Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ecuador (Ratification: 1967)

The Committee notes the adoption of Act No. 133 to reform the Labour Code, published 21 November 1991, and requests the Government to provide comments in its next report on the following questions:

1. Sympathy strikes. The Committee notes that the new Act, in its reference to sympathy strikes (new section 498), although it recognises the right to such strikes for a three-day period, provides that sympathy strikers shall not enjoy the guarantee of employment security set out in section 496 of the Labour Code.

The Committee requests the Government to clarify whether Act No. 133 has the effect, as it would appear from its wording, of granting workers the right to call sympathy strikes, while depriving them at the same time of the general guarantee of employment security and if so to amend it.

2. Impact of compulsory arbitration on the right to strike. The Committee notes that a compulsory mediation and arbitration procedure is established (of a combined duration of 37 days) by virtue of sections 56 and 61 of Act No. 133. The Committee requests the Government to state whether the compulsory arbitration procedure prevents the calling of a strike before or after the final decision of the Conciliation and Arbitration Court.

With regard to the 20-day period that has to elapse between the calling of a strike and the suspension of work in institutions and enterprises which provide services of a social or public nature, the Committee also requests the Government to state whether this period is added to the 37-day period of compulsory mediation and arbitration.

3. Right to strike in respect of federations and confederations. The Committee requests the Government to state whether federations and confederations have the right to call strikes.

The Committee hopes that it will have received the Government's reply in time for its next session.