Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Ecuador (Ratification: 2013)

The Committee notes the information provided by the Government in its first report.

Article 1 of the Convention. Definitions. The Committee requests the Government to provide information on the definition of the term “dependent child” for the purposes of the application of the Convention, including specific criteria such as age, legal relationship with the worker concerned, place of residence or other elements taken into account to define the concept of dependency. The Committee also requests the Government to supply information on the definition of the term “other member of the immediate family”.

Article 3. National policy. The Committee notes the various provisions of the Constitution which guarantee men’s and women’s right to equality and are relevant to the application of the Convention, namely: article 43(1), which establishes the right of pregnant or nursing women not to be exposed to discrimination on account of their maternity in the educational, social and labour spheres; article 70, which provides that the State shall formulate and implement policies to guarantee gender equality; article 331, which establishes equality for women in access to employment, vocational and occupational training and promotion, and also their right to fair pay and self-employed work; and article 333, which provides that the State shall promote the sharing of domestic work and family responsibilities between men and women. The Committee also notes the Government’s statement in its report that, in the context of the National Agenda for Women and Gender Equality 2014–17 and objective 9.4 of the National Plan for Well–Being 2013–17, it is planned to adopt measures enabling a fairer distribution of unpaid care work between men and women, including flexibilization, telework, the setting up of child development and special care centres, and the reinforcement of support and social protection for persons responsible for such work. The Committee requests the Government to provide information on the measures taken or envisaged under the provisions of the Constitution and in the context of the National Agenda for Women and Gender Equality 2014–17 and the National Plan for Good Living 2013–17, with a view to enabling persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

Article 4. Leave rights. The Committee notes that article 332 of the Constitution requires the protection of the reproductive rights of workers, with respect to access to and stability in employment, as well as maternity and nursing rights, and the right to paternity leave. Article 333 recognizes unpaid care work as productive labour and imposes the obligation on the State to promote a labour system that functions in harmony with needs relating to personal care, through appropriate services, infrastructure and hours of work. The Committee also notes that section 152 of the Labour Code recognizes women’s right to paid maternity leave (12 weeks) and men’s right to paid paternity leave (12 days), the length of which may be extended if special care is required for children; leave for the adoption of children (15 days); and leave for the medical treatment of children who suffer from a degenerative disease (25 days). Section 27 of the Basic Act of 2010 concerning the public service reproduces the abovementioned system of leave for workers in the public sector. The Committee also notes that section 52(4) of the Basic Act of 2012 concerning disabilities provides that workers in both the public and private sectors who are under contract to work eight hours a day and are responsible for a person with a severe disability shall be entitled to two hours per day to take care of that person. Moreover, section 155 of the Labour Code and section 33(3), of the Basic Act concerning the public service relating to women workers in the public sector, establish that nursing mothers shall be entitled to a two-hour reduction in the working day for 12 months following childbirth. The Committee requests the Government to provide information on the application in practice of the abovementioned provisions, including statistical information, disaggregated by sex, on the number of workers who avail themselves to the abovementioned schemes relating to leave and reductions in the working day. The Committee also requests the Government to indicate whether measures exist that take account of the needs of men and women workers who have responsibilities in relation to other members of their immediate family, particularly older persons, in terms of conditions of employment and social security.

Article 5. Services and facilities for the care of children and other family members. The Committee notes that the Constitution prescribes the adoption of measures by the State to ensure the provision of care for children and young persons (article 46(1)), persons with disabilities (article 47(1)) and older persons (article 38(1)). Article 333 also indicates that the State shall provide services to care for children and persons with disabilities and any other services needed to enable workers to carry out their work. The Committee also notes that sections 42(5) and 155 of the Labour Code impose the obligation on employers to establish elementary schools for children of workers in cases where permanent workplaces are located more than two kilometres from villages with at least 20 children in the school; and, to provide free daycare services in cases where there are 50 or more workers. With regard to workers in the public sector, section 23(p) of the Basic Act concerning the public service establishes the right of workers to enroll their children up to four years of age in a childcare centre chosen and paid for by the public authority. The Committee also notes that, according to section 42 of the Education Act of 2011, basic general education begins at 5 years of age and is compulsory until 14 years of age. The Committee also notes the process to institutionalize childcare services further to the promulgation of the Constitution, and also the setting up of the Institute for Children and the Family (INFA), which provides “Childcare Centres for Well–Being” (CIBVs) for children between 3 and 59 months of age. The National Agenda for Women and Gender Equality 2014–17 states that a total of 125,000 children under 5 years of age were catered for in the CIBVs between 2008 and 2011 and that it is indicated in the National Agreement that the number of these centres will be increased to 1,000 by 2017. While welcoming the various measures planned to ensure the provision of care for the children of workers, the Committee requests the Government to send up-to-date information on: (i) the number and nature of community childcare and family services and facilities available to men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities who avail themselves to childcare and family services, disaggregated by sex.

Article 6. Information and awareness raising. The Committee notes the Government’s statement that the National Plan for Well–Being 2013–17 and the UN-Women HeForShe Campaign seek, respectively, to adopt measures to raise awareness of men’s right to paternity and domestic space, and to highlight the importance of men’s participation in efforts to achieve gender equality. The Committee also notes the preparation of the “time use survey” by the National Institute of Statistics and Censuses (INEC), which highlights gender differences in the distribution of paid and unpaid working time, including the care of children and other family members. The Committee requests the Government to continue providing information on measures taken or envisaged to promote better understanding of the principle of equality between workers with family responsibilities and those without them, and of the problems of workers with family responsibilities, including the measures adopted under the National Plan for Well–Being 2013–17 and the UN-Women HeForShe Campaign, and to send the results of the “time use survey”.

Article 7. Vocational guidance and training. The Committee notes the Government’s statement that the objectives of the National Plan for Well–Being 2013–17 include reinforcing programmes designed to integrate women and priority groups, including pregnant women, in the labour market, either through paid work or through support for self-employment. The Committee also notes the Government’s statement that a total of 4,397 pregnant women took part in the training programmes of the Ecuadorian Employment Training Service between 2007 and 2013. The Committee requests the Government to provide further information on the vocational guidance and training measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities, including measures adopted under the National Plan for Well–Being 2013–17. The Committee also requests the Government to provide statistical information, disaggregated by sex, on the number of workers with family responsibilities who benefit from such measures.

Article 8. Protection against dismissal. The Committee notes that article 332 of the Constitution prohibits the dismissal of any woman worker on the basis of pregnancy or maternity and also prohibits any discrimination in relation to reproductive roles. The Committee also notes the Government’s statement that sections 153 and 195.3 of the Labour Code as amended in 2015, prohibit the dismissal of a woman on grounds of pregnancy, and also prohibits her being replaced permanently during the period of maternity leave. In particular, section 195.3 provides that dismissal has no effect, and the woman concerned shall receive compensation and that the employer, in the event of non-compliance regarding the reintegration of the worker and payment of compensation shall incur the penalties laid down in the Basic Comprehensive Penal Code for failure to comply with legitimate decisions of a competent authority. The Government also states that section 154(1) of the Labour Code prohibits the dismissal of any woman who remains absent from her work for up to one year as a result of sickness originating from pregnancy or childbirth entailing incapacity to work. The Committee further notes that section 51(1) of the Basic Act concerning disabilities establishes the obligation to provide compensation for the unjustified dismissal of any person responsible for taking care of persons with disabilities. The Committee requests the Government to indicate whether protection against discrimination in relation to reproductive roles also extends to male workers. The Committee requests the Government to supply information on the application in practice and the impact of the provisions relating to protection against dismissal of women during pregnancy or after childbirth and of men and women workers with family responsibilities. The Committee also requests the Government to supply information on any court or administrative decision and on any investigation conducted by the labour inspectorate in relation to the dismissal of workers on grounds of family responsibilities.

Article 9. The Committee requests the Government to provide information on any collective agreements, work rules, court rulings or other decisions whereby the Convention is applied.

Article 11. The Committee requests the Government to indicate the procedures whereby the participation of employers’ and workers’ organizations provided for in this Article is ensured.

Enforcement. The Committee notes that the National Equality Councils are responsible for ensuring full observance of the rights established in the Constitution and in international treaties. The Committee requests the Government to provide information on the manner in which the National Equality Councils ensure compliance with the provisions of the Convention, and on any court ruling, or administrative decision, related to the application of the Convention.