Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Labour Inspection Convention, 1947 (No. 81) - Ecuador (Ratification: 1975)

With reference to its observation, the Committee notes the Government’s report and the partial information provided in response to its previous comments. It requests the Government to provide additional information on the following Articles.

Article 3, paragraph 1(c), of the Convention. Please indicate whether it is laid down, as prescribed by this provision, that labour inspectors are responsible for bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Paragraph 2. Please indicate the manner in which it is ensured that the duties conferred upon labour inspectors by section 42 of the organic regulations of the functions of the Ministry of Labour and Human Resources and section 553 of the Labour Code, apart from those set out in paragraph 1 (a) to (c) of this Article of the Convention, do not interfere with the effective discharge of the latter duties and do not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 7, paragraph 3. The Committee notes that a process of comprehensive training for labour inspectors was due to begin in the middle of September 2001. It also notes that the Government envisages taking measures with the assistance of international cooperation for the professional specialization of labour inspectors. It requests the Government to provide information on the results of the measures taken in this respect.

Article 12. The Committee notes the supervisory functions assigned to labour inspectors under section 553(4) of the Labour Code. It notes that, in accordance with subsection 8 of this section, labour inspectors may also be assigned other functions determined by the law and ratified international Conventions. The Committee would be grateful if the Government would specify the other functions assigned to labour inspectors under this provision and if it would indicate the legal provisions entrusting inspectors with the powers set out in paragraphs 1 (a) to (c) and 2 of this Article of the Convention.

Article 13. The Committee notes that section 443 of the Labour Code authorizes the Ministry of Labour and Human Resources, after consulting the head of the Occupational Safety and Health Department, to order the suspension of work or the closure of workplaces which are harmful to the health or safety of workers and constitute a threat in this respect, or which violate the relevant safety and health standards. The Committee requests the Government to provide copies of the texts issued under this section of the Code.

Article 15. The Committee requests the Government to indicate the manner in which effect is given to the obligation of confidentiality with regard to the source of any complaint, which is required of labour inspectors by paragraph (c) of this Article.

Article 18. The Committee would be grateful if the Government would indicate the provisions establishing adequate penalties for obstructing labour inspectors in the performance of their duties.