Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 4(2), 10 and 14(b) of the Convention. Partial payment of wages in kind – Limits to attachment of wages – Wage statements. The Committee has been requesting the Government for several years to indicate the legal provisions, if any, implementing these Articles of the Convention. In the absence of the Government’s reply on these points, the Committee is obliged to draw the Government’s attention once again to the fact that the general labour legislation does not contain express provisions: (i) regulating the partial payment of wages in kind; (ii) fixing an overall limit to the proportion of wages that may be subject to attachment; and (iii) providing for the issuance of a wage statement at the time of each payment of wages. The Committee, therefore, asks the Government to take all necessary measures to ensure that full effect is given to these requirements of the Convention.

Article 12(1). Payment of wages on time and in full. The Committee recalls its previous comment in which it noted the observations of the National Union of Workers of the telephone services body of the Ecuadorian Telecommunications Institute (IETEL) – “17 de mayo” which had been received on 27 September 2005. According to the allegations of that union, more than 5,000 employees of three telecommunication companies had not been paid overtime for work performed on weekly rest days and public holidays during the period 1989–2005, the overall amount due totalling US$88 million. Noting that the Government has still not provided any specific explanations on the merits of the claims put forward by the union or on any action taken to follow up on these claims, the Committee hopes that the Government will provide together with its next report full particulars on the manner in which this dispute has been settled.

[The Government is asked to reply in detail to the present comments in 2013.]