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

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

Article 4(2) of the Convention. Partial payment of wages in kind. In its previous comments, the Committee noted that section 95 of the Labour Code permits, in principle, the partial payment of wages in kind and that the national labour legislation does not contain express provisions regulating such payment. The Committee notes the Government’s statement in its report that the wages must be paid in the form of legal tender and no other forms of payment are allowed, as stipulated by section 87 of the Labour Code, and that the social benefits or payments in kind referred to by section 95 of the Labour Code only apply when the employer has to pay compensation to which the worker is entitled.

Article 10. Limits to attachment of wages. In its previous comments, the Committee noted that section 91 of the Labour Code provides that the attachment of wages is not permitted, except for the payment of alimony and that the general labour legislation does not contain any express provisions fixing an overall limit to the proportion of wages that may be subject to attachment. The Committee notes the Government’s statement that the courts determine alimony, taking account of the table of alimony allowances for minors issued by the National Council for Children and Young Persons (this table fixes the percentages which may be subject to attachment taking account of the worker’s income and the age of the beneficiary of alimony).

Article 14(b). Wage statements. The Committee previously noted that the general labour legislation does not contain express provisions providing for the issuance of a wage statement to the worker at the time of each payment of wages. The Committee notes the Government’s statement that the internal regulations of enterprises provide that payroll records must include details of workers’ income (wages, overtime payments, reserve fund, food allowance and transport, where applicable) and expenditure (personal contribution to the Ecuadorian Social Security Institute, income tax, credits, advances on wages). The Committee takes note of all these elements and asks the Government to continue to provide information on how it continues to ensure that the Convention is being applied in law and in practice.