In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102, 118, 121, 128 and 130 together.

The Committee notes the Government’s report and the observations of the Trade Union Association of Agricultural, Banana and Rural Workers (ASTAC), in respect of which the Committee requests the Government to provide its comments in its next reports.

Articles 1, 71(3) and 72(2) of Convention No. 102. Article 4 of Convention No. 121. Articles 7, 14 and 20 of Convention No. 128. Article 7 of Convention No. 130. Coverage of the social security system and general responsibility of the State for the proper administration of social security institutions and services and for the sustainable financing of social security benefits. The Committee notes the indication by the ASTAC in its observations that the number of insured workers is under 50 per cent of the economically active population and that this rate is approximately 13 per cent in the agricultural sector. It adds that in many cases employers do not register their workers, deduct the amount of the contributions from their wages and do not transfer them to the social security system. It reports that, due to the low registration rates, the Ecuadorian Social Security Institute (IESS) is experiencing a financial crisis, resulting in inefficiency in the provision of benefits. The Committee also notes the statistical data contained in the National Employment, Underemployment and Unemployment Survey (ENEMDU), according to which the occupied population consists of 8,008,824 persons, while the population in formal employment, and therefore who are subject to compulsory registration with the social security system, is 2,773,750. In the rural sector, the data shows that persons engaged in “underemployment” or “other than formal employment” are more numerous than workers in formal employment. During the first quarter of 2022, the informal sector accounted for 73.2 per cent in rural areas. While hoping that the Government will provide its comments concerning the observations of the ASTAC, and taking into account the statistics of the National Employment, Underemployment and Unemployment Survey, the Committee requests the Government to provide full statistical data including the current coverage of the social security system in terms of numbers of beneficiaries, disaggregated by branch and the various economic sectors, including the informal economy, in relation to the total number of workers, as indicated in the report forms for Conventions Nos 102, 121, 128 and 130.

Article 5 of Convention No. 118. Payment of benefits abroad.The Committee notes that the Government’s report does not provide information in reply to its previous comments on the manner in which benefits in the branches (a) to (d), (f) and (g), which have been accepted by Ecuador, are paid to beneficiaries living outside Ecuador. It therefore once again requests the Government to provide: (i) information on the national laws and regulations that give effect to the Convention and on the existence of bilateral agreements on this subject, with an indication of the manner in which the payment of benefits is ensured for beneficiaries abroad; and (ii) statistics on the benefits paid in this regard, disaggregated by the type and number of beneficiaries, type of benefit, amount paid and country of residence of the beneficiaries.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) of Convention No. 121. Amount of periodical payments. The Committee notes the information provided by the Government in relation to its previous comments, clarifying that the average of previous earnings is used for the calculation of all benefits. The Committee observes that Articles 19(1) and (6) and 20(1) and (4) provide guidance on the basis that can be used or with which calculations must be compared in relation to average earnings. Taking into account the information provided by the Government indicating that benefits are calculated on the basis of average of previous earnings, the Committee requests the Government to: (i) indicate whether a ceiling is applied to contributions or the payment of benefits; (ii) demonstrate the manner in which the calculation of the average earnings as a basis for determining the amounts of contributions meets the requirements set out in Articles 19 and 20 of the Convention.

Article 21 of Convention No. 121. Review of rates of cash benefits. The Committee notes the statistical data provided by the Government in relation to its previous comments, indicating the number of beneficiaries and the total amount of benefits of each type paid over the past ten years. The Committee recalls that, in accordance with Article 21 of the Convention, the rates of cash benefits shall be reviewed following substantial changes in the general level of earnings or cost of living. The Committee therefore considers it necessary to provide further statistical data required in the report form as a basis for assessing the real impact of the adjustments of pensions and other long-term cash benefits, taking into account changes in the general level of earnings and in the cost of living in the country. The Committee once again requests the Government to provide specific statistical data required to assess the application of Article 21 of Convention No. 121 in relation to the rates of adjustment of benefits.

Part VII (Miscellaneous provisions), Article 38 of Convention No. 128. Coverage of agricultural workers. The Committee notes with interest the information provided by the Government in reply to its previous comment that Decision No. 636/2021 of the Executive Board envisages the provision of health, invalidity, old-age and survivors’ benefits to agricultural workers covered by the rural social security scheme. The Committee therefore encourages the Government to provide further information on the manner in which the new provisions give effect to the Convention in relation to the provision of invalidity, old-age and survivors’ benefits to agricultural workers, with a view to bringing to an end the temporary exclusion authorized by Article 38(2) of the Convention.