Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes that following a referendum held on 28 September 2008, a new Constitution was adopted which entered into force on 20 October 2008.

Article 2 of the Convention. The Committee observes that article 326, paragraph 9, of the new Constitution provides that “for all purposes of the employment relationship in state institutions, the labour sector shall be represented by a single organization”. The Committee recalls that to impose a trade union monopoly in state institutions or bodies is not compatible with the Convention. It again asks the Government to state whether this provision prevents the establishment of more than one organization in each public body or institution, or merely gives preferential rights for collective bargaining to the most representative organization, and to indicate whether once an organization becomes the most representative it may exercise such preferential rights in the place of the organization that no longer has the majority.