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

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

The Committee notes the Government’s comments.

Article 1 of the Convention. The Committee recalls that in its previous observation it had referred to the need to include provisions in the legislation which guarantee protection against anti-union discrimination at the time of recruitment. The Committee notes the Government’s statement that there do not exist acts of anti-union discrimination at the time of recruitment and that the rights and guarantees set forth in international instruments are directly applicable (article 18 of the National Constitution). In this respect, the Committee insists on the need to adopt the above provisions and requests the Government to provide information in its next report on any measure adopted in this respect.

Article 4. The Committee recalls that it had referred to the need to amend section 229 of the Labour Code, regarding the submission of a draft collective agreement, so that minority trade union organizations which do not include more than 50 per cent of workers subject to the Labour Code can negotiate, on their own or jointly, on behalf of their own members. The Committee regrets that the Government did not refer to this matter in its report. The Committee requests the Government to take measures to carry out the necessary amendments as soon as possible.

For several years the Committee has been referring to the need for teaching staff and heads of educational institutions, as well as those who carry out technical and professional functions in the education sector (who are subject to the laws respecting education and the salary scales of teachers), referred to in section 3(h) of the Civil Service and Administrative Careers Act, to benefit from the right to organize and bargain collectively, not only at the national level, but also at the local and establishment levels. Furthermore, in its previous observation, the Committee had noted the Government’s indication that the right of association of teaching staff is guaranteed throughout the entire country by the National Union of Education Personnel (UNE), through the existence of UNE branch offices at the local level in each province, and that teaching staff may also form associations in each educational institution, as actually occurs in practice. In this respect, the Committee requests the Government to provide information in its next report on the legal provisions governing the labour relations of these workers and under which they benefit from the guarantees set forth in the Convention.

Article 6. The Committee recalls that it had referred to the need to amend section 3(g) of the Civil Service and Administrative Careers Act so that workers in official departments or other public sector institutions, as well as private institutions in the social or public spheres, can enjoy the rights guaranteed in the Convention. The Committee regrets to note that the Government’s report does not refer to this matter. The Committee recalls that, under the terms of Article 6 of the Convention, only public servants engaged in the administration of the State may be excluded from its scope, but not the workers referred to in section 3(g) of the Civil Service and Administrative Careers Act. The Committee once again requests the Government to take measures to amend the above Act and to provide information in its next report on any measures adopted in this respect.

Finally, the Committee notes the Government’s statement that it is resolutely examining the adoption of all the suggested reforms which are necessary and desirable in the light of the Convention. In this respect, the Committee suggests that the Government should have recourse to the Office’s technical assistance to ensure that the amendments that are proposed are in full conformity with the provisions of the Convention. The Committee requests the Government to provide detailed information in its next report of any progress achieved in relation to the matters raised above.