Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Ecuador (Ratification: 1978)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comments: C.118 direct request; C.121 direct request; C.128 direct request.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102, 118, 121, 128 and 130 together.

The Committee notes the Government’s report and the observations of the Trade Union Association of Agricultural, Banana and Rural Workers (ASTAC), in respect of which the Committee requests the Government to provide its comments in its next reports.

Articles 1, 71(3) and 72(2) of Convention No. 102. Article 4 of Convention No. 121. Articles 7, 14 and 20 of Convention No. 128. Article 7 of Convention No. 130. Coverage of the social security system and general responsibility of the State for the proper administration of social security institutions and services and for the sustainable financing of social security benefits. The Committee notes the indication by the ASTAC in its observations that the number of insured workers is under 50 per cent of the economically active population and that this rate is approximately 13 per cent in the agricultural sector. It adds that in many cases employers do not register their workers, deduct the amount of the contributions from their wages and do not transfer them to the social security system. It reports that, due to the low registration rates, the Ecuadorian Social Security Institute (IESS) is experiencing a financial crisis, resulting in inefficiency in the provision of benefits. The Committee also notes the statistical data contained in the National Employment, Underemployment and Unemployment Survey (ENEMDU), according to which the occupied population consists of 8,008,824 persons, while the population in formal employment, and therefore who are subject to compulsory registration with the social security system, is 2,773,750. In the rural sector, the data shows that persons engaged in “underemployment” or “other than formal employment” are more numerous than workers in formal employment. During the first quarter of 2022, the informal sector accounted for 73.2 per cent in rural areas. While hoping that the Government will provide its comments concerning the observations of the ASTAC, and taking into account the statistics of the National Employment, Underemployment and Unemployment Survey, the Committee requests the Government to provide full statistical data including the current coverage of the social security system in terms of numbers of beneficiaries, disaggregated by branch and the various economic sectors, including the informal economy, in relation to the total number of workers, as indicated in the report forms for Conventions Nos 102, 121, 128 and 130.

Article 5 of Convention No. 118. Payment of benefits abroad.The Committee notes that the Government’s report does not provide information in reply to its previous comments on the manner in which benefits in the branches (a) to (d), (f) and (g), which have been accepted by Ecuador, are paid to beneficiaries living outside Ecuador. It therefore once again requests the Government to provide: (i) information on the national laws and regulations that give effect to the Convention and on the existence of bilateral agreements on this subject, with an indication of the manner in which the payment of benefits is ensured for beneficiaries abroad; and (ii) statistics on the benefits paid in this regard, disaggregated by the type and number of beneficiaries, type of benefit, amount paid and country of residence of the beneficiaries.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) of Convention No. 121. Amount of periodical payments. The Committee notes the information provided by the Government in relation to its previous comments, clarifying that the average of previous earnings is used for the calculation of all benefits. The Committee observes that Articles 19(1) and (6) and 20(1) and (4) provide guidance on the basis that can be used or with which calculations must be compared in relation to average earnings. Taking into account the information provided by the Government indicating that benefits are calculated on the basis of average of previous earnings, the Committee requests the Government to: (i) indicate whether a ceiling is applied to contributions or the payment of benefits; (ii) demonstrate the manner in which the calculation of the average earnings as a basis for determining the amounts of contributions meets the requirements set out in Articles 19 and 20 of the Convention.

Article 21 of Convention No. 121. Review of rates of cash benefits. The Committee notes the statistical data provided by the Government in relation to its previous comments, indicating the number of beneficiaries and the total amount of benefits of each type paid over the past ten years. The Committee recalls that, in accordance with Article 21 of the Convention, the rates of cash benefits shall be reviewed following substantial changes in the general level of earnings or cost of living. The Committee therefore considers it necessary to provide further statistical data required in the report form as a basis for assessing the real impact of the adjustments of pensions and other long-term cash benefits, taking into account changes in the general level of earnings and in the cost of living in the country. The Committee once again requests the Government to provide specific statistical data required to assess the application of Article 21 of Convention No. 121 in relation to the rates of adjustment of benefits.

Part VII (Miscellaneous provisions), Article 38 of Convention No. 128. Coverage of agricultural workers. The Committee notes with interest the information provided by the Government in reply to its previous comment that Decision No. 636/2021 of the Executive Board envisages the provision of health, invalidity, old-age and survivors’ benefits to agricultural workers covered by the rural social security scheme. The Committee therefore encourages the Government to provide further information on the manner in which the new provisions give effect to the Convention in relation to the provision of invalidity, old-age and survivors’ benefits to agricultural workers, with a view to bringing to an end the temporary exclusion authorized by Article 38(2) of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the reforms made to the Social Security Act between 2001 and 2010 and in particular the information provided in relation to the scope of application of the Convention (Part I – Articles 4, 9, 16 and 22 of the Convention), the review of benefits (Part V – Article 29), the right of appeal (Part VI – Article 34) and the calculation of periodical payments and rate of the benefits (Part V – Article 26, in conjunction with Articles 10, 17 and 23). The Committee welcomes the information that, according to the figures of the National Institute of Statistics and Censuses (INEC), 60.6 per cent of the employed population (2,500,000 of the 4,274,000 workers in the country) are covered by the social security system.

Part II (Invalidity benefit). Articles 7–13 and Part VI (Common provisions). Article 32. Suspension of benefits. The Committee notes that invalidity benefit appears to be governed by Chapter VIII of the Social Security Act – on compulsory old-age, invalidity and survivors’ insurance – through a joint scheme combining intergenerational solidarity and compulsory individual savings. For greater clarity, the Committee once again requests the Government to specify the provisions giving effect to the Articles of the Convention referred to above.

Part VII (Miscellaneous provisions). Article 38. Coverage of agricultural workers. In the report provided on the application of the Medical Care and Sickness Benefits Convention, 1969 (No. 130), the Government indicates that it will discuss with the representatives of the Ecuadorian Social Security Institute (IESS) the possibility of removing the right to have recourse to the temporary exclusion authorized in this Article. The Committee requests the Government to keep the Office informed in this respect and to provide the statistical data requested under Article 38(2) of the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

With reference to its observation, the Committee asks the Government to supply a detailed report on the application of the Convention according to the report form adopted by the Governing Body and to include in it full information on the points mentioned below.

Part I (General provisions). Article 4(2) and (3) of the Convention, in conjunction with Articles 9(2)(a), 16(2)(a) and 22(2)(a). Coverage of small farmers. The Committee notes that the Law on Social Security of 2001 incorporates the special scheme of Social Security of Farmers (Seguro Social Campesino – SSC), which covers self-employed fishermen and rural farmers who work for their own account or for their communes and do not receive wages from a public or private employer (section 2 of the Law). The Government stated in its reply that SSC formed part of the national social security system and provided, inter alia, old-age and invalidity pensions to the insured head of family at the level of 75 per cent of the minimum wage subject to contributions to the Compulsory General Scheme. The strategic plan for the development of SSC in 2008 supplied by the Government aimed at increasing its coverage to 40 per cent of the rural population. According to the statistics provided in addition to the Government’s report of 2008 on Convention No. 130, in June 2008 SSC counted 1,012,578 affiliated members. The Committee further notes that policy objectives for the development of the SSC coverage of the contingencies of invalidity, disability, old-age and death laid down in section 133 of the Law on Social Security of 2001 include the introduction of the survivors’ benefits for widows and orphans, as foreseen by the Constitution of Ecuador; the sources of financing and the modalities of these benefits will be fixed in the General Regulations pursuant to this Law on the basis of the appropriate actuarial studies. The Committee wishes to draw the Government’s attention to the fact that, with the introduction of the survivors’ benefits, in addition to the old-age and invalidity benefits already granted by the scheme, the SSC would provide all types of benefits required by the Convention and could therefore be fully taken into account for the purpose of application of its provisions by Ecuador, including those concerning the scope of coverage of the persons protected. At present, by having recourse to Articles 9(2)(a), 16(2)(a) and 22(2)(a), Ecuador has chosen to limit the personal scope of application of the Convention to “prescribed classes of employees”, which by definition do not include farmers and self-employed fishermen. Extending coverage to these categories may enable the country to consider the broader option of applying the Convention to prescribed classes of the economically active population, which is also offered by the abovementioned Articles. In the meantime and taking into account the country’s obligation to increase the number of the persons protected as circumstances permit, the Committee would welcome receiving from the Government further information and updated statistical data on the development of the Social Security of Farmers and extension of its coverage of the rural population of Ecuador.

Part V (Standards to be complied with by periodical payments). Article 26, in conjunction with Articles 10, 17 and 23 (Level of benefits). According to section 201 of the Law on Social Security of 2001, the monthly old-age pension provided by the intergenerational solidarity pension scheme after 30 years of contributions is calculated at the rate of 50 per cent of the insured employee’s adjusted average monthly earnings in the last ten years of earnings or in the 20 best years of earnings. The invalidity pension after five years of contributions is paid at the level of 50 per cent of the same earnings basis (section 202) and the survivors of the deceased breadwinner who had at least five years of contributions receive benefits totalling 65 per cent of the same earnings basis (section 203). These percentages would seem to ensure that the benefits attain the replacement level of the previous earnings of a beneficiary determined under Article 26 of the Convention. The Committee notes however that section 181 of the Law on Social Security limits insurable earnings by the maximum of US$165 and section 204 limits the amount of the pension to the maximum of 82.5 per cent of this sum. It would therefore ask the Government to compare in its next report these maximum limits with the wage of a skilled manual male employee, bearing in mind the requirements of Article 26(3) of the Convention.

Part VI (Common provisions). Article 34 (Right of appeal). The Committee notes that sections 40–44 of the Law on Social Security 2001 establish administrative bodies to deal with complaints of the insured persons relating to cash benefits and of the employers relating to their rights and obligations. The Provincial Committee on Benefits and Controversies (Comisión Provincial de Prestaciones y Controversias) handles such complaints in the first instance and the National Committee on Appeals (la Comisión Nacional de Aplicaciones) adjudicates on complaints in the second and last instance. The Government states in its report that claimants in practice may be assisted by a professional or any other person of their choice. However, having examined the Law on Social Security, the Committee has not found any provision which would expressly guarantee the individual right of an insured person to appeal in case of refusal of benefit or complain as to its quality or quantity, as well as the right to be represented or assisted in these procedures by a qualified person of his or her choice. The Committee would therefore again like the Government to identify the exact provisions in laws, regulations or internal rules or statutes of the Ecuadorian Social Security Institute which give effect to Article 34 of the Convention, and, if such provisions do not exist, to take legal measures to effectively recognize these individual rights of insured persons in the social security schemes concerned.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee regrets to note that the report supplied by the Government in 2007 reproduced the text of its report of 2001 and is therefore not at all responsive to the Committee’s observation of 2005. It therefore expects the Government to supply a new detailed report containing reliable information on the application of all Articles of the Convention according to the report form adopted by the Governing Body, covering the developments in pension insurance for the whole period since 2001. Meanwhile, the Committee has examined the Law on Social Security of 2001, the statistics of the Ecuadorian Social Security Institute (IESS) annexed to the report and the Government’s reply to the questions raised in the Committee’s previous observation. It has also examined the recent ILO study Assessment of the social security system of Ecuador (June 2008) (Diagnóstico del sistema de seguridad social del Ecuador) (hereinafter the Assessment).

Part I (General provisions). Article 4(2) and (3) of the Convention, in conjunction with Articles 9(2)(a), 16(2)(a) and 22(2)(a). Scope of coverage. In reply to the Committee’s previous observation, the Government has supplied the statistics of the IESS for the year 2003, which contain data on the population covered (1,184,484 persons) by the Statutory General Insurance (Seguro General Obligatorio – SGO). The Committee observes however that the statistics supplied by the Government still do not permit the Committee to ascertain whether the scope of coverage required by these provisions of the Convention (25 per cent of all employees in the country) is attained in Ecuador, as they do not specify the number of employees protected in the prescribed classes in relation to the total number of employees in Ecuador. The Committee hopes that these numbers will be specified by the Government in its next report.

Part II (Invalidity benefit). Articles 7–13 and Part VI (Common provisions). Article 32. Suspension of benefits. The Committee notes that the information concerning the application of these Articles of the Convention was missing in the reports supplied by the Government in 2001 and 2007 and asks the Government to furnish it as soon as possible.

Part V (Standards to be complied with by periodical payments). Article 29. Review of benefits. According to section 204 of the Law on Social Security, the IESS has the authority to determine the periodicity and the rate of pension adjustments depending on the evolution of the Technical Reserve of the Pension Fund. The Government’s report of 2007 on the Social Security (Minimum Standards) Convention, 1952 (No. 102) indicated, for example, that in 2006 pensions were increased twice by Resolutions CD 088 of 4 January and CD 107 of 24 April 2006. The Committee would like the Government to provide the statistical information for the time period starting from 2001 on the effective adjustments of pensions in comparison with the corresponding evolution of the cost-of-living index. It would also like the Government to state its position regarding the need to establish in law a mechanism for the regular periodic adjustment of pensions highlighted in the ILO Assessment, page 100).

Part VII (Miscellaneous provisions). Article 38. Coverage of agricultural employees. Upon ratifying the Convention, Ecuador has availed itself of the temporary exclusion from its provisions of the employees in the sector comprising agricultural occupations on condition that it shall gradually increase the number of agricultural employees protected and regularly report the progress achieved in the application of the Convention to such employees. Such exclusion is permitted by the Convention in case agricultural employees were not protected by the legislation of the country in question at the time of the ratification and may be maintained until the legislation applying the provisions of the Convention in respect of the persons protected is extended to cover also agricultural employees. The Committee recalls that, after the ratification of the Convention in 1978, agricultural workers were incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986. The statistics of the IESS supplied by the Government for the year 2003 are structured by the regime of affiliation to the SGO and include, besides such categories as employees in the banking, domestic and construction sector, the category of agricultural affiliates (agrícolas), whose number amounted to 18,664 persons out of the total number of 1,184,484 persons covered by the SGO. With respect to those categories, the new Law on Social Security of 2001 establishes a special scheme only for workers in the construction sector and does not refer to any special scheme for agricultural workers. Moreover, according to sections 2a and 9a of the Law on Social Security of 2001, workers in a relation of dependency, irrespective of the nature of their occupation or place of work, are subject to the SGO, which includes an intergenerational solidarity pension scheme providing old-age, invalidity and survivors’ benefits required by the Convention. The Committee understands therefore that agricultural employees are now fully covered by the Ecuadorian legislation applying the Convention in the same manner as employees in industrial undertakings and that the initial reason for excluding agricultural employees from the application of the Convention subsists no more. It would like the Government to furnish in its next report all the appropriate explanations and statistics requested in Article 38(2) of the Convention. If agricultural employees are indeed covered, the Committee invites the Government to consider renouncing its right to avail itself of the exclusion authorized by this Article as from a stated date.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its observation, the Committee asks the Government to supply a detailed report on the application of the Convention according to the report form adopted by the Governing Body and to include in it full information on the points mentioned below.

Part I (General provisions). Article 4(2) and (3) of the Convention, in conjunction with Articles 9(2)(a), 16(2)(a) and 22(2)(a). Coverage of small farmers. The Committee notes that the Law on Social Security of 2001 incorporates the special scheme of Social Security of Farmers (Seguro Social Campesino – SSC), which covers self-employed fishermen and rural farmers who work for their own account or for their communes and do not receive wages from a public or private employer (section 2 of the Law). The Government stated in its reply that SSC formed part of the national social security system and provided, inter alia, old-age and invalidity pensions to the insured head of family at the level of 75 per cent of the minimum wage subject to contributions to the Compulsory General Scheme. The strategic plan for the development of SSC in 2008 supplied by the Government aimed at increasing its coverage to 40 per cent of the rural population. According to the statistics provided in addition to the Government’s report of 2008 on Convention No. 130, in June 2008 SSC counted 1,012,578 affiliated members. The Committee further notes that policy objectives for the development of the SSC coverage of the contingencies of invalidity, disability, old-age and death laid down in section 133 of the Law on Social Security of 2001 include the introduction of the survivors’ benefits for widows and orphans, as foreseen by the Constitution of Ecuador; the sources of financing and the modalities of these benefits will be fixed in the General Regulations pursuant to this Law on the basis of the appropriate actuarial studies. The Committee wishes to draw the Government’s attention to the fact that, with the introduction of the survivors’ benefits, in addition to the old-age and invalidity benefits already granted by the scheme, the SSC would provide all types of benefits required by the Convention and could therefore be fully taken into account for the purpose of application of its provisions by Ecuador, including those concerning the scope of coverage of the persons protected. At present, by having recourse to Articles 9(2)(a), 16(2)(a) and 22(2)(a), Ecuador has chosen to limit the personal scope of application of the Convention to “prescribed classes of employees”, which by definition do not include farmers and self-employed fishermen. Extending coverage to these categories may enable the country to consider the broader option of applying the Convention to prescribed classes of the economically active population, which is also offered by the abovementioned Articles. In the meantime and taking into account the country’s obligation to increase the number of the persons protected as circumstances permit, the Committee would welcome receiving from the Government further information and updated statistical data on the development of the Social Security of Farmers and extension of its coverage of the rural population of Ecuador.

Part V (Standards to be complied with by periodical payments). Article 26, in conjunction with Articles 10, 17 and 23 (Level of benefits). According to section 201 of the Law on Social Security of 2001, the monthly old-age pension provided by the intergenerational solidarity pension scheme after 30 years of contributions is calculated at the rate of 50 per cent of the insured employee’s adjusted average monthly earnings in the last ten years of earnings or in the 20 best years of earnings. The invalidity pension after five years of contributions is paid at the level of 50 per cent of the same earnings basis (section 202) and the survivors of the deceased breadwinner who had at least five years of contributions receive benefits totalling 65 per cent of the same earnings basis (section 203). These percentages would seem to ensure that the benefits attain the replacement level of the previous earnings of a beneficiary determined under Article 26 of the Convention. The Committee notes however that section 181 of the Law on Social Security limits insurable earnings by the maximum of US$165 and section 204 limits the amount of the pension to the maximum of 82.5 per cent of this sum. It would therefore ask the Government to compare in its next report these maximum limits with the wage of a skilled manual male employee, bearing in mind the requirements of Article 26(3) of the Convention.

Part VI (Common provisions). Article 34 (Right of appeal). The Committee notes that sections 40–44 of the Law on Social Security 2001 establish administrative bodies to deal with complaints of the insured persons relating to cash benefits and of the employers relating to their rights and obligations. The Provincial Committee on Benefits and Controversies (Comisión Provincial de Prestaciones y Controversias) handles such complaints in the first instance and the National Committee on Appeals (la Comisión Nacional de Aplicaciones) adjudicates on complaints in the second and last instance. The Government states in its report that claimants in practice may be assisted by a professional or any other person of their choice. However, having examined the Law on Social Security, the Committee has not found any provision which would expressly guarantee the individual right of an insured person to appeal in case of refusal of benefit or complain as to its quality or quantity, as well as the right to be represented or assisted in these procedures by a qualified person of his or her choice. The Committee would therefore again like the Government to identify the exact provisions in laws, regulations or internal rules or statutes of the Ecuadorian Social Security Institute which give effect to Article 34 of the Convention, and, if such provisions do not exist, to take legal measures to effectively recognize these individual rights of insured persons in the social security schemes concerned.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee regrets to note that the report supplied by the Government in 2007 reproduced the text of its report of 2001 and is therefore not at all responsive to the Committee’s observation of 2005. It therefore expects the Government to supply a new detailed report containing reliable information on the application of all Articles of the Convention according to the report form adopted by the Governing Body, covering the developments in pension insurance for the whole period since 2001. Meanwhile, the Committee has examined the Law on Social Security of 2001, the statistics of the Ecuadorian Social Security Institute (IESS) annexed to the report and the Government’s reply to the questions raised in the Committee’s previous observation. It has also examined the recent ILO study Assessment of the social security system of Ecuador (June 2008) (Diagnóstico del sistema de seguridad social del Ecuador) (hereinafter the Assessment).

Part I (General provisions). Article 4(2) and (3) of the Convention, in conjunction with Articles 9(2)(a), 16(2)(a) and 22(2)(a). Scope of coverage. In reply to the Committee’s previous observation, the Government has supplied the statistics of the IESS for the year 2003, which contain data on the population covered (1,184,484 persons) by the Statutory General Insurance (Seguro General Obligatorio – SGO). The Committee observes however that the statistics supplied by the Government still do not permit the Committee to ascertain whether the scope of coverage required by these provisions of the Convention (25 per cent of all employees in the country) is attained in Ecuador, as they do not specify the number of employees protected in the prescribed classes in relation to the total number of employees in Ecuador. The Committee hopes that these numbers will be specified by the Government in its next report.

Part II (Invalidity benefit). Articles 7–13 and Part VI (Common provisions). Article 32. Suspension of benefits. The Committee notes that the information concerning the application of these Articles of the Convention was missing in the reports supplied by the Government in 2001 and 2007 and asks the Government to furnish it as soon as possible.

Part V (Standards to be complied with by periodical payments). Article 29. Review of benefits. According to section 204 of the Law on Social Security, the IESS has the authority to determine the periodicity and the rate of pension adjustments depending on the evolution of the Technical Reserve of the Pension Fund. The Government’s report of 2007 on the Social Security (Minimum Standards) Convention, 1952 (No. 102) indicated, for example, that in 2006 pensions were increased twice by Resolutions CD 088 of 4 January and CD 107 of 24 April 2006. The Committee would like the Government to provide the statistical information for the time period starting from 2001 on the effective adjustments of pensions in comparison with the corresponding evolution of the cost-of-living index. It would also like the Government to state its position regarding the need to establish in law a mechanism for the regular periodic adjustment of pensions highlighted in the ILO Assessment, page 100).

Part VII (Miscellaneous provisions). Article 38. Coverage of agricultural employees. Upon ratifying the Convention, Ecuador has availed itself of the temporary exclusion from its provisions of the employees in the sector comprising agricultural occupations on condition that it shall gradually increase the number of agricultural employees protected and regularly report the progress achieved in the application of the Convention to such employees. Such exclusion is permitted by the Convention in case agricultural employees were not protected by the legislation of the country in question at the time of the ratification and may be maintained until the legislation applying the provisions of the Convention in respect of the persons protected is extended to cover also agricultural employees. The Committee recalls that, after the ratification of the Convention in 1978, agricultural workers were incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986. The statistics of the IESS supplied by the Government for the year 2003 are structured by the regime of affiliation to the SGO and include, besides such categories as employees in the banking, domestic and construction sector, the category of agricultural affiliates (agrícolas), whose number amounted to 18,664 persons out of the total number of 1,184,484 persons covered by the SGO. With respect to those categories, the new Law on Social Security of 2001 establishes a special scheme only for workers in the construction sector and does not refer to any special scheme for agricultural workers. Moreover, according to sections 2a and 9a of the Law on Social Security of 2001, workers in a relation of dependency, irrespective of the nature of their occupation or place of work, are subject to the SGO, which includes an intergenerational solidarity pension scheme providing old-age, invalidity and survivors’ benefits required by the Convention. The Committee understands therefore that agricultural employees are now fully covered by the Ecuadorian legislation applying the Convention in the same manner as employees in industrial undertakings and that the initial reason for excluding agricultural employees from the application of the Convention subsists no more. It would like the Government to furnish in its next report all the appropriate explanations and statistics requested in Article 38(2) of the Convention. If agricultural employees are indeed covered, the Committee invites the Government to consider renouncing its right to avail itself of the exclusion authorized by this Article as from a stated date.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its report. It notes the adoption on 30 November 2001 of the new Social Security Act. It asks the Government to indicate whether the new Act has come into force and, if so, to please provide detailed information on the extent to which the new legislation gives effect to each of the provisions of the Convention, as well as the information requested in the report form, including statistics. The Committee also requests the Government to supply any regulations that have been adopted to apply the new Act.

The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions, on which the Committee has been commenting for many years.

Part I (General provisions), Article 4, paragraphs 2 and 3, of the Convention. The Committee noted previously that the temporary exceptions of which Ecuador availed itself upon ratifying the Convention concerned employees in the agricultural sector. These workers were later incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986. The Committee requests the Government to indicate whether the agricultural workers covered by the special compulsory social insurance scheme for the agricultural sector are entitled under the new legislation to the same invalidity, old-age and survivors’ benefits as those granted to other categories of workers under the general scheme, and, if not, to specify the nature and level of the benefits granted to them. Finally, the Committee hopes that in its next report the Government will include the statistical information required by the report form under Articles 9, paragraph 2, 16, paragraph 2, and 22, paragraph 2, of the Convention (questions D or E), indicating in addition the number of agricultural workers covered under each branch.

Part V (Standards to be complied with by periodical payments), Articles 26 and 27 in conjunction with Articles 10, 17 and 23 (Amount of benefits) and with Article 29 (Review of benefits). In its previous comments, the Committee pointed out that the continuing absence of the information requested in the report form makes it impossible to ascertain whether the amount of the invalidity, old-age and survivors’ benefits attains the level prescribed by the Convention, and to assess the real impact of the pension increases, if any, in relation to changes in the general level of earnings or the cost-of-living index. The Committee is thus unable to assess whether Ecuador is fulfilling its obligation to keep the above social security benefits at the level prescribed by the Convention. The Committee hopes that the Government will make every effort to compile the relevant statistical information, availing itself of the ILO’s technical assistance, if need be, and to supply this information in its next report.

Part VI (Common provisions), Article 34, paragraph 2 (Right of appeal). In its previous comments, the Committee expressed the hope that, in view of existing practice, it would not be difficult for the Government to insert into the national social security legislation, when next revised, a provision explicitly guaranteeing the right of insured persons to be represented or assisted by a qualified person of their choice in appeals against refusal of a benefit or in complaints as to the quality or quantity of the benefit. The Committee asks the Government to indicate whether the new legislation makes explicit provision for this right and, if so, to indicate under which provision. The Committee again asks the Government to provide a sample of the form handed out by the Institute for complainants to write down their wish to be represented by a person of their choice in the resepective administrative proceedings.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes the information supplied by the Government in its reports received in January and November 1997, and, in particular, that concerning rehabilitation measures provided to disabled persons by the Ecuadorean Institute of Social Security (IESS) (Article 13 of the Convention).

Part I (General provisions), Article 4, paragraphs 2 and 3, of the Convention. The Committee recalls that the temporary exceptions of which Ecuador availed itself upon ratifying the Convention, concerned in particular employees in the agricultural sector. These employees were later on incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986 supplied by the Government. It would like the Government to indicate in its next report whether agricultural workers covered by the special compulsory agricultural insurance are entitled to the same old-age, invalidity and survivors' benefits as provided for other categories of workers under the general scheme, and, if not, to explain the nature and the level of the benefits granted to them. Finally, the Committee hopes that, pursuant to the assurances given by the Government, it would be able to include in its next report the statistical information requested in the report form under Articles 9, paragraph 2, 16, paragraph 2, and 22, paragraph 2, of the Convention (questions D or E), indicating in addition the number of agricultural employees covered under each branch.

Part V (Standards to be complied with by periodical payments), Articles 26 and 27 in conjunction with Articles 10, 17 and 23 (amount of benefits) and with Article 29 (Review of benefits). The Government once again regrets not being able to compile the statistical information requested in the report form adopted by the Governing Body under these Articles of the Convention. In this situation, the Committee cannot but point out that the continuing absence of such information makes it impossible to ascertain whether the amount of the invalidity, old-age and survivors' benefits attains the level prescribed by the Convention, nor to assess the real impact of the pension increases, if any, in relation to changes in the general level of earnings or the cost-of-living index. The Committee is thus unable to assess the observance by Ecuador of the obligations it has assumed to guarantee under the said social security benefits at the level provided for in the Convention. The Committee urges the Government to do all in its power to compile the statistical information in question, having recourse to the technical assistance of the ILO if need be, and to supply it in its next report.

Part VI (Common provisions), Article 34, paragraph 2 (Right of appeal). In its previous comments, the Committee expressed the hope that, in view of existing practice, it would not be difficult for the Government to insert into the national social security legislation, when it is next revised, an express provision guaranteeing the right of an insured person to be represented by a person of his choice in an appeal against refusal of benefit or a complaint as to its quality or quantity. In reply, the Government states that it intends to take account of this suggestion in the next codification of the statutes of the IESS. The Committee asks the Government to indicate any progress achieved in this respect. In the meantime, it once again asks the Government to provide an example of the form handed out by the social security institution, where the complainant could write down the wish to be represented by a chosen person in the resulting administrative procedure, to which the Government refers in its report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part V (Standards to be complied with by periodical payments). Articles 26 and 27 (Statistical information on the amount of the benefits in conjunction with Articles 10, 17 and 23), and Article 29 (Review of benefits) of the Convention. With reference to its previous comments, the Committee notes the statistical information provided by the Government on the number of beneficiaries and on the total benefits paid. It further notes that, according to the Government, it has not yet been possible on this occasion for the Ecuadorean Institute of Social Security to compile the statistical information requested in the report form adopted by the Governing Body under these Articles of the Convention. The Committee recalls that without such information it can neither ascertain whether the amount of the invalidity, old-age and survivors' benefits attains the percentage prescribed in the schedule appended to Part V of the Convention, nor assess the real impact of the pension increases in relation to changes in the general level of earnings or the cost-of-living index. It therefore once again expresses the hope that the Government will be able to furnish the information requested in its next report.

2. Part VI (Common provisions). Article 34, paragraph 2 (Right of appeal). In its previous comments, the Committee pointed to the absence in the social security legislation of provisions expressly establishing the right of insured persons to be represented or assisted by someone of their choice in an appeal against refusal of benefit or a complaint as to its quality or quantity. In reply, the Government refers to Article 19 of the Constitution guaranteeing the right to defence to every person, which is also applicable to all types of judicial or administrative complaints. The complainant could therefore be represented or assisted by any person in the resulting administrative procedure by simply writing down this wish in a form provided by the social security institution. The Committee notes this information with interest. It believes that, in view of such practices, it will be all the more easy for the Government to insert into the national social security legislation when it is next revised an express provision guaranteeing the right of an insured person to be represented by a person of his choice in an appeal or complaint procedure. In the meantime, the Committee would ask the Government to provide an example of the form handed out by the social security institution referred to by the Government.

3. In reply to the Committee's previous request concerning Article 4, paragraph 2, of the Convention, the Government states that the temporary exceptions of which Ecuador availed itself upon ratifying the Convention, concerned in particular employees in the agricultural sector who, by virtue of Decree No. 21 published in the Official Register No. 434 of 13 May 1986, were later on incorporated into the social security system under a special scheme for the protection of agricultural workers. The Committee would therefore ask the Government to provide a copy of this Decree with its next report. On the other hand, it hopes that the Government's next report will also include the statistical information requested by the report form under Articles 9, paragraph 2, 16, paragraph 2, and 22, paragraph 2, as well as information on any new measures concerning rehabilitation and placement services provided to disabled persons, which might help to improve in practice the application of Article 13 of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Part V (Standards to be complied with by periodical payments). Articles 26 and 27 (Statistical information on the amount of the benefits in conjunction with Articles 10, 17 and 23), and Article 29 (Review of benefits) of the Convention. With reference to its previous comments, the Committee notes the statistical information provided by the Government on the number of beneficiaries and on the total benefits paid. It further notes that, according to the Government, it has not yet been possible on this occasion for the Ecuadorian Institute of Social Security to compile the statistical information requested in the report form adopted by the Governing Body under these Articles of the Convention. The Committee recalls that without such information it can neither ascertain whether the amount of the invalidity, old-age and survivors' benefits attains the percentage prescribed in the schedule appended to Part V of the Convention, nor assess the real impact of the pension increases in relation to changes in the general level of earnings or the cost-of-living index. It therefore once again expresses the hope that the Government will be able to furnish the information requested in its next report.

2. Part VI (Common provisions). Article 34, paragraph 2 (Right of appeal). In its previous comments, the Committee pointed to the absence in the social security legislation of provisions expressly establishing the right of insured persons to be represented or assisted by someone of their choice in an appeal against refusal of benefit or a complaint as to its quality or quantity. In reply, the Government refers to Article 19 of the Constitution guaranteeing the right to defence to every person, which is also applicable to all types of judicial or administrative complaints. The complainant could therefore be represented or assisted by any person in the resulting administrative procedure by simply writing down this wish in a form provided by the social security institution. The Committee notes this information with interest. It believes that, in view of such practices, it will be all the more easy for the Government to insert into the national social security legislation when it is next revised an express provision guaranteeing the right of an insured person to be represented by a person of his choice in an appeal or complaint procedure. In the meantime, the Committee would ask the Government to provide an example of the form handed out by the social security institution referred to by the Government.

3. In reply to the Committee's previous request concerning Article 4, paragraph 2, of the Convention, the Government states that the temporary exceptions of which Ecuador availed itself upon ratifying the Convention, concerned in particular employees in the agricultural sector who, by virtue of Decree No. 21 published in the Official Register No. 434 of 13 May 1986, were later on incorporated into the social security system under a special scheme for the protection of agricultural workers. The Committee would therefore ask the Government to provide a copy of this Decree with its next report. On the other hand, it hopes that the Government's next report will also include the statistical information requested by the report form under Articles 9, paragraph 2, 16, paragraph 2, and 22, paragraph 2, as well as information on any new measures concerning rehabilitation and placement services provided to disabled persons, which might help to improve in practice the application of Article 13 of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the Government's report. It notes with interest the statistical data on the number of persons protected.

1. Part V (standards to be complied with by periodical payments), Articles 26 and 27 (in conjunction with Articles 10, 17 and 23).

In response to the Committee's previous comments, the Government provides information on payments made at national level for invalidity, old-age and survivors' benefits. The Committee takes note of this information but observes that it is not sufficient to enable it to ascertain whether the amount of the above benefits attains the percentage prescribed in the schedule appended to Part V of the Convention for the corresponding contingency. It therefore asks the Government to provide statistical information on the amount of the benefits, as required by the report form on this Convention under Article 26 or Article 27 (according to whether the Government wishes to calculate the benefits on the basis of the wage of a skilled manual male employee or the wage of an ordinary adult male labourer).

2. Part V (standards to be complied with by periodical payments), Article 29 of the Convention (review of the pension rates). The Committee notes with interest the information on the reviews of pension rates carried out between 1990 and 1992. However, it asks the Government to provide the data required by the report form under this Article of the Convention so that it can assess the real impact of the pension increases in relation to changes in the general level of earnings or the cost-of-living index. It also asks the Government to provide in each of its reports information on any new increases in this respect.

3. Article 34, paragraph 2 (prescribed procedures permitting a claimant appealing against a refusal of benefit to be represented by a person of his choice). In reply to the Committee's previous comments, the Government refers to the provisions of the Compulsory Social Security Code of 1988 and to the compiled Statutes of the IESS of 1990, concerning the committees responsible for reviewing complaints about the grant of benefits. The Committee observes, however, that none of the above provisions expressly establishes the right of insured persons to be represented or assisted by someone of their choice in an appeal against refusal of benefit or a complaint as to its quality or quantity. The Committee asks the Government to indicate how this right is guaranteed and under which provisions of the law.

4. The Committee again asks the Government to provide the information required under Article 4, paragraph 2, of the Convention concerning the temporary exceptions of which Equador availed itself upon ratifying the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee has examined the codification of the law on compulsory social insurance, approved on 15 March 1988 (the text of which was transmitted by the Government together with its report) and noted with interest certain improvements in the national social security scheme, resulting from that codification. The Committee also noted that, since 1986, agricultural workers are covered by the compulsory insurance scheme and that retirement pensions are to be reviewed annually by decision of the Higher Council of the Ecuadorian Social Security Institute. The Committee hopes that the Government in its next report, will be able to supply statistical information on such review, set out in accordance with the report form for this Convention, under Article 29. The Committee also hopes that the report will contain statistical data on the number of persons effectively protected and on the amount of the benefits granted in respect of the various contingencies, to enable the Committee to determine whether the rates set under the Convention are still attained.

2. With regard to its earlier comments concerning Article 34, paragraph 2, of the Convention (prescribed procedures permitting claimants to appeal in the event of refusal of benefit or contestation and to be represented by a person of their choice or by a trade union delegate), the Committee notes from the information supplied by the Government and the relevant articles of the above-mentioned codification that all disputes arising in connection with entitlement to benefits or the rights and duties of the insured and employers are dealt with administratively by authorities such as the Benefits and Credit Commissions, the National Board of Appeals and the Director-General or National and Regional Directors of the Ecuadorian Social Security Institute, in accordance with the statutes and regulations in force. The Committee requests the Government to supply the text of those statutes and regulations together with its next report.

3. The Committee further requests the Government to supply the information required under Article 4, paragraph 2 of the Convention concerning the temporary exceptions of which Ecuador availed itself in ratifying this instrument.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee has examined the codification of the law on compulsory social insurance, approved on 15 March 1988 (the text of which was transmitted by the Government together with its report) and noted with interest certain improvements in the national social security scheme, resulting from that codification. The Committee also noted that, since 1986, agricultural workers are covered by the compulsory insurance scheme and that retirement pensions are to be reviewed annually by decision of the Higher Council of the Ecuadorian Social Security Institute. The Committee hopes that the Government in its next report, will be able to supply statistical information on such review, set out in accordance with the report form for this Convention, under Article 29. The Committee also hopes that the report will contain statistical data on the number of persons effectively protected and on the amount of the benefits granted in respect of the various contingencies, to enable the Committee to determine whether the rates set under the Convention are still attained.

2. With regard to its earlier comments concerning Article 34, paragraph 2, of the Convention (prescribed procedures permitting claimants to appeal in the event of refusal of benefit or contestation and to be represented by a person of their choice or by a trade union delegate), the Committee notes from the information supplied by the Government and the relevant articles of the above-mentioned codification that all disputes arising in connection with entitlement to benefits or the rights and duties of the insured and employers are dealt with administratively by authorities such as the Benefits and Credit Commissions, the National Board of Appeals and the Director-General or National and Regional Directors of the Ecuadorian Social Security Institute, in accordance with the statutes and regulations in force. The Committee requests the Government to supply the text of those statutes and regulations together with its next report.

3. The Committee further requests the Government to supply the information required under Article 4, paragraph 2 of the Convention concerning the temporary exceptions of which Ecuador availed itself in ratifying this instrument.