Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Protection of Wages Convention, 1949 (No. 95) - Ecuador (Ratification: 1954)

The Committee notes the observations of the National Union of Workers of the telephone services body of the Ecuadorian Telecommunications Institute (IETEL) – “17 de mayo” – received on 27 September 2005. The union alleges that more than 5,000 employees of the communications companies EMETEL S.A., ANDINATEL S.A. and PACIFICTEL S.A. have not been paid for overtime worked on weekly rest days and other holidays between 1 January 1989 and 31 August 2005 and demands the payment of 15 per cent of the amount corresponding to some 6,000 hours of overtime worked (approximately US$88 million). The union also refers to the views of the sectoral committees of telecommunications technicians, according to which a telephone operator’s working day should not exceed four hours, for reasons relating to workers’ health.

In its reply, the Government indicated that the monitoring of hours of work falls within the competence of the regional labour directorate, through the Labour Inspectorate, and that no complaint lodged by the “17 de mayo” union with regard to the implementation of the wage policy is currently under investigation.

While recalling that the notion of wages, as defined in Article 1 of the Convention, means any remuneration for work done or services rendered and therefore includes overtime, the Committee requires more detailed and specific information – particularly concerning the changes made to the statute of the national telecommunications body between 1992 and 1997 – both on the nature and legal basis of the claims put forward by the union, and also on how the Government deals with such claims.