvement of standards of living” has been regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention) and provide information on the results achieved in the campaign against poverty.

Articles 4 and 5. In reply to the direct request of 2005, the Government reiterates that the coverage of social security services has been extended to the rural population. The Banco de Fomento and other credit institutions promote small producers by making it easier for them to acquire inputs and machinery. The Committee recalls that Article 5, paragraph 2, of the Convention provides that, to ensure minimum standards of living for workers, “account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education”. The Committee invites the Government to include information in its next report on the measures taken to secure, for independent producers and wage earners, conditions which will give them scope to improve living standards by their own efforts (see the other questions included in the report form for Article 5 of the Convention).

Part IV. Remuneration of workers. Article 12. The Government refers in its report to the information communicated previously. The Committee previously stressed the need for measures to be adopted in order to regulate the amounts of advances on wages, including advances which may be made to a worker in consideration of his taking up employment and the need to establish the maximum amount of advances on wages to render any advance in excess of the amount laid down legally irrecoverable. The Committee reiterates its request that, in the next report, the Government provide information on the progress made in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the communication by the Ministry of Economic and Social Inclusion included in the report received in September 2008. The communication summarizes the new social development model discussed in the Constituent Assembly and the main social programmes implemented by the Government. The Committee hopes that the Government will include in its next report an updated assessment of the manner in which it is ensured that “the improvement of standards of living” has been regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention) and provide information on the results achieved in the campaign against  poverty.

Articles 4 and 5. In reply to the direct request of 2005, the Government reiterates that the coverage of social security services has been extended to the rural population. The Banco de Fomento and other credit institutions promote small producers by making it easier for them to acquire inputs and machinery. The Committee recalls that Article 5, paragraph 2, of the Convention provides that, to ensure minimum standards of living for workers, “account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education”. The Committee invites the Government to include information in its next report on the measures taken to secure, for independent producers and wage earners, conditions which will give them scope to improve living standards by their own efforts (see the other questions included in the report form for Article 5 of the Convention).

Part IV. Remuneration of workers. Article 12. The Government refers in its report to the information communicated previously. The Committee previously stressed the need for measures to be adopted in order to regulate the amounts of advances on wages, including advances which may be made to a worker in consideration of his taking up employment and the need to establish the maximum amount of advances on wages to render any advance in excess of the amount laid down legally irrecoverable. The Committee reiterates its request that, in the next report, the Government provide information on the progress made in this regard.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the report received in September 2003 which contains information in response to its direct request of 1999. The Committee intends to pursue consideration of the effect given to Convention No. 117 taking into consideration the matters closely linked with its application which were raised on the application of the Employment Policy Convention, 1964 (No. 122), the Human Resources Development Convention, 1975 (No. 142), the Minimum Age Convention, 1973 (No. 138), the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the Worst Forms of Child Labour Convention, 1999 (No. 182).

2. Parts I and II of the Convention. Improvement of standards of living. The Committee would be grateful if the Government would include in its next report on Convention No. 117 an updated assessment on the manner in which it is ensured that "the improvement of standards of living" has been considered as "the principal objective in the planning of economic development" (Article 2 of the Convention) and provide information on the results achieved in the campaign against poverty.

3. Articles 4 and 5. The Committee wishes to receive updated information on the extension of cover of social security services to the rural population and the manner in which the Banco de Fomento and other credit institutions have made it easier for small producers to acquire inputs and machinery. Article 5, paragraph 2, of the Convention lays down that in ascertaining the minimum standards of living of workers "account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education".

4. Part IV. Remuneration of workers. The Committee refers to its comments relating to the application of the Protection of Wages Convention, 1949 (No. 95), and the Minimum Wage Fixing Convention, 1970 (No. 131). In previous comments on Convention No. 117, the Committee stressed the need for measures to be adopted in order to regulate the amounts of advances on wages, including advances that may be made to a worker in consideration of his/her taking up employment and the need to establish the maximum amount of advances on wages to render any advance in excess of the amount laid down legally irrecoverable. The Committee hopes that the Government’s next report will include indications on progress made in this respect (Article 12).

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the detailed information supplied in the Government's report in reply to its earlier comments.

Article 3 of the Convention. The Committee requests the Government to supply information on the development and results of: (i) the micro-enterprise projects implemented through the Ministry of Labour; (ii) training for people in rural areas; (iii) measures taken by virtue of the General Regulations under the Agrarian Development Act, with particular respect to research programmes to promote, innovate, record and transmit the techniques and customs of indigenous, rural, coastal (montubias) and Afro-Ecuadorean communities, which maintain ancestral production systems, as well as on action undertaken as regards biodiversity.

Article 4. The Committee requests the Government to supply information on the implementation and results of the financing by the Banco Nacional de Fomento of small and medium producers (including the initiative centres of indigenous, coastal, Afro-Ecuadorean, rural and community organizations) and the agricultural loan insurance system. The Committee also requests the Government to supply information on state action to develop and profit the population, under the new Constitution, in respect of: (i) maintenance of ancestral possession of community lands, the award being granted freely, in conformity with the law (section 84(3)); and (ii) participation in the use, usufruct, administration and conservation of renewable natural resources to be found on their lands (section 84(3)).

Article 7. The Committee notes the Government's information indicating that, in conformity with the usual practice in the country, part of the salary or wage is payable to the family in its place of residence, whilst the other part is payable to the worker at his workplace, although the Labour Code contains no express provision in this respect. The Committee requests the Government to supply information on the measures adopted or envisaged to bring the legislation into line with practice.

Article 11. The Committee requests the Government to supply information on the results of the monitoring by the labour inspection services with a view to ensuring that wages are paid normally and regularly to workers, in conformity with the provisions of this Article of the Convention.

Article 12, paragraphs 1 and 2. The Committee notes the Government's reference to section 90 of the Labour Code, which provides for "limited withholding of remuneration by the employer". The Committee reminds the Government that, besides regulating the manner of repayment of advances on wages, Article 12, paragraphs 1 and 2, provide that the amount of advances which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority. The Committee therefore hopes that the Government will adopt in the near future the necessary measures to regulate the quantity of advances of wages, including advances which may be made to a worker in consideration of his taking up employment, in conformity with the provisions of the Convention mentioned above.

Article 12, paragraph 3. The Committee hopes that, when establishing the maximum amounts of advances on wages, the Government will also take the steps to render any advance in excess of the amount laid down legally irrecoverable.

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

The Committee notes the Government's report as well as the codification of the Political Constitution of the Republic of Ecuador (issued on 4 June 1984 as updated in January 1992) and the Act amending the Labour Code (Act No. 133, published on 21 November 1991). It requests the Government to supply information on the following points.

Article 12, paragraphs 1 and 2, of the Convention. The Committee notes that section 89 of the Labour Code has not been modified by Act No. 133 of 1991 and that it limits the repayment of advances to 10 per cent of the monthly remuneration. It requests the Government to indicate how the maximum amount of advances on wages, which may be repaid over a period of several months, is regulated.

Article 12, paragraph 3. The Committee hopes that, when the Government fixes the maximum amount of advances, it will also take measures to ensure that any advance in excess of the prescribed amount shall be legally irrecoverable.

Article 15. The Committee notes with interest that section 27, paragraph 8, of the Political Constitution stipulates that education at the primary level and the basic cycle of the secondary level is obligatory. It requests the Government to state at what age the obligatory education under this provision is to be finished, and to supply information on any laws or regulations enacted to implement this constitutional provision. The Committee also requests the Government to state which measures have been taken to prohibit the employment of persons below school-leaving age during school hours.