Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Equateur (Ratification: 1975)

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).