Employment Service Convention, 1948 (No. 88) - Ecuador (Ratification: 1975)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Trade Union Association of Agricultural, Banana and Rural Workers (ASTAC), received on 22 January 2020. The Committee requests the Government to provide its comments in this regard.

Articles 1–3 of the Convention. Contribution of the employment service to employment promotion. The Committee notes the indication in the Government’s report that the Employment Club Network (Red Social Empleo) has 28 offices at the national level in 21 of the 24 provinces in the country, and also has an online platform. The Government adds that, between January 2015 and June 2021, through the services of the Network, 263,104 persons were placed in dependent employment at the national level, including 52,623 during the course of 2020. According to the data provided by the Government, the provinces with the highest number of persons placed in jobs in 2020 were Orellana (7,992), Pichincha (7,472) and Sucumbios (7,272), and the province with the lowest number of people placed was Galápagos (nine). Most of the job placements were in the services (11,486), construction (10,011) and public (9,699) sectors. The Government also indicates that 39,327 job vacancies were created, 85,946 vacancies were sought and 175,526 persons were registered in the Employment Club Network in 2020. The Committee requests the Government to continue providing detailed information, including statistics disaggregated by gender and age, on the measures adopted to ensure the efficient operation of the public employment service and on their impact. Observing that the number of provinces covered by the offices of the Employment Club Network has fallen from 32 to 21 since 2014, the Committee requests the Government to indicate the reasons for this reduction in coverage and its impact, particularly on the least economically developed areas. The Committee also requests the Government to continue providing information on the number of persons seeking employment, the number of vacancies notified and the placements made through the Employment Club Network.

Articles 4 and 5. Cooperation with the social partners. The Committee notes the Government’s indication that the Employment Club Network undertakes activities to strengthen the vocational profile of citizens, including the provision of free monthly capacity-building courses based on cooperation between private enterprises and public institutions. During 2020, a total of 1,223 skills courses were recorded, with 65,535 persons receiving skills training. The Government adds that one of the essential activities of the public employment service is capacity building for new enterprises, especially in the private sector, and that 7,261 enterprises received training in 2020. The Committee requests the Government to continue providing updated and detailed information on the impact of the measures adopted, in collaboration with the social partners, to ensure the best possible use of the employment service.

Article 7. Particular categories of applicants for employment. The Committee notes the Government’s indication that, with a view to promoting linkages between labour supply and demand, with special emphasis on vulnerable groups requiring priority attention, the Employment Club Network organizes employment fairs which facilitate the matching of the vacancies available on the labour market with jobseekers. It adds that virtual fairs have been organized in 2020 and 2021 due to the COVID-19 pandemic. The Committee requests the Government to provide detailed information, including statistics disaggregated by gender and age, on the impact of the employment fairs organized by the Employment Club Network in relation to vulnerable groups requiring priority attention.

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

Articles 1–3 of the Convention. Contribution of the employment service to employment promotion. The Committee notes the Government’s indication in its report that the Employment Club Network (Red Socio Empleo) has 25 offices in provincial capitals and covers 23 of the 24 provinces in the country. According to the information provided by the Government, 26,397 persons were placed in employment in 2014 through the Network. The provinces with the highest number of placements were Pichincha, with 4,761 (North Quito) and 3,098 (South Quito), Azuay with 3,845 and Guayas with 3,348, while in the province of Carchi, there were only 15 placements. The sectors for which the highest number of vacancies was registered were the public sector (15,329), construction (14,496) and services (11,881). The Committee requests the Government to continue providing information on the operation of the employment service, including information on the measures adopted to meet the needs of employers and workers, particularly in less economically developed areas.

Articles 4 and 5. Cooperation with social partners. The Committee notes the Government’s indication that, through the Employment Club Network, there is a permanent dialogue between employers and workers to find out their needs. Moreover, to sustain dialogue with the productive sectors, technical officers from the Employment Club Network make weekly visits to enterprises to inform them of the free services provided by the Network. Moreover, the Network runs free vocational training courses with the collaboration of the Ecuadorian Vocational Training Service and the National Artisanal Defence Board. The Committee requests the Government to continue providing information on the measures adopted to ensure the cooperation of representatives of employers and workers in the organization and operation of the employment service.

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

Articles 1–3 of the Convention. Contribution of the employment service to the promotion of employment. The Committee notes the report received for the period ending September 2010. The Government indicates that the first Employment Membership Network (Red Socio Empleo) centre opened in Quito. The Employment Membership Network was implemented as one of the operational components for improving the public employment service. The Committee also notes that the public employment service has been strengthened though computing equipment and staff recruitment and training in nine
on-the-spot job placement centres in various cities. The KMELLOTEL system has been implemented as a free telephone information service relating to employment offers and requests, and an electronic employment exchange is provided through the Internet. In addition, the Government is contributing to formalizing the status of workers by providing incentives through social security and taxation, and the Directorate of Employment plans to establish a centre to make the job-placement services of the public employment service available to workers in the informal sector. The Committee refers to its comments on the application of Convention No. 122 and requests the Government to include information in its next report on Convention No. 88 which enables an appreciation of the manner in which the efficient functioning of the free public employment service is ensured, with a network of employment offices sufficient in number to meet the needs of employers and workers throughout the country. The Committee requests the Government to provide information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices (Part IV of the report form).

Articles 4 and 5. Cooperation with the social partners. The Government indicates in its report that all the activities undertaken to implement the policies and guidelines of the Convention are carried out through the advisory committees which operate throughout the Employment Membership Network and in the territorial districts. The Committee requests the Government to include examples in its next report of the agreements reached by the advisory committees operating within the Employment Membership Network or in the context of the National Labour Council to enable an evaluation of the effect given to Articles 4 and 5 of the Convention, which provide for the cooperation of employer and worker representatives, through advisory committees, in the organization and operation of the employment service and in the development of employment service policy.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1–3 of the Convention. Contribution of the employment service to the promotion of employment. In reply to the Committee’s request of 2006, the Government sent a report reiterating the provisions of the Labour Code and adding information on supply and demand in respect of workers and their placement at the national level by the National Directorate for Employment and Human Resources. The Committee refers to its comments on the application of Convention No. 122 and hopes that the Government will continue to include information in its next report which will enable an evaluation of the manner in which the efficient functioning of the free public employment service is ensured, with a network of employment offices in sufficient number to satisfy the requirements of employers and workers throughout the country. The Government is invited to include data on the number of persons placed in employment by the regional offices of the Directorate of Employment (Part IV of the report form), and also any information on the impact of ILO assistance with regard to the application of the Convention.

Articles 4 and 5. Cooperation with the social partners. In reply to the Committee’s previous comments, the Government states that plans for improving the public employment service would be discussed in the context of the National Labour Council. The Committee requests the Government once again to provide information in its next report on the tripartite agreements achieved in the context of the National Labour Council which address the organization of the operation of the employment service, and relate to the development of employment service policy.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Contribution of the employment service to employment promotion. The Committee notes the report received in September 2005, which contains certain statistical data on placement in employment at the national and regional levels. The Committee requests the Government to continue supplying information in its next report to enable it to assess the manner in which the efficient operation is ensured of a free public employment service comprising a network of employment offices sufficient in number to meet the needs of employers and workers throughout the country (Articles 1 to 3 of the Convention). The Committee would be interested in continuing to receive statistical information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices (Part IV of the report form), and any indications on the assistance received from the ILO for the application of the Convention.

2. Cooperation with the social partners. In reply to its previous comments, the Government indicates that in 1996, tripartite round tables were established for dialogue. According to the Government, all the activities undertaken to give effect to the policies and guidelines of the Convention are developed through advisory committees operating in each district. The Committee repeats its request for information to be provided in the next report on the arrangements made through these advisory committees for the organization and operation of the employment service and the development of employment service policy (Articles 4 and 5). The above information should make it possible for the Committee to assess more effectively the manner in which the cooperation of the social partners is ensured in the operation of the employment service at both the national and local levels.

3. Taking into account the labour market situation, which is examined in relation to the application of the Employment Policy Convention, 1964 (No. 122), the Committee requests the Government, when formulating its report on Convention No. 88, to take into consideration the questions raised in its 2006 observation on Convention No. 122.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. With reference to its direct request of 1998, the Committee notes the Government’s report and again asks for statistical information on the number of existing public employment offices, applications for employment received, vacancies notified and the number of persons placed in employment by such offices (Part IV of the report form), together with information on any practical difficulties encountered in implementing the Convention (Part V of the report form).

2. With reference to the comments which the Committee has been making since it started examining the application of the Convention, the Committee notes that the Government in its report refers to section 570 of the Labour Code which provides that in the central and regional placement offices of the Employment and Human Resources Directorate a committee made up of a delegate from the cantonal council, a representative of the employers and a representative of the workers in the constituency will act in an advisory capacity. The Committee requests the Government to specify in its next report the arrangements made through the advisory committees for the organization and operation of the employment service and for the development of employment service policy (Articles 4 and 5 of the Convention).

3. In view of the recent economic changes and the level that unemployment reached in 2000 (over 14 per cent of the economically active urban population), the Committee trusts that in its next report the Government will be in a position to explain how the employment service contributes to the best possible organization of the labour market and fulfils the functions established in Articles 1 and 6 of the Convention. The Government may find it useful to bear these issues in mind in preparing its report on the application of the Employment Policy Convention, 1964 (No. 122).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's detailed report. The Committee notes that, although the Government defines the activities of the Employment and Human Resources Directorate of the Ministry of Labour in the terms of the Convention, cooperation between employers' and workers' representatives in the organization and operation of the employment service, in accordance with Articles 4 and 5 of the Convention, has not yet been established. The Committee notes that the tripartite consultation programme initiated in 1996 was suspended owing to the lack of political consensus and the political transition. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122) and reiterates its hope that in the very near future, suitable arrangements will be made through advisory committees for the cooperation of representatives of employers and workers in the development of the programme and general policy of the employment service. The Committee trusts that the Government will indicate the measures taken to that end and provide the information requested in Parts IV and V of the report form.

[The Government is asked to report in detail in 2001.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in reply to its earlier comments. It notes, in particular, the adoption of the Employment and Social Development Programme (PEEDS) assigned to the National Employment Institute, and Special Employment Projects (PROE) supervised by the National Employment Directorate, which, according to the Government, could facilitate geographical mobility with a view to assisting the movement of workers to areas with suitable employment opportunities (Article 6(b) of the Convention). The Government indicates that the PEEDS programme has already brought positive results during the period from 1988 to 1992. The Committee also notes the information concerning the adoption of special measures for juveniles taken by the Public Employment Offices in cooperation with the Ecuadorian Vocational Training Service (SECAP), as well as the information on vocational training measures for the employment service staff, supplied under Articles 8 and 9, paragraph 4, respectively.

Articles 4 and 5. In its previous comments the Committee noted the establishment, by Decree No. 2449 of 21 February 1984, of the National Employment Council and asked the Government to indicate the manner in which the activities of this body satisfy the requirements of these Articles of the Convention, which provide for the setting up of advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of the employment service policy. The Government states that, in spite of the difficulties which existed in the functioning of the National Employment Council, it has the intention to comply with these requirements of the Convention. The Committee observes, however, that no steps have been taken to set up such advisory committees and the Government has not clarified the role of the National Employment Council in the application of these Articles. It trusts that the Government will not fail to adopt measures, in the very near future, with a view to give full effect to these provisions of the Convention and asks the Government to provide, in its next report, information on any progress achieved in this regard.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's report. It notes in particular the information supplied by the Government under Article 6(c) of the Convention concerning practical steps taken with a view to make the information on the situation on the employment market available to the public authorities, the employers' and workers' organisations concerned and the general public.

Articles 4 and 5. The Committee notes the establishment, by Decree No. 2449 of 21.2.1984, of the National Employment Council, as well as of some other advisory bodies of the Ministry of Labour and Human Resources. While noting this information, the Committee would like to recall that these Articles of the Convention provide for the setting up of advisory committees for the cooperation of representatives of employers and workers in the organisation and operation of the employment service and in the development of the employment service policy. According to Article 4, such committees shall be established nationally and, where necessary, regionally and locally, and shall include representatives of employers and workers appointed in equal numbers, after consultation with representative organisations of employers and workers. The Committee requests the Government to indicate the manner in which the National Employment Council activities satisfy these requirements of the Convention or to take the necessary measures in the very near future in order to establish such committees in accordance with these Articles. It asks the Government to provide, in its next report, information on these points.

Article 6(b). The Committee notes that the Draft Regulations drawn up under section 545, paragraph (3), of the Labour Code, with a view to strengthening this provision and facilitating its implementation, is still under study. It also notes the Government's statement in the report to the effect that its current employment policy contemplates the facilitation of occupational and geographical mobility of workers, but it is not possible to assess the results of the National Development Plan 1985-88 in this respect. The Committee would be grateful if, in its next report, the Government would indicate measures taken or envisaged by the employment service in order to facilitate occupational and geographical mobility, as required under this Article.

Article 8. The Committee notes from the Government's report that the Ecuadorian Vocational Training Service (SECAP) conducts on a permanent basis training courses for workers in all the industrial sectors and, in particular, for juveniles. The Committee would be grateful if the Government would continue to provide information on special arrangements for juveniles made within the framework of the employment and vocational guidance services, in accordance with this Article.

Article 9, paragraph 4. The Committee notes that the Government reiterates its statement to the effect that it would be important that the Inter-American Centre of Labour Administration (CIAT) would make a proposal concerning training programmes for the employment service staff, so that the authorities might consider it. It hopes that positive developments will take place in this field and it trusts that the Government will not fail to provide information, in its next report, on any progress made on the arrangements made to ensure the training of employment service staff for the performance of their duties, as set forth in this Article.