Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Equateur (Ratification: 1979)

The Committee notes the joint observations from Public Services International (PSI) and the National Federation of Education Workers (UNE) received on 1 September 2016. The Committee requests the Government to provide its comments in this respect.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the reforms of the Labour Code introduced by the Basic Act of 17 April 2015 concerning labour justice and recognition of work within the home, and the adoption of Ministerial Decision No. MDT-2015-0240 of 20 October 2015 establishing regulations for the structure, composition and operation of the National Labour and Wages Council (CNTS). The Government indicates in its report that it will provide information on the meetings held by the CNTS, once they have begun. The PSI and UNE indicate that they are not recognized as representative organizations of the workers in the public sector. They consider that the Government has opted systematically to disregard workers’ organizations that might be an obstacle to the implementation of its reforms but has intervened directly in the establishment of organizations that give legitimacy to its actions. The PSI and UNE claim that the Government has not held effective consultations with them and has not replied to the various proposals put forward concerning the creation of a forum for bipartite dialogue for the public sector incorporated in what was previously the National Labour Council. The Committee requests the Government to provide information on the consultations held to establish procedures which ensure effective tripartite consultations (Article 2(2)) and to send its comments on the observations made by PSI and UNE. The Committee also requests the Government to provide information on the consultations held on replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)), the proposals made to the National Assembly in connection with the submission of instruments adopted by the Conference (Article 5(1)(b)), and the preparation of reports on the application of ratified Conventions (Article 5(1)(d)). The Committee further requests the Government to indicate whether tripartite consultations have been considered for the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)). The Government is also requested to indicate the intervals at which the abovementioned consultations are held, whether they take place through meetings or only by means of written communications, and any recommendations made by the social partners in response thereto.