Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ecuador (Ratification: 1967)

The Committee recalls that in its previous comments it requested the Government to:

• -provide detailed information on the categories of public servants excluded from the right to organize and also the grounds for such exclusion;
• -take the necessary steps to ensure that the legislation does not excessively restrict the right of organizations of public servants to organize their activities and to formulate their programmes;
• -take the necessary steps to amend section 515 of the Labour Code to ensure that, in the event of disagreement of the parties concerning the determination of minimum services in the private sector, the decision is not taken by the government authorities but by a joint or independent body which has the confidence of the parties;
• -initiate discussions with the social partners on the possibility of amending article 326(12) of the Constitution and the related legal provisions so as to ensure that compulsory arbitration is possible only in cases where strikes may be limited or even prohibited, namely, as far as the private sector is concerned, in essential services in the strict sense of the term or in the event of an acute national crisis; and
• -report on any progress with regard to the recognition of the right to strike of federations and confederations.

The Committee trusts that the technical assistance which will be afforded shortly will enable significant progress to be made in relation to the above issues, which will be examined by the Committee at its 2020 session.

[The Government is asked to reply in full to the present comments in 2020.]