Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ecuador (Ratification: 1959)

The Committee notes the Government's report and recalls that its previous comments concerned:

- lack of protection against anti-union discrimination at the time of recruitment; and

- the requirement that 50 per cent of all workers in the public sector who are covered by the Labour Code, or in the private sector working in the social or public spheres, must be in a negotiating body in order to submit a draft collective agreement (section 230, as amended, of the Labour Code).

The Committee notes with interest that, according to the information supplied by the Government, section 43(f), as amended, of the draft reforms to the Labour Code which is before Congress protect the worker against acts of anti-union discrimination at the time of recruitment.

The Committee regrets to observe that in its report the Government has not replied to its comment that the requirement of 50 per cent of those workers in the public sector, or in the private sector working in the social or public spheres (who are covered by the Labour Code), must be in a negotiating body in order to submit a draft collective agreement (section 230, as amended, of the Code) is too high.

The Committee indicates that when the conditions referring to the number of members of a trade union or to the voting powers of workers in a negotiating body are such that the workers of a union may be deprived of the right to collective negotiation, even when there exists one, or more, legally constituted trade union, this legislation should recognize that the union or unions have the right to negotiate at least on behalf of their own members. Further, the Committee recalls that even in those systems in which a negotiating agent must be designated exclusively, when no trade union can be designated as representative due to the lack of the required percentage, the most representative trade union in the body, although it may not represent 50 per cent, must be recognized as having the right to collective bargaining.

The Committee asks the Government once again to adopt, as soon as possible, the necessary measures so that both legislation and practice are in full conformity with the provisions of the Convention, and that the frequently announced approval of draft legal reforms should take place in the near future.

The Committee requests the Government in its next report to inform it of any progress made in connection with its previous comments.

The Committee is also sending a direct request to the Government.