Effect given to the recommendations of the committee and the Governing Body - Report No 337, June 2005

Case No 2138 (Ecuador) - Complaint date: 14-MAY-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 74. At its November 2004 meeting the Committee requested the Government to ensure that no person would be prejudiced in his or her employment by reason of their trade union membership or legitimate trade union activities, whether past or present. In particular, referring to the COSMAG company, the Committee requested the Government to undertake all necessary efforts to locate the workers who had been victims of acts of discrimination, so that they could be reinstated or, if that were impossible, so that they could receive adequate compensation. Furthermore, the Committee requested the Government to amend section 190 of the Promotion of Investment and Citizen Participation Act (which has been ruled unconstitutional by the Constitutional Court) so as to bring it into conformity with Conventions Nos. 87 and 98, ratified by Ecuador [see 335th Report, para. 856].
2. 75. In its communication of 21 January 2005 the Government states that the workers in question were legally compensated and refers in this respect to the settlement documents they signed with the company and that the Government attaches. Furthermore, with respect to section 190 of the Promotion of Investment and Citizen Participation Act that was ruled unconstitutional by the Constitutional Court (section 190 of this Act replaced former section 224 of the Labour Code with the following: Section 224 – A collective agreement or accord is an agreement between one or more employers and one or more legally constituted workers’ associations, as the case may be, for the purpose of establishing the conditions or basic principles in accordance with which subsequent individual employment contracts must be drawn up), the Government states that it was ruled unconstitutional by the Constitutional Court, and therefore that legal rule is not part of the Labour Code of Ecuador. The Government adds that the Committee’s observations will be transmitted to the Legislative Power so that conformity with Conventions Nos. 87 and 98 will be taken into consideration in future discussions of legislation.
3. 76. The Committee notes this information