Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Referring to its observation, the Committee would be grateful if the Government would supply the information requested in the 2008 direct request under Articles 3(2) (further duties entrusted to labour inspectors),
5 (cooperation necessary to the functioning of the labour inspection service), 7(3) (training of labour inspectors), 11(1)(a) (material resources of the inspection services) and 14 (notification of industrial accidents and cases of occupational disease to the labour inspectorate) of the Convention, together with further information on the following points.

Article 3(2) of the Convention. Role of labour inspectors in the settlement of collective labour disputes. Further to its previous comments, the Committee observes that the law continues to entrust labour inspectors with mediation duties in collective labour disputes. It wishes to point out that, in accordance with Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee would be grateful if the Government would accordingly take measures to relieve labour inspectors of duties relating to the settlement of labour disputes so that they may devote themselves more fully to supervising the legislation on working conditions and the protection of workers, and to keep the Office informed.

Article 6. Status and conditions of service of labour inspectors. Further to its observation on the varying status of labour inspection staff, the Committee asks the Government to provide information on the matter and in any event to take measures to ensure that full effect is given to Article 6 of the Convention on inspection personnel having the duties, powers and prerogatives defined in Articles 3(1), 12, 13 and 17, and to keep the ILO informed of any progress in this regard.

Article 7(1). Qualifications of labour inspectors. Noting that the Basic Act on the Public Service and Administrative Careers (LOSCA) provides for public administration posts (including “labour inspector” posts and “child labour inspector” posts) to be filled by competition, the Committee asks the Government to send detailed information on the competitions organized for the recruitment of labour inspectors during the period covered by the next report, and on the results thereof.

Article 9. Cooperation of specialists and technical experts. The Government is asked to take measures to secure the cooperation of specialists and technical experts duly qualified in the running of the labour inspection service so as to ensure application of the legal provisions on the safety and health of workers while engaged in their work, and to provide details of these measures and their application in practice.

Articles 20 and 21. Publication and communication of an annual inspection report. The Committee asks the Government to ensure that an annual report on the activities of the labour inspectorate containing the information required by Article 21(a)–(g) is published and sent to the ILO at the earliest possible date.