Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Plantations Convention, 1958 (No. 110) - Ecuador (Ratification: 1969)

Articles 5–19 of the Convention. Engagement and recruitment of migrant workers. In its previous comment, the Committee noted the Government’s indication that professional recruiting is done by public or private placement agencies only where these agencies are authorized to do so. However, the Committee notes the Government’s indication that the recruitment of migrant workers is done directly through the employer rather than through private recruitment agencies, in accordance with section 560 of the Labour Code and the Immigration Law. The Committee also notes the documentation and statistical information provided by the Government, especially the legislation implementing the Andean Community’s Decision 545 of 25 June 2003 and the bilateral agreements with Peru. The Committee further notes that the Ministry of Labour Relations is preparing information regarding the number of labour migrants, their working conditions, and the types of plantations on which they work. The Committee requests the Government to provide further information on the recruitment of migrant workers through employers and public agencies, as well as information on the Ministry of Labour Relations’ findings regarding the number of labour migrants, their working conditions, and the types of plantations on which they work.

Articles 24–35. Wages. The Committee notes once again that the Government has not indicated the number of plantation workers who benefit from the minimum wage for agricultural workers. The Committee however notes the Government’s statistical information which indicates that the disparity between workers’ purchasing power based on the minimum wage and the cost of a basic basket of goods has substantially decreased since 2007. Further, the Committee notes that the minimum wage fixing for plantation workers was developed through tripartite sectoral committees with ILO technical assistance. The Committee notes, however, that while the Government indicates that US$318 per month is the minimum wage for workers in general, it has not indicated the number of plantation workers who benefit from that minimum wage. Accordingly, the Committee once again requests the Government to indicate the number of plantation workers who benefit from the minimum wage. The Committee additionally requests the Government to indicate measures taken or envisaged to eliminate the gap between the base monthly minimum wage and the cost of a basic basket of goods.

Articles 36–42. Annual holidays with pay. The Committee notes the Government’s indication that section 74, which allows an employer to deny a worker annual leave for one year, applies only to workers performing technical or confidential work who would be difficult to replace for a short time, and that section 69 entitles all workers to a minimum of 15 days leave annually. Additionally, the Committee notes once again that section 75 of the Labour Code permits workers to not use their annual leave for three consecutive years and take all of their accumulated leave in the fourth year. The Committee recalls that Article 41 of the Convention voids any agreement to forgo annual leave. The Committee once again requests the Government to indicate measures taken or envisaged to bring section 75 of the Labour Code in line with the provisions of the Convention.

Articles 46–52. Maternity protection. The Committee notes the Government’s indication of numerous provisions in its national legislation which protect pregnant workers as well as those who have recently given birth. The Committee notes, however, that the Government has not identified a provision in the national legislation which guarantees that when confinement takes place after the presumed date of confinement, the leave taken before the presumed date shall be extended until the actual date of confinement with no reduction in the period of compulsory postnatal leave, in accordance with Article 47(5) of the Convention. The Committee requests the Government to clarify whether the requirements of Article 47(5) are guaranteed in national legislation or national practice.

Articles 54–70. Right to organize and collective bargaining and freedom of association. The Committee had previously noted that the conditions for carrying out trade union activities in banana plantations were extremely hard and accounted for the very low unionization rate. The Committee notes the Government’s indication that, since 2012, it has begun aggregating information on trade unions under the Integrated System of Labour Organization Registration (SINROL). The Committee requests the Government to provide information on the number of plantations that have trade unions, as identified through SINROL.

Articles 71–84. Labour Inspection. The Committee notes that the statistical information provided by the Government does not provide any specific data on inspections conducted on plantations, but rather provides general information on inspections in all sectors of labour. Accordingly, the Committee once again requests the Government to provide statistics of inspections in plantations showing infringements of labour provisions reported (especially in areas such as hours of work, wages, safety and health, maternity, and the employment of minors) and the sanctions imposed on violators. The Committee also requests the Government to indicate measures taken or envisaged to ensure that labour inspections are no longer conducted in a sporadic manner and that reports from labour inspectors are submitted to the relevant authority at least once a year, as required by Article 84 of the Convention.

Articles 85–88. Housing. The Committee takes note of the Ministry of Urban Development and Housing’s Rural Housing Program, which provides housing to rural workers and their families that do not have the economic capacity to secure accommodations. The Committee requests the Government to keep providing information on measures taken to encourage adequate housing accommodation for plantation workers and to indicate the minimum standards and specifications for the accommodations provided to plantation workers through the Rural Housing Program.

Articles 89–91. Medical care. The Committee requests once again the Government to provide relevant and specific information on the implementation of the national legislation guaranteeing plantation workers and their families with appropriate medical care. The Committee further requests the Government to provide specific information on the medical services provided to plantation workers and their families who have been exposed to pesticides.