Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ecuador (Ratification: 1967)

Article 3 of the Convention. Right to strike of public servants. Minimum services. In its previous comments, the Committee emphasized the lack of conformity with the Convention of certain provisions of the 2017 Basic Act reforming the laws governing the public sector (the Basic Reform Act), which: (i) prohibited strikes in the following public services: health; environmental sanitation; education; the justice system; the fire service; social security; electricity; drinking water; sewerage; oil and gas production; fuel processing, transport and distribution; public transport; and the postal and telecommunications service; and (ii) provided that, in the absence of an agreement, the arrangements for the provision of minimum services will be established by the Ministry of Labour. The Committee notes the Government’s indication that in 2024–25 the Ministry of Labour conducted dialogue with public sector trade unions in technical committees and implemented initiatives to publicize labour regulations, in which views on the scope of the right to strike and the provision of minimum services were gathered. In this regard, the Committee once again recalls that it should be possible for strikes to be organized by workers in transport, public education and fuel distribution services and in the hydrocarbon sector, and that any disagreements concerning minimum services should not be resolved by the government authorities, but that it should be possible to have recourse to a joint or independent body which has the confidence of the parties, is responsible for examining rapidly and without formalities the difficulties raised, and is empowered to issue enforceable decisions (2012 General Survey on the fundamental Conventions, paras 134 and 138). The Committee once again requests the Government to take the necessary measures, in consultation with the social partners concerned, to ensure that the legislation does not excessively restrict the right of organizations of public servants to organize their activities and formulate their programmes, and provides for possible recourse to a joint or independent body which has the confidence of the parties in the event of any disagreements concerning minimum services. The Committee requests the Government to provide information on any developments in this regard.

Determination of minimum services in the private sector. The Committee previously asked the Government to amend section 515 of the Labour Code to ensure that, in the event of disagreement between the parties concerning the determination of minimum services in the private sector, the decision does not lie with the government authorities. The Committee notes that the Government merely reiterates that, if there is no agreement on the provision of minimum services, the Ministry of Labour through the regional departments is responsible for making arrangements for the provision of minimum services. The Committee also notes that PSI in Ecuador and the FUT indicate that the above-mentioned section has not been amended or been the subject of tripartite consultation. The Committee once again requests the Government to take the necessary steps to amend section 515 of the Labour Code in the manner indicated and to provide information on any developments in this respect.

Compulsory arbitration in the private sector. In its previous comments, the Committee noted that both the Constitution and the Labour Code contain provisions on the compulsory referral of collective labour disputes to conciliation and arbitration tribunals, and asked the Government to amend the legislation in order to ensure that compulsory arbitration is only possible in cases where strikes may be limited or even prohibited. The Committee notes with regret the Government’s indication that it has not taken any measures to amend the legislation accordingly. The Committee also notes that the ITUC states that no reform has been adopted in this regard, and that PSI in Ecuador and the FUT claim that there has been no significant progress in the situation. The Committee once again recalls that recourse to compulsory arbitration to end a collective labour dispute and a strike is only acceptable: (i) when the two parties to the dispute agree to such arbitration; or (ii) when the right to strike may be restricted, or even prohibited, namely: (a) in the case of public servants exercising authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national crisis, but only for a limited period of time and to the extent necessary to meet the requirements of the situation (2012 General Survey, para. 153). The Committee therefore once again requests the Government to take the necessary steps to amend the legislation to ensure that compulsory arbitration is only possible in the situations referred to above, and to provide information on progress achieved.

Articles 3 and 6. Right to strike of federations and confederations. In its previous comments, the Committee asked the Government to clarify whether the legislation explicitly recognizes the right to strike of federations and confederations. The Committee notes with regret that the Government indicates that no legislative measures have been taken to this end. It also notes that PSI in Ecuador and the FUT assert that the prohibition on federations and confederations calling a strike persists. The Committee once again recalls in this regard that strikes are often called by federations and confederations, which should therefore be recognized as having the right to strike. Consequently, legislation which denies them this right is not compatible with the Convention (2012 General Survey, para. 122). The Committee once again requests the Government to take the necessary legislative measures to ensure that federations and confederations can fully exercise trade union rights, including the right to strike, and to provide information on any developments in this regard.