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

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

The Committee notes the information provided by the Government in its report regarding the cooperation between various public institutions (Article 5(a)) of the Convention, the collaboration of technical specialists in occupational safety and health in the work of inspections (Article 9). It also notes the penalties established in the Labour Code in the event of a violation of the provisions therein (Article 18).

Legislation. With reference to its previous comments, and in the light of the lack of information from the Government in this respect, the Committee requests the Government to specify the provisions which give effect to Articles 3, 4 and 5 (regarding the functions and organization of the system of inspection), Articles 12(1)(a), (b), (c)(iii) and (iv), (2), 13 and 17 (regarding the functions and competences of labour inspectors) and Article 15 of the Convention (regarding the ethical obligations of labour inspectors).

Article 3(1) and (2) of the Convention. Duties of labour inspectors in the area of dispute resolution. In its previous comments, the Committee noted that labour mediation centres were being set up which would have specialist staff to relieve labour inspectors of duties relating to the settlement of labour disputes. In this connection, the Government indicates that the project to set up labour mediation centres, the main office of which will be in Quito, is under way and that once it receives the registry number from the Council of the Judiciary they will become operational. The Committee requests the Government to report on the effective operationalization of these centres, as well as on the measures adopted to ensure that the duties entrusted to them are also performed at regional and local levels.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the information provided by the Government according to which, as at mid-June 2015, there were 63 inspectors with permanent appointments, 108 inspectors with temporary appointments and 24 labour inspectors under call order contracts. The Committee recalls that under Article 6, inspection staff should be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee requests the Government to provide information explaining the increase in the number of inspectors with temporary appointments, as well as the hiring of inspectors under call order contracts. The Committee also requests the Government to specify the duties entrusted to and the powers conferred on inspectors with temporary appointments and under call order contracts.

Articles 10, 16, 21(b) and (c). Labour inspection staff and coverage of the needs of labour inspection. In its previous comments, the Committee noted the increase in the number of labour inspectors, which stood at 65 in 2006 and rose to 245 by early 2013, and requested the Government to provide information on the geographical distribution and categories of labour inspectors, and information on the number, nature and geographical distribution of the workplaces liable to inspection, and on the number and classes of workers employed in them. The Committee notes the Government’s indication that in 2014 there were 207 labour inspectors, distributed throughout seven regional and 32 provincial branches, who in the same year conducted 26,554 comprehensive inspections. It notes that that number fell again and that towards late June 2015 it rose to a total of 195 inspectors (distributed throughout the same number of regional and provincial branches). The Committee also notes that the Government has not provided any data on the workplaces liable to inspection and their geographical distribution, nor on the workers employed in them. This makes it impossible to assess the rate of coverage of labour inspection services. The Committee reminds the Government of the importance of such information for the central authority to discharge its functions in an optimal manner. The Committee requests the Government to indicate whether the number of inspectors has fallen, and to take the necessary measures with a view to establishing and periodically updating a register of workplaces liable to inspection. In this respect, the Committee invites the Government to refer to its 2009 general observation.

Article 11. Material resources of the labour inspectorate. The Committee notes with interest the information provided by the Government on the furnishing of inspectorate offices with technological and office resources at the national level. It also notes that the Government intends to provide all inspectors with tablets with Internet connection to enable inspectors to enter online data on inspections while they are being conducted. It also notes that, according to the information from the Government, vehicles for professional use by inspectors are available to all inspectorates and that, when inspectors use public transport for work-related travel, they are reimbursed.