Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Convention (n° 131) sur la fixation des salaires minima, 1970 - Equateur (Ratification: 1970)

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.