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

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

The Committee notes the observations of the Trade Union Association of Agricultural, Banana and Rural Workers (ASTAC), received on 24 January 2020 and 30 August 2022, and the joint observations of ASTAC and the Ecuadorean Confederation of Unitary Class Organizations of Workers (CEDOCUT), received on 1 October 2020, on the application of this Convention. The Committee also notes the joint observations of the Ecuadorian Confederation of Free Trade Unions (CEOSL), the Ecuadorian Federation of Municipal and Provincial Workers (FETMYP), the National Federation of Education Workers (UNE) and the National Ecuadorian Federation of workers of provincial governments (FENOGOPRE), received on 1 September 2022 on the application of the Convention.

Technical assistance. The Committee recalls that, in December 2019, the Office carried out, at the request of the Government, a technical assistance mission, and that a road map was submitted to the tripartite constituents in order for a tripartite dialogue to be initiated with a view to adopting measures to address the comments of the ILO supervisory bodies. The Commission notes that the road map included a point on the strengthening of the labour inspectorate. The Committee requests the Government to provide information on the progress made in the implementation of the road map with regard to the strengthening of the labour inspectorate.

Article 3 of the Convention. Functions of labour inspectors in the area of conflict resolution. The Committee notes the information provided by the Government, in its report, on the functioning of the Labour Mediation Centre. It notes, in particular, the adoption of Ministerial Decision No. MDT-2019-157, published in Official Journal No. 89 of 27 November 2019, which adopts the regulations governing the operation of the Labour Mediation Centre of the Ministry of Labour, thus repealing the previous regulations governing its operation, which were established pursuant to Ministerial Decision No. MDT-2015-0078 of 15 April 2016. However, the Committee notes that the Government’s report does not indicate whether all labour inspectors, including those working in more remote areas, have been relieved from duties relating to the settlement of labour disputes. In their joint observations, CEOSL, FETMYP, UNE and FENOGOPRE indicate that, in August 2022, there were only five labour mediators, and that, in most of their cases, it was impossible to reach an agreement. The Committee once again requests the Government to indicate whether all labour inspectors, including those working in more remote areas, have been relieved from duties relating to the settlement of labour disputes.In the case where labour inspectors continue to perform mediation duties, the Committee also requests the Government to adopt the necessary measures to ensure that, in accordance with Article 3(2), no other duty assigned to labour inspectors interferes with the effective discharge of their primary duties or prejudices in any way the effective discharge of these duties.

Article 4. Organization and effective functioning of the system of labour inspection. Supervision and control of the system by the central authority. The Committee notes that the Government indicates once again that the Regional Directorates are placed under the Ministry of Labour, which will approve their regulations, rules, projects and work plans. While noting the lack of information in this respect, the Committee requests the Government to provide detailed information on the measures adopted or envisaged to ensure the provision of strategic support by the central authority for labour inspectors, and the uniformity of criteria for conducting inspections.

Article 12(1)(c) Powers of labour inspectors. The Committee notes that, in reply to its previous comment, the Government refers to sections 542 and 545 of the Labour Code, which establish the powers of inspectors. The Committee notes once again that these sections do not provide for the authority of inspectors to take or remove, for purposes of analysis, samples of materials and substances used or handled in the establishment, subject to the employer or the employer’s representative being notified of any samples or substances taken or removed for such a purpose. The Committee therefore requests the Government to take the necessary measures to ensure the application of Article 12(1) (c)(iv), of the Convention.

Article 12(1) and Article 15(c).Inspections without prior notice.Confidentiality of the source of complaints. The Government indicates that targeted inspections are based on complaints made by workers, submitted through the National System of Control of Inspectors SINACOI. In this case, an inspector shall verify the information contained in the complaint and determine any violations, using the computer systems of the Ministry of Labour with the objective of verifying the non-compliance with labour rights. Without prejudice to virtual validation, the labour inspector shall undertake a field inspection of the natural or legal person to verify the grounds of the request or complaint, within a period of five days. The labour inspector shall notify the natural or legal person of the case of non-compliance and shall proceed to convene a hearing in order to for the notified cases of non-compliance to be demonstrated or justified. Regarding confidentiality requirements, the Committee notes the Government’s indication that labour inspectors are required to keep confidential the source or submission of any complaints or allegations of labour non-compliance under section 66(19) of the Constitution. While noting that targeted inspections require employers to be notified of the cases of non-compliance identified as the result of a complaint, the Committee requests the Government to indicate the measures adopted to ensure that labour inspectors treat as strictly confidential the source of any complaints bringing to their notice a defect or breach of legal provisions,and that they give no intimation to the employer or the employer’s representative that a visit of inspection was made in consequence of the receipt of such a complaint, in accordance with Article 15(c) of the Convention.

Article 13. Preventive functions of labour inspection. The Committee notes that the Government refers once again to the fact that labour inspectors who carry out inspection visits related to guaranteeing adequate occupational safety and health conditions, are empowered to make pertinent recommendations related to changes in the structure or installation of the enterprise. The Government also reiterates that, in case of irregularities, the inspector shall issue a notification or a warning of penalties which allows enterprises to rectify the non-compliance detected. Referring to its observation on Articles 12 and 17 of the Convention,the Committee once again requests the Government to specify the legal provisions that give effect to Article 13 of the Convention, which establishes that labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. The Committee also requests the Government to provide information on the number and nature of the preventive measures adopted by the labour inspectorate.

Article 15(a). Direct or indirect interest in enterprises under the supervision of inspectors. Concerning obligations of an ethical nature, the Committee notes that the Government refers to section 545 of the Labour Code and indicates that: (i) it is prohibited for labour inspectors to have any direct or indirect interest in the enterprises that were inspected; and (ii) in the case of non-compliance with this requirement, the disciplinary regime established in section 41 of the Basic Public Service Act shall apply to such inspectors. However, the Committee notes that section 545 does not specifically prohibit labour inspectors from having a direct or indirect interest. The Committee also refers to the comments made in its observation, in which it notes the observations of the social partners alleging acts of corruption. Consequently, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to Article 15(a), with the aim of ensuring that inspectors do not have any conflict of interest, whether direct or indirect, in the enterprises under their supervision.

Article 18. Adequate and effectively enforced penalties. In its observations, ASTAC and CEDOCUT indicate that, currently, the labour inspectorate does not have a regulatory framework that enables it to ensure full respect of labour rights. In accordance with the 2019 “facts and figures” report, 26,915 inspections were conducted and only 2,505 resulted in some form of penalty. Furthermore, ASTAC and CEDOCUT state that fines for the failure to pay the 13th- and 14th-month salary were reduced by less than half for the majority of offences committed by natural persons, in accordance with Ministerial Decision No. MDT-2017-0110. In this regard, the Committee notes ASTAC and CEDOCUT’s indication that these fines are not proportionate to the damage caused and that they undermine the effectiveness of the work of inspectors, as employers prefer to pay the fine rather than comply with their obligations. The Committee requests the Government to provide information on the application of adequate penalties for violations of legal provisions that may be applied by labour inspectors, and to provide information on the number and amount of the penalties imposed by labour inspectors.

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

The Committee notes the observations of the Trade Union Association of Agricultural, Banana and Rural Workers (ASTAC), received on 24 January 2020 and 30 August 2022, and the joint observations of ASTAC and the Ecuadorean Confederation of Unitary Class Organizations of Workers (CEDOCUT), received on 1 October 2020 on the application of this Convention. Furthermore, the Committee notes the joint observations of the Ecuadorian Confederation of Free Trade Unions (CEOSL), the Ecuadorian Federation of Municipal and Provincial Workers (FETMYP), the National Federation of Education Workers (UNE) and the National Ecuadorian Federation of workers of provincial governments (FENOGOPRE), received on 1 September 2022 on the application of the Convention.

Articles 6, 10 and 16 of the Convention. Status and conditions of service of labour inspectors. Inspection staff and coverage of inspection needs. The Committee notes the Government’s indication that, in 2020, there was a total of 160 inspectors at the national level, while, at 31 August 2022, this figure was 200 (99 with permanent appointments and 101 with temporary appointments). While it welcomes the increase in the number of inspectors, the Committee also notes that the 31 labour inspectors recruited between 2020 and August 2022 were appointed on a temporary basis (8 in 2020, 7 in 2021 and 16 between 1 January and 31 August 2022) and that the majority of inspectors are appointed on a temporary basis. In this regard, the Committee notes the Government’s indication that, due the COVID-19 pandemic, it was necessary to reduce public spending and remove public posts in 2020, with the exception of labour inspectorate positions. In particular, the Government indicates that it was vital to allocate resources to health, and to set aside the call for a merit-based competitive exam to fill labour inspector vacancies. Furthermore, the Government indicates that the low number of inspectors with permanent appointments in August 2022 is due to the fact that merit-based competitive exams involve considerable budgetary expenditure, and the regulations governing the examination processes are currently being amended. Despite the fact that there are inspectors with temporary appointments and occasional contracts, the Committee notes the Government’s indication that the stability of employment of these inspectors is guaranteed and that this stability is not affected by government changes.

Concerning the observations of the social partners, the Committee notes the following: (i) ASTAC indicates that there were only four inspectors in the province of Los Ríos, which meant that it was impossible for them to carry out their work; (ii) ASTAC and CEDOCUT indicate that, in accordance with their analysis of personnel distribution data, there were 196 inspectors in August 2020, and that there is no transparency on the part of the Government regarding the number of labour inspectors. They also indicate that, in recent years, there has been evidence of setbacks in the duties of labour inspectors, and that the situation was exacerbated by the reduction and restriction of spending by public institutions, which enables labour inspectors to obtain sufficient resources to carry out their work; and (iii) the CEOSL, FETMYP, UNE and FENOGOPRE indicate that the increase in the number of inspectors is not sufficient for them to carry out their duties.

The Committee also notes the Government’s indication that, between 1 January and 24 September 2020, the number of inspections was 6,446 (2,857 in progress, 3,222 archived and 367 that resulted in penalties). In this regard, the Government indicates that, with the aim of adapting labour inspections to the mobility restrictions resulting from the pandemic, telematic tools were adopted to carry out control and monitoring work in relation to workers’ rights. The Committee also notes that the Government does not provide information on the inspections carried out in 2021 and 2022.

The Committee understands the impact and difficulties caused by the COVID-19 pandemic. The Committee requests the Government to make every effort to ensure stability of employment for labour inspectors with temporary appointments, in accordance with Article 6 of the Convention. The Committee also requests the Government to provide detailed information on the conditions of service of labour inspectors, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police. The Committee also requests the Government to provide: (i) information on the measures adopted or envisaged in order to ensure that the number of labour inspectors is sufficient for the effective performance of their duties; (ii) updated statistical information on the number of inspectors and of inspections carried out; and (iii) detailed information on the manner in which it is ensured that workplaces are inspected with necessary frequency and thoroughness to ensure the effective application of the provisions of this Convention.

The Committee notes that, in its observations, ASTAC indicates that, in the province of Los Ríos, acts of corruption of inspectors were reported, and that a higher body should be established to assess the performance of inspectors, as corruption comes predominantly from within enterprises. The Committee requests the Government to provide comments in this respect.

Articles 12 and 17. Free initiative of labour inspectors to enter workplaces without prior notice, and discretion to initiate legal proceedings without previous warning. The Committee notes that the Government refers to four types of inspections: (i) targeted inspections; (ii) comprehensive inspections; (iii) inspections by means of electronic verification; and (iv) random inspections. The Government indicates that, during comprehensive inspections, labour inspectors shall review and plan for the assigned inspections, according to the non-compliances established by the computer systems of the Ministry of Labour. Where there are potential cases of non-compliance, the employer is notified electronically in order for an inspection to be conducted after the 15-day period following the issuance of the notification. At the site of the field inspection, the employer shall be notified of the cases of non-compliance identified, in order for the employer to justify, correct or remedy the non-compliance observed, within a period of five days. Where the case of non-compliance has been justified or the facts have been disproved, within the timeframe established, the proceedings are be closed. In the opposite case, if, within the five days following the notification issued during the field inspection, the cases of non-compliance have not been corrected or remedied, the employer shall be notified of a decision containing the date of a hearing, in order for the employer to justify the cases of non-compliance. If the hearing takes place, the inspector shall review the information submitted and draft a report within five days, which shall be brought to the attention of the regional labour director. The regional director has a period of 15 days to issue an administrative decision to impose a penalty or terminate the proceedings. The Committee notes that, according to the procedure described by the Government and established in Ministerial Decision No. MDT-2016-0303 of 29 December 2016, pursuant to which it was agreed to issue the “General Rules Applicable to Comprehensive Labour Inspections”, and its amendment by Ministerial Decision No. MDT-2017-0110 of 10 July 2017, labour inspectors must give prior notice of the inspection to the employer. Labour inspectors are also required to give notice of compliance to the employer, while administrative decisions imposing penalties may only be issued by the regional director at the end of the hearing.

In their joint observations, the CEOSL, FETMYP, UNE and FENOGOPRE indicate that labour inspectors cannot enter, freely and without prior notice, establishments subject to inspections, as inspectors only conduct their activities during working hours, from 8 a.m. to 5 p.m., and are required to give prior notice of the inspection to the employer. In particular, they indicate that comprehensive field inspections require 15-days’ notice to be given to the employer in accordance with section 12(1) of Ministerial Decision No. MDT-2016-0303 of 3 February 2017. In this regard, they also indicate that only inspections on request are conducted, as evidenced by the procedures for conducting targeted, electronic and comprehensive field inspections.

The Committee recalls that, in accordance with Article 12(1)(a) of the Convention, labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee also recalls that Article 17 of the Conventionprovides that, with certain exceptions, persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. The Committee requests the Government to adopt measures to ensure that labour inspectorsare empowered, in law and practice and in line with Article 12(1)(a) and (b) of the Convention, to make visits without previous notice. The Committee also requests the Government adopt the necessary measures to ensure that labour inspectors are able to prompt legal proceedingswithout previous warning, where required, in accordance with Article 17 of the Convention. Furthermore, the Committee requests the Government to provide information on the number of announced and unannounced inspections conducted by labour inspectors, and to indicate in detail the number of violations detected and the specific sanctions imposed through both announced and unannounced inspections.

Articles 19, 20 and 21. Periodic reports and the preparation, publication and transmission of an annual report on the work of the inspection services. The Committee notes that the Office has not received the annual report on the activities of the labour inspection services. In this regard, the Committee notes that the 2019 accountability report contains information on the total number of inspections carried out and the penalties imposed. The Committee once again requests the Government to make every effort possible to ensure that the central authority on labour inspection transmits to the ILO an annual report on the work of the inspection services containing all the information required under Article 21(a)–(g) of the Convention. The Committee also requests the Government to provide information on the publication of the annual report in accordance with Article 20(1) of the Convention.

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

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

Article 3 of the Convention. Functions of labour inspectors in the area of conflict resolution. In its previous comments, the Committee noted that the Labour Mediation Centre was in the process of being implemented, and asked the Government to report on the effective operation of the Centre, which would relieve labour inspectors of the duties relating to the settlement of labour disputes. In this regard, the Committee notes with interest the operationalization of the Labour Mediation Centre which has a team of mediators spread over five regions. The Committee asks the Government to provide information on whether all labour inspectors, including those working in more remote areas, have been relieved from the duties relating to the settlement of labour disputes.

Article 4. Organization and effective functioning of the system of labour inspection. Supervision and control of the system by the central authority. Further to its previous comments, the Committee notes that the Government indicates in its report that the Regional Labour Directorates, which have a unit assigned to the labour inspectorate in accordance with article 543 of the Labour Code, are placed under the Ministry of Labour, which will approve their regulations, rules, projects and work plans. It also notes that the Government indicates that among the powers of the Regional Labour Directorates are that of giving general rules of action to labour inspectors and special instructions in cases which require their intervention and that of ensuring the unification of the administrative jurisprudence of labour. In addition, the Committee notes that the document sent by the Government entitled “Integrated Management System of Inspections Project, Integral Inspector 2.0” (SGI-Project), prepared by the Ministry of Labour in August 2016, indicates that the purpose of this project is a better control and improved inspection services, indicating situations that make inspections lack strategic support, the lack of uniformity of criteria in the execution of integral inspections and in the application of sanctions, inadequate planning, the absence of a system for obtaining statistical data and the lack of adequate follow-up to close the inspection process. The Committee requests the Government to continue to provide information on the measures taken to ensure the effective functioning of the labour inspection system placed under the supervision and control of a central authority in accordance with Article 4 of the Convention. The Committee also requests the Government to continue to provide information on the implementation of the SGI-Project, in particular with regard to the solution of the problems identified in this project.

Article 12(1). Powers of labour inspectors. Further to its previous comments, the Committee notes that the Government indicates in its report that labour inspectors have the power to carry out the actions provided for in the subparagraphs of Article 12(1) of the Convention, with the exception of the provisions of subparagraph (iv) (to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose). The Committee also notes the Government’s indication that prior notices are not applied in the inspection procedure, since the purpose of the inspection visit is to check whether the company under examination complies with the legal provisions in force. In this regard, the Committee notes that articles 542 and 545 of the Labour Code provide that it is the responsibility of labour inspectors to visit factories, workshops, establishments, buildings of premises intended for work and workers’ housing, whenever they deem it appropriate. The Committee requests the Government to take the necessary measures to give effect to Article 12(1) (c)(iv), of the Convention.

Article 12(2). Notification of the presence of inspectors. Further to its previous comments, the Committee requests the Government to provide further information on the measures taken to give effect to Article 12(2) of the Convention in order to ensure that, on the occasion of an inspection visit, the inspector notifies the employer or his representative of his presence, unless he considers that such a notification may be prejudicial to the performance of his duties.

Article 13. Preventive functions of labour inspection. Further to its previous comments, the Committee notes the Government’s indication that: (i) labour inspectors who carry out inspection visits related to guaranteeing adequate occupational safety and health conditions are empowered to make pertinent recommendations related to changes in the structure or installation of the company; and (ii) in case of irregularities, the inspector shall issue a notification or a warning of sanctions which allows companies to rectify the non-compliance detected. The Committee requests the Government to specify the legislative provisions giving effect to Article 13 of the Convention, which provides that labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers.

Article 15(a) and (c). Obligations of inspectors. The Committee once again requests the Government to specify the legislative or other provisions giving effect to Article 15(a) and (c) of the Convention (concerning the ethical obligations of labour inspectors and confidentiality).

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

Articles 6, 10 and 16 of the Convention. Status and conditions of service of labour inspectors. Inspection staff and coverage of inspection needs. Further to its previous comments, the Committee notes with concern that the Government indicates in its report that, due to strict austerity measures, which limit the holding of public recruitment competitions, none of the new labour inspectors appointed in 2018 were appointed on a permanent basis (28 inspectors with provisional appointments and three under the regime of contracts for occasional services). The Committee also notes that the Government indicates that all labour inspectors have the same powers regardless of their employment status. In this regard, the Committee recalls once again that, under Article 6 of the Convention, inspection staff shall 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. Furthermore, the Committee takes note that the Government indicates that, from 2017 to 2018, the number of inspectors decreased by 22.5 per cent. The Committee urges the Government to take the necessary measures to ensure that Article 6 of the Convention is applied in practice. The Committee also requests the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient for the effective performance of their duties by providing updated statistical information on the number of inspectors and workplaces liable to inspection and the number of workers employed therein. Finally, the Committee requests the Government to indicate the reason for the considerable decrease in the number of inspectors.

Articles 19, 20 and 21. Periodic reports and the preparation, publication and transmission of an annual report on the work of the inspection services. Further to its previous comments, the Committee notes with regret that the Office has not received an annual report on the work of the labour inspection services. In this regard, the Committee notes the Government’s indication that the Regional Labour Directorates annually prepare periodic reports on the activities carried out by their units, including information on the inspections undertaken, and that the possibility of preparing specialized reports on the subject of inspections will be considered. The Committee requests the Government to make every effort to ensure that the central authority on labour inspection publishes and transmits to the ILO an annual report on the work of the inspection services containing all the information required under Article 21(a)–(g) of the Convention.

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

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

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.

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

Article 4 of the Convention. Organization and efficient functioning of the system of labour inspection. Supervision and control of the system by the central authority. The Committee notes the information in the Government’s report that, under Executive Decree No. 500 of 26 November 2014, the Ministry of Labour Relations was renamed the Ministry of Labour. It also notes that the document on the comprehensive inspection management system (SGI) project, of May 2015, prepared by the Ministry of Labour, demonstrates a lack of strategic support for inspections, a lack of standard criteria for conducting comprehensive inspections and imposition of penalties, a failure to adequately follow up and close the inspection process, and insufficient planning. The Committee also notes that the Government has not provided the updated organizational plan of the labour inspection system which identifies its central authority. The Committee recalls the importance of placing the labour inspection system under the supervision and control of a central authority for the development and implementation of a standard labour inspection policy throughout the country, and for the consistent application of labour legislation. The Committee requests the Government to specify the central authority under which labour inspection is placed. It also requests the Government to ensure that the labour inspection system introduces the necessary measures to remedy the problems raised in the SGI project in the context of the functions of supervision and control of the inspection system under Article 4 of the Convention.

Articles 19, 20 and 21. Periodic reports and preparation, publication and transmission of an annual report on the work of the inspection services. In its previous comments, the Committee noted the progress made in terms of the installation of systems for the various provincial branches of the Ministry and in the system for the registration of information relating to labour inspections (SINACOI). It hoped that the progress made would enable the local inspection offices to register and process the necessary data for the preparation of periodic reports, and that these reports would in turn enable the central inspection authority to prepare and publish an annual inspection report. The Committee notes the statistics provided by the Government on the inspections carried out in 2014, the number of inspectors, regional offices and provincial branches, and the number of industrial accidents by sector. It also notes the information on the amount of fines imposed. The Committee nevertheless emphasizes that the information is not sufficient for an assessment of the extent to which labour legislation in workplaces liable to inspection has been implemented, and that it does not meet the requirements of an annual report as set out in Article 21 of the Convention. The Committee recalls that in order for the central authority to supervise and control the functioning of the services under its authority, it must receive regular information regarding their activities. This information should be provided to it by means of periodic reports, the form and content of which should be determined by the central authority itself, in accordance with Article 19. Under Article 20, the central authority should, in turn, publish an annual general report and communicate to the ILO within the time limits set out therein on the work of the inspection services which should address the points mentioned in Article 21. The Committee requests the Government to take the necessary measures to collect and compile data with a view to the preparation, by the local inspection offices, of periodic reports, and so that, on the basis of that data, an annual inspection report can be prepared and transmitted to the ILO, in accordance with Articles 19, 20 and 21 of the Convention. The Committee reminds the Government that it may avail itself of the technical assistance of the Office for this purpose, if necessary.

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

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

Article 3(2) of the Convention. Duties of labour inspectors in the area of dispute resolution. In its previous comments the Committee asked the Government to take measures to relieve labour inspectors of duties relating to the settlement of labour disputes so that they could devote themselves more fully to the enforcement duties prescribed by Article 3(1)(a) of the Convention. The Committee notes with interest the information supplied by the Government to the effect that “labour mediation centres” are being set up which will have specialist staff and will become operational once they have been approved by the Council of the Judiciary, thereby relieving labour inspectors of the abovementioned duties. The Committee requests the Government to keep the ILO informed with regard to the commencement of operations of these centres. It would also be grateful if the Government would include statistical information in its next report on the impact of labour inspectors being relieved of these duties, in relation to the performance of enforcement duties and provision of technical information and advice as prescribed by Article 3(1)(a) and (b) of the Convention.

Article 4. Structure of the labour inspection system. The Committee notes the information contained in the “2010–11 facts and figures” report attached to the Government’s report, according to which there has been a comprehensive revamping and reorganization of the former Ministry of Labour, now called the Ministry of Labour Relations. The Committee requests the Government to supply information on any changes in the structure of the labour inspection system resulting from the recent reorganization at the Ministry of Labour Relations, and also to provide an updated organizational chart of the labour inspection system, indicating its central authority.

Article 5(a). Effective cooperation between the inspection services and other government services and public institutions. The Committee requests the Government to describe the objectives and procedures for cooperation that exist, according to the information supplied in its report, between the labour inspection services and the following bodies: Ecuadorian Social Security Institute (IESS); Ministry of Economic and Social Inclusion (MIES); National Specialist Police Department for Children and Young Persons (DINAPEN); National Police; and Internal Revenue Service.

Article 6. Status and conditions of service of labour inspectors. The Government states that career inspectors are appointed for an indefinite period, which ensures the stability and continuity of their work. The Committee requests the Government to specify whether there are inspectors who are not part of the administrative career service and, if so, to provide information on their status and conditions of service.

Article 9. Collaboration of technical experts and specialists in inspection work. In reply to the Committee’s previous comments, the Government indicates that there are a substantial number of specialists in occupational safety and health who take part in technical inspections of workplaces. The Committee requests the Government to state the number and geographical distribution of these specialists and to supply information on their fields of specialization.

Article 10. Labour inspection staff. The Committee notes with interest the Government’s indication that the number of labour inspectors, which stood at 65 in 2006, increased to 245 by early 2013. The Committee requests the Government to provide information on the geographical distribution of labour inspectors and to indicate their different categories. It would also be grateful if the Government would provide information on the number, nature and geographical distribution of the workplaces liable to inspection under the terms of the Convention, and on the number and classes of workers employed in them.

Article 11. Material resources of the labour inspectorate. The Committee notes that, according to the information contained in the Government’s report, the Ministry of Labour Relations opened 34 modern provincial branches and agencies in 2011, including the headquarters in Quito, equipped with state-of-the-art technology and systems. The Committee requests the Government to indicate the manner in which the modernization of the provincial branches and agencies of the Ministry has had an impact on the offices and equipment available to labour inspectors for the performance of their duties (paragraph 1(a)). The Committee also requests the Government to provide information on the transport facilities available to labour inspectors for their duty travel (paragraph 1(b)), and also on the arrangements for reimbursing labour inspectors for any travelling and incidental expenses necessary for the performance of their duties (paragraph 2).

Article 18. Adequate and effectively enforced penalties. The Committee notes that under section 628 of the Labour Code, as amended by Legislative Decree No. 8 of 2008, where no particular penalty has been established, the regional labour director can impose a fine ranging from three to 20 consolidated minimum wage equivalents. Labour inspectors can, under the terms of this section, impose fines of up to US$50. The same section provides that the size of financial penalties varies according to the circumstances of the violation, its seriousness and the financial capacity of the offender. In accordance with section 632 of the Labour Code, in the case of a repeat infringement or concurrent infringements, the amount of the fine may be increased proportionately or the maximum fine may be imposed. Violations of the provisions of the Labour Code are liable to be penalized in the form prescribed in the relevant sections and, where no particular fine has been established, the regional labour director may impose a fine of up to US$200. The Committee requests the Government to provide information on the measures taken to ensure that financial penalties which can be imposed by labour inspectors for violations of the provisions of the labour legislation retain their deterrent effect despite any currency fluctuations.

Articles 19, 20 and 21. Periodic and annual reports. The Committee notes that the Government has not sent an annual inspection report. However, it notes that the labour inspectorate has a system for the registration of information relating to labour inspections (SINACOI). It also notes the statistical charts relating to the number of inspections conducted per sector between 1 January and 8 November 2012, and also the charts relating to the number of children, young persons, persons with disabilities, men, women and foreign workers identified during those inspections. The Committee further notes the “2010–11 facts and figures” report produced by the Ministry of Labour Relations, containing information in particular on the number of inspections conducted and the number of inspectors. The Committee hopes that the progress made in terms of the installation of systems for the various provincial branches of the Ministry and SINACOI is utilized to register and process the necessary data for the preparation, by local inspection offices, of periodic reports on the results of their work, as provided for by Article 19 of the Convention, with a view to enabling the central inspection authority to prepare and publish an annual report, in line with Articles 20 and 21 of the Convention. The Committee reminds the Government that it may avail itself of ILO technical assistance for this purpose, if it so wishes.

Furthermore, with reference to the comments that it has been making since 2008, the Committee urges the Government to take the necessary measures to supplement the national legislation relating to the designation of workplaces liable to inspection (Articles 2 and 23); the functions and structure of the system (Articles 3, 4 and 5); training for labour inspectors (Article 7(3)); their responsibilities and powers (Article 12(1)(a), (b), (c)(iii) and (iv), and 12(2); and Articles 13 and 17), and their ethical obligations (Article 15).

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

Referring to its observation, the Committee would be grateful if the Government would supply the information requested in the 2008 direct request under Articles 3(2) (further duties entrusted to labour inspectors), 5 (cooperation necessary to the functioning of the labour inspection service), 7(3) (training of labour inspectors), 11(1)(a) (material resources of the inspection services) and 14 (notification of industrial accidents and cases of occupational disease to the labour inspectorate) of the Convention, together with further information on the following points.

Article 3(2) of the Convention. Role of labour inspectors in the settlement of collective labour disputes. Further to its previous comments, the Committee observes that the law continues to entrust labour inspectors with mediation duties in collective labour disputes. It wishes to point out that, in accordance with Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee would be grateful if the Government would accordingly take measures to relieve labour inspectors of duties relating to the settlement of labour disputes so that they may devote themselves more fully to supervising the legislation on working conditions and the protection of workers, and to keep the Office informed.

Article 6. Status and conditions of service of labour inspectors. Further to its observation on the varying status of labour inspection staff, the Committee asks the Government to provide information on the matter and in any event to take measures to ensure that full effect is given to Article 6 of the Convention on inspection personnel having the duties, powers and prerogatives defined in Articles 3(1), 12, 13 and 17, and to keep the ILO informed of any progress in this regard.

Article 7(1). Qualifications of labour inspectors. Noting that the Basic Act on the Public Service and Administrative Careers (LOSCA) provides for public administration posts (including “labour inspector” posts and “child labour inspector” posts) to be filled by competition, the Committee asks the Government to send detailed information on the competitions organized for the recruitment of labour inspectors during the period covered by the next report, and on the results thereof.

Article 9. Cooperation of specialists and technical experts. The Government is asked to take measures to secure the cooperation of specialists and technical experts duly qualified in the running of the labour inspection service so as to ensure application of the legal provisions on the safety and health of workers while engaged in their work, and to provide details of these measures and their application in practice.

Articles 20 and 21. Publication and communication of an annual inspection report. The Committee asks the Government to ensure that an annual report on the activities of the labour inspectorate containing the information required by Article 21(a)–(g) is published and sent to the ILO at the earliest possible date.

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 takes note of the brief reports sent by the Government, received on 8 September 2009 and 19 October 2010, and the information on occupational safety and health inspection activities. It also notes the reports produced in the context of bilateral cooperation with the Ministry of Labour and Immigration of Spain on the one hand, and on the other, the Ministry of Labour of Argentina in November 2008 on the operation of the labour inspection system in the country, which contain recommendations for improvement.

Article 3(1)(b) of the Convention. Educational activities conducted by the labour inspectorate. The Committee notes the various training courses on rights at work and on safety and health run for workers, employers, representatives of trade unions and chambers of commerce and technical specialists, which involved visits to plantations and workplaces, and the compilation of a handbook of all existing labour standards subject to supervision by the labour inspectorate. Furthermore, it notes the “SIUDEL” website (www.derechosdeltrabajo.net) provided by the Government which contains a lot of information on labour law, illustrated to make it readily accessible to persons with limited reading ability or poor sight.

Evaluation of the labour inspection system. The Committee notes that the Government provides no information replying to the matters raised in the previous comments concerning the need to supplement the labour legislation in order to strengthen the labour inspection system, and the action taken on the recommendations of the ILO/FORSAT multilateral technical cooperation project, and the Pilot Inspection Plan for Guayaquil produced in the context of this project, which ended in April 2007. The Government merely indicates that action will be taken on the recommendations made in the context of the abovementioned bilateral technical cooperation and on the Committee of Experts’ observations, in the course of the process to reform the labour inspection system now under way.

The Committee observes that the recent diagnosis of the situation and the resulting recommendations largely reflect the findings of the report evaluating the ILO/FORSAT multilateral technical cooperation project of 2005 as concerns the situation of labour inspection in Quito, Guayaquil and Cuenca, namely: the absence of a national labour authority; insufficient human resources and material means; the absence of a body of rules governing the structure, organization, duties and functions of the labour inspection system, the status, powers and obligations of inspectors, and the absence of legal provisions defining offences against the legislation on working conditions and the protection of workers and setting penalties therefor; the absence of any planning and scheduling of inspection visits, and inadequate oversight of occupational safety and health obligations. Attention was also drawn to shortcomings such as the lack of a central labour inspection authority, the disparities between regional and provincial bodies, the absence of any regional safety and health bodies other than the Regional Directorate in Quito, a lack of cooperation between the inspectors of the Ecuadorian Social Security Institute (IESS) and labour inspectors, and overlap in the duties performed by the various categories of inspectors (inspector-controllers, IESS inspectors, inspectors responsible for supervising various projects, labour inspectors, child labour inspectors, only the last two of these categories having public servant status).

The Committee observes that the improvement – noted in its previous comments – in the system of labour registers resulting from the ILO/FORSAT multilateral technical cooperation project enabled the Government of Argentina to make a recommendation for the establishment of an integrated national system for labour statistics to include the various administrative registers, and for reactivation of the Special Committee on Labour Statistics.

To remedy the disadvantages of having several categories of labour inspectors of varying status and of creating a single category of general “integrales” inspectors, the Government states that pursuant to mandato constituyente No. 008, there is to be an integrated labour inspectorate and the administrative, operational and financial organization of the Ministry of Labour and Employment is to be strengthened.

Further to its observation of 2008, the Committee asks the Government once again to take measures to bring the legislation into line with the Convention as regards: determining the workplaces covered (Articles 2 and 23); the functions and organization of the system (Articles 3, 4, 5 and 9); the status and conditions of service of inspection staff (Article 6), its training (Article 7), eligibility of both sexes (Article 8), prerogatives and powers (Articles 12, 13 and 17), ethical (Article 15) and functional (Articles 16 and 19) obligations; the publication of an annual inspection report (Articles 20 and 21). The Government is also asked to supplement the legislation with provisions defining offences enforceable by labour inspectors and setting penalties therefor. Please also send information on any progress made and copies of any texts adopted for the abovementioned purposes.

The Government is again asked to provide the information that is now available thanks to the system for recording labour data such as the number, activities and geographical distribution of the industrial and commercial establishments that are under the supervision of the labour inspectorate; the number and categories of workers employed therein (men, women, young workers in particular) and any other information necessary for an evaluation by the competent authority of the labour inspectorate’s needs in human resources, material means and transport facilities, and to determining priorities for action in the light of Ecuador’s economic circumstances.

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)

Referring to its observation, the Committee would be grateful if the Government would supply the information requested in the 2008 direct request under Articles 3(2) (further duties entrusted to labour inspectors),
5 (cooperation necessary to the functioning of the labour inspection service), 7(3) (training of labour inspectors), 11(1)(a) (material resources of the inspection services) and 14 (notification of industrial accidents and cases of occupational disease to the labour inspectorate) of the Convention, together with further information on the following points.

Article 3(2) of the Convention. Role of labour inspectors in the settlement of collective labour disputes. Further to its previous comments, the Committee observes that the law continues to entrust labour inspectors with mediation duties in collective labour disputes. It wishes to point out that, in accordance with Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee would be grateful if the Government would accordingly take measures to relieve labour inspectors of duties relating to the settlement of labour disputes so that they may devote themselves more fully to supervising the legislation on working conditions and the protection of workers, and to keep the Office informed.

Article 6. Status and conditions of service of labour inspectors. Further to its observation on the varying status of labour inspection staff, the Committee asks the Government to provide information on the matter and in any event to take measures to ensure that full effect is given to Article 6 of the Convention on inspection personnel having the duties, powers and prerogatives defined in Articles 3(1), 12, 13 and 17, and to keep the ILO informed of any progress in this regard.

Article 7(1). Qualifications of labour inspectors. Noting that the Basic Act on the Public Service and Administrative Careers (LOSCA) provides for public administration posts (including “labour inspector” posts and “child labour inspector” posts) to be filled by competition, the Committee asks the Government to send detailed information on the competitions organized for the recruitment of labour inspectors during the period covered by the next report, and on the results thereof.

Article 9. Cooperation of specialists and technical experts. The Government is asked to take measures to secure the cooperation of specialists and technical experts duly qualified in the running of the labour inspection service so as to ensure application of the legal provisions on the safety and health of workers while engaged in their work, and to provide details of these measures and their application in practice.

Articles 20 and 21. Publication and communication of an annual inspection report. The Committee asks the Government to ensure that an annual report on the activities of the labour inspectorate containing the information required by Article 21(a)–(g) is published and sent to the ILO at the earliest possible date.

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

The Committee takes note of the brief reports sent by the Government, received on 8 September 2009 and 19 October 2010, and the information on occupational safety and health inspection activities. It also notes with interest the reports produced in the context of bilateral cooperation with the Ministry of Labour and Immigration of Spain on the one hand, and on the other, the Ministry of Labour of Argentina in November 2008 on the operation of the labour inspection system in the country, which contain recommendations for improvement.

Article 3(1)(b) of the Convention. Educational activities conducted by the labour inspectorate. The Committee notes the various training courses on rights at work and on safety and health run for workers, employers, representatives of trade unions and chambers of commerce and technical specialists, which involved visits to plantations and workplaces, and the compilation of a handbook of all existing labour standards subject to supervision by the labour inspectorate. Furthermore, it notes with interest the “SIUDEL” website (www.derechosdeltrabajo.net) provided by the Government which contains a lot of information on labour law, illustrated to make it readily accessible to persons with limited reading ability or poor sight.

Evaluation of the labour inspection system. The Committee notes that the Government provides no information replying to the matters raised in the previous comments concerning the need to supplement the labour legislation in order to strengthen the labour inspection system, and the action taken on the recommendations of the ILO/FORSAT multilateral technical cooperation project, and the Pilot Inspection Plan for Guayaquil produced in the context of this project, which ended in April 2007. The Government merely indicates that action will be taken on the recommendations made in the context of the abovementioned bilateral technical cooperation and on the Committee of Experts’ observations, in the course of the process to reform the labour inspection system now under way.

The Committee observes that the recent diagnosis of the situation and the resulting recommendations largely reflect the findings of the report evaluating the ILO/FORSAT multilateral technical cooperation project of 2005 as concerns the situation of labour inspection in Quito, Guayaquil and Cuenca, namely: the absence of a national labour authority; insufficient human resources and material means; the absence of a body of rules governing the structure, organization, duties and functions of the labour inspection system, the status, powers and obligations of inspectors, and the absence of legal provisions defining offences against the legislation on working conditions and the protection of workers and setting penalties therefor; the absence of any planning and scheduling of inspection visits, and inadequate oversight of occupational safety and health obligations. Attention was also drawn to shortcomings such as the lack of a central labour inspection authority, the disparities between regional and provincial bodies, the absence of any regional safety and health bodies other than the Regional Directorate in Quito, a lack of cooperation between the inspectors of the Ecuadorian Social Security Institute (IESS) and labour inspectors, and overlap in the duties performed by the various categories of inspectors (inspector-controllers, IESS inspectors, inspectors responsible for supervising various projects, labour inspectors, child labour inspectors, only the last two of these categories having public servant status).

The Committee observes that the improvement – noted in its previous comments – in the system of labour registers resulting from the ILO/FORSAT multilateral technical cooperation project enabled the Government of Argentina to make a recommendation for the establishment of an integrated national system for labour statistics to include the various administrative registers, and for reactivation of the Special Committee on Labour Statistics.

To remedy the disadvantages of having several categories of labour inspectors of varying status and of creating a single category of general “integrales” inspectors, the Government states that pursuant to mandato constituyente No. 008, there is to be an integrated labour inspectorate and the administrative, operational and financial organization of the Ministry of Labour and Employment is to be strengthened.

Further to its observation of 2008, the Committee asks the Government once again to take measures to bring the legislation into line with the Convention as regards: determining the workplaces covered (Articles 2 and 23); the functions and organization of the system (Articles 3, 4, 5 and 9); the status and conditions of service of inspection staff (Article 6), its training (Article 7), eligibility of both sexes (Article 8), prerogatives and powers (Articles 12, 13 and 17), ethical (Article 15) and functional (Articles 16 and 19) obligations; the publication of an annual inspection report (Articles 20 and 21). The Government is also asked to supplement the legislation with provisions defining offences enforceable by labour inspectors and setting penalties therefor. Please also send information on any progress made and copies of any texts adopted for the abovementioned purposes.

The Government is again asked to provide the information that is now available thanks to the system for recording labour data such as the number, activities and geographical distribution of the industrial and commercial establishments that are under the supervision of the labour inspectorate; the number and categories of workers employed therein (men, women, young workers in particular) and any other information necessary for an evaluation by the competent authority of the labour inspectorate’s needs in human resources, material means and transport facilities, and to determining priorities for action in the light of Ecuador’s economic circumstances.

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

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

Referring also to its observation, the Committee draws the Government’s attention to the following points.

Article 3, paragraph 1, of the Convention. Functions of the labour inspection system. The Committee notes that, according to section 545(8) of the Labour Code as amended, labour inspectors are entrusted, in addition to their supervisory functions stipulated under its clauses 1–4, with those provided under ratified international Conventions. It therefore requests the Government to indicate whether they are entrusted with supplying technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions and with bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, as provided under paragraph 1(b) and (c) of Article 3 of the Convention. In the affirmative, it requests the Government to submit a copy of any relevant text. If this is not the case, it would be grateful if it took measures to this effect and to keep the ILO informed.

Article 3, paragraph 2. Further duties entrusted to labour inspectors. The Committee notes that labour inspectors are entrusted, under various provisions of the Labour Code, with tasks other than those inherent in the job of labour inspection, such as the calculation of bonuses, the notification of legal decisions and the registration of data, etc. It would be grateful if the Government would indicate the measures taken to ensure that, in accordance with this provision of the Convention, the exercise of these additional duties should not interfere or prejudice in any way the authority and impartiality necessary to inspectors in their relations with employers and workers.

Article 5. Cooperation necessary to the functioning of the labour inspection service. The Committee notes that, on this matter, the Government refers to the information provided in its previous report. However, the Committee notes that this report does not contain any information on this Article of the Convention. It therefore requests the Government to indicate the measures taken to guarantee effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (subparagraph (a)), as well as collaboration between officials of the labour inspectorate and employers and workers (subparagraph (b)).

Article 7, paragraph 3. Training of labour inspectors. The Committee notes the Government’s announcement of measures to provide comprehensive training to labour inspectors so that they might acquire the necessary skills in all areas under their supervision. It notes with interest that it was envisaged, within the framework of bilateral cooperation with Spain, to organize training workshops for labour inspectors in September 2008. The Committee would be grateful if the Government would supply detailed information on any training activity for labour inspectors during the period covered by the next report (content, duration of training activities and number of inspectors concerned).

Article 9. Collaboration between specialists and technical experts. The Committee would be grateful if the Government would indicate how it is ensured that duly qualified specialists and technical experts are associated in the work of labour inspection to guarantee the enforcement of legal provisions relating to the protection of the hygiene and safety of workers while engaged in their work.

Article 11, paragraph 1(a). Material resources of labour inspection services. Following its observation of 2006 on the inadequate resources and working conditions of labour inspectors, the Committee notes the Government’s statement that the premises housing inspection services have been improved. It nevertheless indicates that there is still a shortage of transport facilities required by inspectors to carry out their inspection visits. The Committee requests the Government to specify how the financial resources earmarked for the functioning of labour inspection offices are determined under the budget of the Ministry of Labour and Employment. In particular, it would be grateful if it could indicate the authority responsible for submitting the budget estimate in this respect.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes that, under section 386 of the Labour Code, the employer, the victim or their respective representatives and dependents must notify the labour inspector of industrial accidents or cases of occupational disease. The Committee would be grateful if the Government would communicate information on the notification procedure in the event of occupational disease and to indicate in particular the measures taken to ensure that medical conditions related to the occupation may be identified by the workers concerned, their employer, the occupational health physician or their personal doctor, so that these might be reported to the labour inspectorate.

The Committee draws the Government’s attention to the guidelines laid down in this respect by the code of practice published by the ILO in 1996, “Recording and notification of occupational accidents and diseases”, to which it referred in its general observation the same year.

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

The Committee notes the Government’s report for the period ending 1 September 2008 and the table containing labour statistics for the first six months and July 2008, which do not deal with the subject covered by the Convention.

Following its previous comments on the need to supplement the labour legislation to strengthen the labour inspection system, the Committee notes that minor amendments were made to the Labour Code in 2005, which brought about a change in the order of its provisions but made no difference with respect to the labour inspection services, apart from the suppression of the function of sub-labour inspector.

Limited effects of international cooperation on the functioning of the labour inspection system: Findings and prospects. The Committee notes that the Government has not provided the information requested on the follow-up to the recommendations of the ILO/FORSAT multilateral technical cooperation project for the strengthening of labour administrations in Bolivia, Ecuador and Peru, of which one of the most important components was to be labour inspection. Referring to the information available to the ILO, it notes that although the project ended in April 2007, it had come up against two major obstacles when it was being carried out: its objectives were disproportionate to the political commitment involved; and political instability. The Committee nevertheless notes that, according to the project evaluation report, there had been an improvement in the system of labour registers and computerization and that, once it became operational, this system would be one of the best labour statistical systems in the region. It would make available updated information that was both reliable and of a high quality, thereby facilitating the design of public policies.

The Committee notes, however, that the recommendations of the FORSAT project with a view to improving the labour inspection system, such as, for example, the creation of a labour inspection directorate at national level, were not followed up. In this respect, the Government stipulates in its report, under Article 4 of the Convention, that the inspection services are placed under the supervision and control of the Director and Undersecretary of Labour in their respective constituencies, which is contrary to this provision under which they should be placed under the supervision and control of a central authority. Furthermore, the conclusions of the 2005 evaluation report of the labour inspection services in the cities of Quito, Guayaquil and Cuenca, were to be applied to inspection services throughout the country. Among the shortcomings of the inspection service, the same report emphasized that there was no body of regulations governing the structure, organization and functions of the labour inspection system or the status, power and obligations of inspectors; nor were there any provisions defining breaches of the legislation, the application of which was supervised by the labour inspectors, and the penalties applicable. Furthermore, it highlighted the inadequate human resources and material working conditions, including transport facilities for inspectors. Consequently, there is a low level of coverage of needs in this regard (inspection visits are not planned; those carried out are rare and performed on a reactive basis; and there is a lack of enforcement of obligations in the area of social security and occupational safety and health). The Committee notes that, despite the improvement in the labour data registration system, the Government continues to attribute its inadequate application of the Convention to the lack of human resources, and of material and data processing means. Moreover, it has not provided any information on the follow up to the pilot inspection plan for Guayaquil, drawn up within the framework of the FORSTAT project, including models for forms for inspection orders, reports on visits to establishments (inspections carried out, violations reported, follow-up action, indication of the body to which violations will be notified) and a model of the form summarizing the monthly report on inspection activities.

The Committee reminds the Government that, in ratifying this Convention, it undertook to take the necessary measures to implement its provisions in law and practice. It urges it to do its utmost to fulfil this commitment as soon as possible including, if necessary, with ILO technical assistance, especially to bring the legislation into conformity with regard to: the determination of the establishments covered (Articles 2 and 23); the functions and organization of the system (Articles 3, 4, 5 and 9); the status and conditions of service of the inspection staff (Article 6), their training (Article 7), their gender composition (Article 8), their prerogatives and powers (Articles 12, 13 and 17), their obligations of an ethical (Article 15) and functional nature (Articles 16 and 19); and the publication of an annual report on inspection (Articles 20 and 21).

The Committee urges the Government to ensure that the legislation is supplemented by the adoption of provisions classifying violations according to their nature and severity and establishing the type of penalties imposed on perpetrators; and that implementing regulations on financial penalties which allow for adjustment to monetary fluctuations should be adopted. The Committee hopes that the Government will submit information in its next report on any progress made in the application of the above provisions of the Convention and a copy of any legislation adopted to this effect.

The Committee would be grateful if the Government would communicate, in any event, the information available in its next report from the labour data registration system, such as the number, activities and geographical breakdown of the industrial and commercial establishments under the supervision of the labour inspection system; the number and categories of workers employed in these establishments (men, women, young workers), as well as any other information required by the competent authority to assess the needs of the labour inspection system in terms of human resources, material means, transport facilities and means of transport, and to determine priorities for action, taking into account the country’s economic conditions.

The Committee is also addressing a request directly to the Government on other points.

[The Government is asked to reply in detail to the present comments in 2009.]

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

The Committee notes the Government’s report for the period ending 1 September 2006, the activity report of the Ministry of Labour and Employment for the 2005-06 period, the activity report of the labour inspectorate of Pichincha for the period from 20 April 2005 to 12 April 2006, and the list of labour inspectorate staff at national level.

1. Financial cooperation and technical assistance for the establishment of an effective labour inspection system. In reference to its previous comments and the information available in the ILO, the Committee notes with satisfaction the successful outcome of the Government’s search for financial and technical cooperation, and the country’s integration into the ILO/FORSAT multilateral technical cooperation project for the strengthening of labour administrations, financed by the Ministry of Labour and Social Affairs of Spain and covering other countries in the region. It notes that labour inspection is one of the most important components of the project and that cooperation and assistance activities should be undertaken with a view to defining a legal and structural framework and determining working procedures and methods for an effective inspection system. The Committee notes with interest that an evaluation of the labour inspection services in the cities of Quito, Guayaquil and Cuenca was carried out within the framework of the abovementioned project between September and November 2005 and that its conclusions are to be applied to inspection services throughout the country. The evaluation highlighted the shortcomings and limitations of the inspection service, notably in respect of legislation, human resources and material means.

(i)    Part I of the report form. Legislation. The only legislation in existence concerning labour inspection consists of six sections of the Labour Code of 1937 which relate to the attributions and responsibilities of labour inspectors, and several other provisions in the same Code on the responsibilities of labour inspectors in various domains. Hence, there is no body of regulations governing the structure, organization, attributions and functions of the labour inspection system or the status, powers and obligations of inspectors, nor any legal provisions defining breaches of the legislation relating to working conditions and the protection of workers, and the penalties applicable.

(ii)    Article 3, paragraph 1(a), Articles 10 and 16 of the Convention. Human resources and coverage of requirements. The number of staff is considered insufficient. Moreover, certain labour inspectors are not specifically assigned to inspection services, and also carry out other duties in different departments of the ministry. Inspection visits are not planned, and those carried out are rare and performed on a reactive basis. Not all areas of the legislation are covered by labour inspection, most notably social security, and, due to a lack of training, occupational safety and hygiene.

(iii)   Article 11, paragraph 1(a). Working conditions of inspectors.  According to the evaluation report, the premises housing inspection services are inadequate and badly equipped, in such a way that the inspectors cannot carry out their duties or receive visitors in an appropriate manner. Moreover, computer equipment, a database and a filing system are needed.

(iv)   Article 11, paragraph 1(b). Transport facilities.  Inadequate transport facilities mean that labour inspectors have to rely on employers or workers for means of transport when performing their professional duties.

The Committee notes that the evaluation of the labour inspection system was based on the formulation of recommendations to be implemented in the short and medium term with a view to the strengthening of the system, in accordance with the principles set forth in the Convention. A draft law on the organic structure and the functions of the new Ministry of Labour and Employment, prepared with the support of the ILO within the framework of the FORSAT project, envisaged the creation of a labour inspection directorate at national level. Although this proposal was not followed up, it served as a basis for further discussions, and the creation of a labour inspection unit detached from the mediation services is currently envisaged.

The Committee also notes with interest that within the framework of the abovementioned project, a pilot inspection plan was proposed in 2005, aimed at bringing together a group of inspectors from the inspection services of the city of Guayaquil to carry out nothing but inspection duties, while the other inspectors would continue to carry out all the functions attributed to them by the Labour Code in force. The results of such a plan could allow for it to be extended to other regions of the country.

The Committee notes with interest that the ILO subregional office currently provides technical assistance to the Ministry of Labour and Employment with a view to the reform of the Labour Code and the establishment and implementation of a national occupational safety and health system, and that, according to the Government, measures have been taken to ensure the strict application of Articles 20 and 21 of the Convention. Information available in the ILO indicates that, within the framework of the FORSAT project, a new systematization of files and labour statistics is under way. Moreover, according to the Government, there are plans to put reports by regional labour directorates and various inspection services on the Ministry web site.

The Committee would be grateful if the Government would keep the ILO informed of any developments relating to actions taken following recommendations made by the ILO/FORSAT project and, with regard to the results of such actions, to communicate a copy of any relevant texts or documents. It requests the Government to provide a copy of the annual report on inspection activities, as soon as it is published.

2. Labour inspection and child labour. The Committee notes with interest the information available in the ILO which indicates that the number of inspectors responsible for child labour has increased. It also notes the training and awareness-raising activities in this area aimed at inspectors and other persons concerned. While noting that inspection visits were carried out in different areas of the country where children work, the Committee would be grateful if the Government would provide details of these inspection visits in the undertakings and activities covered by the Convention, and the results thereof.

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

Publication of an annual report. With reference to its previous comments, the Committee notes with regret that the Government’s report makes no mention of any new measures which might have been taken in order to ensure the publication, within the time limits prescribed by Article 20 of the Convention, of an annual inspection report containing the information required under Article 21. Given the importance attached to the publication at regular intervals of such reports, with a view to assessing the effectiveness of the inspectorate in practice, the Committee hopes that the Government will, in the near future, ensure that such reports are published and transmitted to the ILO, in accordance with the provisions of the Convention.

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

With reference to its observation, the Committee notes the Government’s report and the partial information provided in response to its previous comments. It requests the Government to provide additional information on the following Articles.

Article 3, paragraph 1(c), of the Convention. Please indicate whether it is laid down, as prescribed by this provision, that labour inspectors are responsible for bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Paragraph 2. Please indicate the manner in which it is ensured that the duties conferred upon labour inspectors by section 42 of the organic regulations of the functions of the Ministry of Labour and Human Resources and section 553 of the Labour Code, apart from those set out in paragraph 1 (a) to (c) of this Article of the Convention, do not interfere with the effective discharge of the latter duties and do not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 7, paragraph 3. The Committee notes that a process of comprehensive training for labour inspectors was due to begin in the middle of September 2001. It also notes that the Government envisages taking measures with the assistance of international cooperation for the professional specialization of labour inspectors. It requests the Government to provide information on the results of the measures taken in this respect.

Article 12. The Committee notes the supervisory functions assigned to labour inspectors under section 553(4) of the Labour Code. It notes that, in accordance with subsection 8 of this section, labour inspectors may also be assigned other functions determined by the law and ratified international Conventions. The Committee would be grateful if the Government would specify the other functions assigned to labour inspectors under this provision and if it would indicate the legal provisions entrusting inspectors with the powers set out in paragraphs 1 (a) to (c) and 2 of this Article of the Convention.

Article 13. The Committee notes that section 443 of the Labour Code authorizes the Ministry of Labour and Human Resources, after consulting the head of the Occupational Safety and Health Department, to order the suspension of work or the closure of workplaces which are harmful to the health or safety of workers and constitute a threat in this respect, or which violate the relevant safety and health standards. The Committee requests the Government to provide copies of the texts issued under this section of the Code.

Article 15. The Committee requests the Government to indicate the manner in which effect is given to the obligation of confidentiality with regard to the source of any complaint, which is required of labour inspectors by paragraph (c) of this Article.

Article 18. The Committee would be grateful if the Government would indicate the provisions establishing adequate penalties for obstructing labour inspectors in the performance of their duties.

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

With reference to its general observation of 1999, the Committee notes with interest that a campaign to raise awareness concerning child labour has been launched with the support of the International Programme on the Elimination of Child Labour (IPEC), and that training programmes for labour inspectors on child labour and related information collection mechanisms are currently being implemented. The Committee would be grateful if the Government would provide detailed information in its next report on the operation and impact of the above awareness campaign, as well as on the number of inspectors concerned by the training.

Articles 10, 11 and 16 of the Convention. With reference to its previous observation, the Committee notes that the Government envisages requesting international financial cooperation with the technical support of the ILO, with a view to establishing an inspection system, in accordance with the provisions of the Convention, and the reinforcement of the material resources and transport facilities required by inspectors for the discharge of their duties. The Committee hopes that these measures will be well received and that the Government will soon be in a position to provide information in this respect.

Articles 20 and 21. The Committee notes that the statistical bulletin provided under these provisions does not refer to inspection activities and does not contain the information required concerning each of the subjects set out in Article 21(a) to (g). With reference to paragraphs 274 et seq. of its 1985 General Survey on labour inspection, in which it emphasizes the importance at the national and international levels of the publication and transmission of annual general reports on the work of the inspection services, the Committee once again hopes that the Government will take the necessary measures to ensure that annual inspection reports, in accordance with these provisions, are in future published and transmitted to the ILO within the time limits prescribed by Article 20.

The Committee is addressing a request directly to the Government on certain points.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports for the period ending May 1999, and the attached documents.

Articles 10 and 16 of the Convention.  The Committee notes that these two provisions are applied to the extent that is permitted by economic possibilities, material and human resources being a determining criterion in the frequency of inspection visits. The Committee also refers to a statement made by the Government in reply to a comment made by the Committee in 1998 under Convention No. 100 to the effect that unfortunately no inspections had been carried out. In this respect, the Committee is bound to emphasize the need, within the framework of a coordinated labour inspection system, of ensuring the effective application of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and it reminds the Government of the possibility of having recourse to the technical assistance of the ILO and international financial cooperation, for countries which so request, with a view to meeting the conditions for the establishment of such a system. The Government is therefore urged to take initiatives for this purpose and to provide information on the progress achieved in these initiatives.

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

The Committee notes the Government's reports for the periods ending in June 1993 and June 1995, as well as the statistical data for 1991, 1992 and 1993. Although it notes that the number of inspection visits increased once again in 1993 (2,366 visits) after falling in 1992 (2,174) in comparison with 1991 (2,310), and that the Ministry of Labour employed 74 labour inspectors in the first half of 1993, the Committee does not have at its disposal sufficient information on labour inspection, and particularly on the workplaces liable to inspection and the number of workers employed therein, to be able to evaluate the effectiveness of the system. It therefore once again requests the Government to take the necessary measures to include in its future annual inspection reports all the data covered by Article 21 of the Convention.

The Committee notes the Government's statement in its report ending June 1993 that severe budgetary restrictions upon the public sector make it difficult to plan a significant increase in the number of inspection personnel in the medium term. The Committee recalls that labour inspection is of fundamental importance in ensuring the application of labour standards and that it should be given the necessary priority in budgetary decisions. The Committee request the Government to inform it of any progress in this respect and to indicate how it is ensured that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate (Article 10) and that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant labour legislation (Article 16).

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

With reference to its previous comments, the Committee notes the report supplied by the Government and the statistical bulletins for 1987, 1988, 1989 and 1990 which have been transmitted. The Committee finds that the statistics supplied do not contain any information on the following items in Article 21 of the Convention: (b) staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein (except for the Province of Pichincha); (e) statistics of violations and penalties imposed; and (g) statistics of occupational diseases for 1989 and 1990. The Committee emphasises once again the importance it attaches to the annual inspection reports, which enable an evaluation of the inspectorate's activities in practice. Furthermore the authorities should be able to extract from these reports useful conclusions for the future and to invite reactions from employers and workers (see Article 5(b)). The Committee hopes that coming annual inspection reports will contain all necessary information and that the Government will indicate in its report what steps have been taken to ensure that the number of labour inspectors is sufficient (Article 10) and that workplaces are visited as often and as thoroughly as necessary.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21, of the Convention. The Committee notes that the reports on the work of the inspection services for 1987 and 1988 have not yet been received. It trusts that the Government will not fail to take the necessary measures to ensure that in future these reports, containing information on all the points set out in Article 21, are published and communicated to the ILO in the time-limits set forth in Article 20.