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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality and the elimination of violence and harassment, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration), 111 (discrimination in employment and occupation), 156 (workers with family responsibilities) and 190 (violence and harassment) together.

The Committee notes the observations of Public Services International (PSI) and the United Front of Workers (FUT, received on 2 September 2025, and the Government’s reply.

Part I. Conventions Nos 100 and 111

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 2, 3 and 5. National gender equality policy. The Government has provided information on: (1) training measures for women’s entrepreneurship (the “Let’s learn with inclusion and without discrimination” programme, with specialization in entrepreneurship and managerial techniques, and incentives for business plans; and the BanEcuador Financial Education Programme for the development of initiatives and access to financial products); (2) measures in the context of the “Purple Economy” Public Policy to facilitate women’s access to credit in the popular and solidarity economy, production credits and the financing of agro-productive activities through the “Super Rural Woman” programme; and (3) the award of the “Safe enterprise free from violence and discrimination against women label” to 92 enterprises between 2022 and 2025. The Committee also notes that, according to the 2024 National Employment, Underemployment and Unemployment Survey (ENEMDU), the “appropriate employment” rate was 41.4 per cent for men and 28.4 per cent for women. In this regard, the Committee notes that the National Gender Equality Agenda (ANIG) 2021–25 provides, among others, for measures to ensure the access of diverse women to full employment, credit and financial services, means of production, commercial networks, technology and ICTs. The Committee also notes the requirement for all enterprises to register their equality plans with the Ministry of Labour. The Committee welcomes the efforts made by the Government and requests it to continue providing information on the measures adopted to promote gender equality in employment and occupation, including within the framework of the ANIG 2021–25 and the adoption of enterprise equality plans, and on any developments in the employment rates of men and women.

National equality policy. Afro-Ecuadorian, indigenous and Montubio peoples. The Government refers to the ENEMDU 2024, according to which the ethnic group with the highest unemployment rate was Afro-Ecuadorians, followed by the mestizo population (10.2 and 4 per cent, respectively), while the Montubio and indigenous peoples were the groups with the lowest rates of “appropriate employment” (21.2 per cent and 13.9 per cent, respectively). The Committee requests the Government to provide detailed information on any measures envisaged or adopted, including within the framework of equality agendas, to promote the equality in employment and occupation of Afro-Ecuadorian, mestizo, indigenous and Montubio peoples.

HIV/AIDS. The Committee notes the information provided by the Government on the organization by the Ministry of Labour of awareness-raising workshops on the labour rights of groups requiring priority attention and/ or vulnerable groups. The Committee requests the Government to provide detailed information on the inclusion of subjects relating to discrimination on grounds of HIV/AIDS in the awareness-raising measures undertaken.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 3. Objective appraisal of jobs. Minimum wage-fixing machinery. The Committee welcomes the information provided by the Government on minimum wages, and particularly: (1) the plan to include objective appraisals with a gender perspective in future processes for the revision of sectoral minimum wages, taking into consideration the potential concentration of women at certain occupational levels; (2) its willingness to receive ILO technical assistance for the development of analytical methodologies for the classification of jobs from a gender perspective and the strengthening of institutional capacity for the regular evaluation of wages. The Committee notes that PSI and the FUT refer to a lack of clarity of procedures for the objective appraisal of jobs and indicate that, as section 5 of the Basic Act on equal wages for women and men refers to assessment factors, there is no further development of sub-factors or the procedure to be applied. In response, the Government emphasizes that it is planned to establish a sectoral working group on equal wages for women and men and that the objective appraisal of jobs will be carried out on the basis of training and awareness-raising measures on the value of jobs and through the complaints made in this regard. The Committee refers in this respect to the ILO guide “Promoting equity: Gender-neutral job evaluation for equal pay: A step-by-step guide”. The Committee requests the Government to provide information on any measures envisaged or adopted for: (i) the incorporation of the objective evaluation of jobs in the determination of minimum wages, taking into consideration the comments below on the National Labour and Wage Council (CNTS); and (ii) through the sectoral working group, the provision of detailed guidance to employers and workers on the process of the objective evaluation of jobs that is under consideration in line with the legislation that has been adopted.

Conventions Nos 100 and 111 – Application in practice

Article 4 of Convention No. 100. Cooperation with workers’ and employers’ organizations. With reference to the participation of the social partners, the Government refers to the National Labour and Wage Council (CNTS) as a key institutional space for the promotion of the principle of equal remuneration, and that the CNTS will participate formally in the Sectoral Working Group on Equal Wages (established in 2025), to which specialized technical support is being provided to strengthen public policies for the eradication of gender pay discrimination and the development of criteria for the determination of remuneration. The Committee also welcomes the fact that, under Ministerial Decision No. MDT-2025-084, gender parity is taken into account in the nomination and election of members of the CNTS and the social dialogue working groups that it establishes. The Committee refers in this respect to its request to ensure that all the most representative organizations of employers and workers can be members of the CNTS, as indicated in its comment on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee requests the Government to provide information on any support or assistance provided to the Sectoral Working Group on Equal Wages with a view to the application of the Convention.

Enforcement. Conventions Nos 100 and 111. The Government has provided information on: (1) the measures adopted by the Ministry of Labour to inform employers and workers of the rights, duties and prohibitions set out in labour law; (2) training for labour inspectors on equal remuneration and the objective appraisal of jobs with a view to detecting unjustified wage differences in contexts in which men and women are in different jobs, but perform work of equal value; and (3) between 2023 and 2025, 49 complaints were received on labour discrimination in the public sector (31 made by women and 18 by men), of which 48 were shelved. The Committee notes with interest that the Basic Act on equal pay for women and men of 2024 and its Regulations (Ministerial Decision MDT-2025-006) establish various requirements and complaint procedures, compliance with which is ascertained through the delivery of a compliance certificate. The Committee requests the Government to indicate whether, in view of the high number of complaints that have been shelved, it is envisaged to hold consultations with the most representative employers’ and workers’ organizations for the identification of potential challenges and difficulties in making and supporting complaints of discrimination in employment and occupation. The Committee also requests the Government to provide information on the compliance certificates issued under Decision MDT-2025-006. It further requests the Government to provide information on: (i) the number of cases of discrimination in employment and occupation dealt with by the competent authorities, where possible disaggregated by the grounds of discrimination invoked; (ii) the cases relating to wage discrimination or the failure to comply with the requirements set out in the Basic Act of 2024; and (iii) the outcome of the investigations carried out and the penalties applied.

Part II. Convention No. 156

Articles 1 and 3. Definition of dependent child and other family members. The Government has provided information on the categorization by age, filiation and kinship set out in sections 21 to 26 of the Civil Code, as well as elements such as parental responsibility, guardianship and tutorship, shared parental responsibility and the duties of parents in determining the dependent relationship. The Committee also notes that: (1) the Basic Act on the right to humane care (LODCH) of 2023 refers to care responsibilities in relation to “sons and daughters, direct dependants, other members of the direct family composed of various types of families who clearly require care or protection”; (2) the Basic Act on persons with disabilities (LOPD) of 2025 recognizes persons who are “direct substitutes”, “substitutes out of human solidarity” and “carers” according to the degree of family relationship and the level of disability of the person receiving care; and (3) certain measures relating to leave and flexibility set out in the following paras relate to care of the spouse, partner and relatives to the fourth rank of blood relations or the second rank of kinship, particularly in cases of persons with severe disabilities or catastrophic illness. The Committee notes this information, which responds to its previous request.

Article 3. National policy. The Committee notes the information provided by the Government on the measures adopted by the National Gender Equality Council (CNIG) and the Ministry of Labour for the dissemination and capacity-building on the National Agenda for Women and Gender Equality (ANIG) 2014–17 and to raise awareness of labour rights with a gender perspective in the context of the National Well-being Plan 2013–2017. The Government also refers to the adoption of subsequent national agendas, and the Committee notes that the ANIG 2021–25 establishes action lines to guarantee services and promote shared responsibility in the exercise of the right to care, including in the labour context, with objectives set for 2025. In this regard, the Committee notes with interest the various types of progress made at the legislative level: (1) the LODCH recognizes the “right to humane care” in the labour context and provides, among other measures, for the eradication of any type of discrimination against persons working in the public and private sectors who provide care in all its forms; (2) the Technical Standard on gender mainstreaming (2024) includes the reconciliation of personal, family and working life in internal institutional policies; and (3) the LOPD prohibits any discrimination against the family, substitute or carer of a person with disabilities. The Committee requests the Government to provide information on any evaluation of the results of the ANIG 2021–25 and the recently adopted legislation in promoting shared responsibility and preventing discrimination on grounds of family responsibilities, and on the manner in which they have been taken into consideration in the preparation of the ANIG 2025–29, that is currently under preparation.

Articles 4(a) and 7. Access tovocational guidance and training. The Government indicates that the vocational training and guidance measures adopted to enable workers with family responsibilities to be integrated or re-integrated into the labour force include further training programmes, inclusive vocational development centres, personalized vocational guidance services and skills and training workshops. The Government adds that other measures, such as the promotion of teleworking and flexible working, are contributing to helping workers with family responsibilities remain in their jobs. The Committee once again requests the Government to provide statistical data, disaggregated by sex, on the number of workers with family responsibilities who are benefiting from vocational guidance and training measures and programmes.

Article 4(b). Equality of opportunity and treatment in terms and conditions of employment and social security. Leave, flexible working arrangements and social security benefits. The Committee notes the statistical data provided by the Government on the public sector. It notes the recent amendments to the Labour Code (sections 152, 152.1, 152.2 and 155) and the LOSEP (sections 27, 28 and 33) increasing paternity leave to 15 days, adoption leave to 30 days, unpaid leave for childcare to 15 months and the reduction of working hours for breastfeeding mothers from 12 months from confinement to 15 months from the end of maternity leave. The Committee also notes: (1) paid leave of from three to eight days for domestic emergencies and the reduction of working hours for the care of family members with severe disabilities or catastrophic illness, and for the registration of children in education establishments (LOSEP, sections 27 and 33); (2) the protection of remuneration in the event of unjustified fault at work caused by a domestic emergency or force majeure (Labour Code, section 54); (3) support for the labour market integration of carers, and the right of substitute persons or carers to leave for two hours a day for the care of persons with disabilities (LOPD, sections 10, 11 and 58); and (4) various measures relating to shared responsibility for the financial transfer of State vouchers and financial assistance. The Committee notes that: (1) PSI and the FUT indicate that nursing leave is only provided for the mother (without the father being able to benefit from it in the event of the decease of the mother); (2) the trade unions and the Government’s reply refer to the provision of nursing rooms and child care services in the public and private sectors (sections 26 and 27 of the LODCH, MDT-2023-085 and MSP-2024-002). The Committee requests the Government to indicate whether: (i) in its new wording, section 152.2 of the Labour Code continues to provide that adoption leave is paid; and (ii) it is envisaged in future to amend the legislation to harmonize the leave and guarantees provided for in the public and private sectors in relation to sections 27 and 33 of the LOSEP and section 54 of the Labour Code and to continue promoting the sharing of family responsibilities. The Committee once again requests the Government to provide information on the number of men and women workers who avail themselves of the various types of leave and who have access to nursing facilities and childcare at the workplace.

Article 5. Services and facilities for the care of children and other family members. The Government has provided information on the number of beneficiaries of the services provided by Comprehensive Child Development Centres (CDIs) (care for children aged from one to three years) and the Growing with our Children Family Care Service (CNH) (family advisory services and care for children up to the age of three and for pregnant women). The Committee also notes that, according to the 2022 data on the provision of care services contained in the ANIG 2021–25: (1) there were 53.1 per cent of women users and 46.9 per cent of men users; (2) a high percentage of the population in categories requiring priority care do not have access to these services, and it is essential to extend their coverage within the framework of a comprehensive system based on the shared responsibility of the State, private enterprises and society in general; and (3) women are those who principally taken on the work of caring and sustaining life. The Committee notes in this regard that the LODCH (7th Title) and the ANIC 2021–25 (action line 1.1) envisage the establishment of an Integrated National Care System. The Committee welcomes the efforts made by the Government and requests it to continue providing information on the measures adopted to provide and expand the coverage of services for the provision of child care and for other persons in need of care, including within the framework of the Integrated National Care System. It also requests the Government to indicate whether it is planned to carry out a study on the impact of the services provided on the labour market integration of women and men with family responsibilities.

Article 6. Public understanding of the principle. The Government indicates that: (1) according to the Use of Time Survey (2012), the gap in unpaid work between women and men was over 20 hours a week; (2) the Ministry of Labour has organized workshops on labour rights from a gender equality perspective, with emphasis on priority needs groups and/or vulnerable groups; (3) the CNIG and CONADIS have carried out various technical assistance, training and research activities and the publication of materials; and (4) efforts are being made through care-givers committees (CPRCs) to raise awareness and empower carers and the families of persons with disabilities. The Committee also notes that the LODCH provides for measures for the promotion of the right to care (section 35). The Committee requests the Government to continue providing information on the measures adopted or envisaged to provide information and raise awareness of the principle of equality for men and women workers with family responsibilities.

Article 8. Termination of employment. The Government has clarified that the protection against discrimination related to productive roles also covers men. It refers in this regard to various legislative provisions, including: (1) section 152.1 of the Labour Code, under which a mother or father who avail themselves of paid or unpaid leave for child care cannot be dismissed on these grounds; and (2) the LODCH (sections 12 and 14) and the LOPD (section 58) refer to the prohibition of dismissal and reinforced employment protection. The Government indicates that in 2024 and 2025 six comprehensive inspections were carried out to verify the legislation on the protection of pregnant women, without identifying instances of non-compliance. The Committee requests the Government to continue providing information on any cases or investigations relating to the dismissal of workers for reasons of family responsibilities that have been dealt with by the competent authorities.

Articles 9 and 11. Participation of employers’ and workers’ organizations in the application of the Convention. The Government indicates that the participation of employers’ and workers’ organizations is ensured through prior consultation and social dialogue, technical commissions and specialized working groups, collective bargaining and the participation of these organizations in monitoring and evaluation mechanisms. It also refers to the inclusion of criteria relating to the reconciliation of work and family life and the award of the “Safe Enterprise Label” to enterprises which apply for it. The Committee notes that PSI and the FUT emphasize a lack of collective bargaining on the matters covered by the Convention, although they refer to the participation of trade unions in the formulation of the Basic Act to revise the Labour Code to dignify work at home, of 2025, which establishes guarantees for care of the children of homeworkers and will be supervised by the CNTS. The Committee requests the Government to provide information on any consultation, awareness-raising or negotiation measures adopted to ensure the participation of employers’ and workers’ organizations in the application of the Convention.

Application in practice. The Government has provided information on the activities carried out by various national equality councils for the implementation of equality and non-discrimination policies. It indicates in particular that the CONADIS participates in inspections with the Ministry of Labour to monitor the conditions of work of “substitute” persons covered by the LOPD. The Government also provides information on the case law on the rights of pregnant and nursing women under the LOSEP (ruling of the Constitutional Court No. 3-19-JP/20 and supplementary rulings) and the fact that entitlement to maternity leave is not cancelled by the death of the child (ruling of the Constitutional Court No. 878-20-JP/24). The Committee notes that PSI and the FUT place emphasis on the absence of application in practice of the use of leave and the shortage of care services. The Committee requests the Government to provide information on any cases of non-compliance with the relevant requirements for the application of the Convention identified by the labour inspection services or the competent authorities, and the penalties applied in such cases.

Part III. Convention No. 190

General. Legal framework. The Committee takes note below of the various recent legislative texts on violence and harassment at work, including Ministerial Decisions Nos MDT-2025-102 (Standard for prevention and response in any case of discrimination, violence and harassment at work in the private sector) and MDT-2025-093 (Standard for the prevention, protection and punishment of serious disciplinary breaches relating to discrimination, violence and harassment at work, and sexual harassment at work, in the public sector) which repeal Decisions Nos MDT-2017-0082 and MDT-2020-244.

Articles 1, 4(2) and 7. Definition and prohibition of violence and harassment in the world of work. The Government indicates that in 2024 amendments were adopted to the Labour Code (sections 46.1 and 44) and the LOSEP (sections 23, 24, a new section following section 24 and 48) to define and prohibit “violence and harassment” in a single concept, including any type of unacceptable behaviours and practices, whether a single occurrence or repeated, that result in physical, psychological, sexual, economic, political, symbolic or digital harm, including gender-based violence and harassment or for reasons of discrimination. It also includes, as acts of violence, failure to disconnect digitally, failure to comply with hours of rest, leave, holidays, the violation of the privacy of personal and family intimacy, and changes in work assignment without the explicit and written authorization of the workers with a reduction of pay. The Committee requests the Government to: (i) indicate whether the prohibition of “violence and harassment” also applies to the worker under section 46 of the Labour Code, of which the current wording appears to refer solely to harassment in subsection (j); and (ii) provide examples, where available, of cases in which conduct has been found to amount to “violence and harassment”, in accordance with the definitions referred to above.

Articles 2 and 3. Scope of application. The Committee welcomes: (1) the adoption in 2024 of the Basic Act for voluntary action, which recognizes the right of volunteers to carry out their activities under conditions of safety, health and free from sexual and psychological violence (section 7(i)); and (2) the indication in section 46.1 of the Labour Code and the new section following section 24 of the LOSEP, as amended in 2024, that workers, public officials and other persons in the world of work shall benefit from protection against violence and harassment, irrespective of their contractual situation in both the formal and informal economy, including persons undergoing training, interns, apprentices, dismissed workers, volunteers, persons seeking employment, job applicants and subcontracted workers, and the reference to violence and harassment through technological means. The Committee notes this information, which responds to its previous request.

Article 4(2). Inclusive, integrated and gender-responsive approach. The Committee notes the Government’s indication that action has started to be taken for the incorporation of the provisions of the Convention on accessible formats and that, in this respect, the Ecuadorian Vocational Training Service (SECAP) is implementing an inclusive approach that includes an intersectional analysis of cases of harassment and discrimination at work. PSI and the FUT also refer to the participation of trade unions in the formulation of certain legislative texts, but indicate that there continues to be a lack of institutionalized consultation and tripartite social dialogue machinery in this regard. The Committee requests the Government to continue providing information on any other measures that are adopted for the application of the provisions of the Convention on accessible formats and to indicate any measures adopted for the consultation of employers’ and workers’ organizations on the approach adopted to the implementation of the Convention.

Article 8. Appropriate prevention measures. The Committee notes the various indications provided by the Government, and particularly that the Ecuadorian Vocational Training Service (SECAP): (1) has trained its technical and administrative personnel on the identification of manifestations of violence and harassment that particularly affect workers in the informal economy, persons affected by mobility, women who are poor and are engaged in unpaid work, as well as persons who work on line, on digital platforms, telework and domestic work; (2) is coordinating with other institutions to give attention to cases; (3) has protocols through which complaints can be made by users and external users related to training processes; and (4) includes in its training the prevention and response to the risks of violence and harassment on digital platforms, teleworking and work on line. The Government adds that the labour inspection services can receive and deal with complaints by workers in the informal economy and that, within the framework of their general procedures, inspectors ascertain compliance with the rights of domestic workers and workers in other priority sectors. The Committee requests the Government to continue providing information on the measures that are being adopted, outside the context of training, to prevent and provide effective protection against violence and harassment in sectors, occupations and work arrangements that may be more exposed, including any specific action carried out by the labour inspection services.

Article 9. Employers’ responsibilities. The Committee notes the amendment of various legislative provisions, and particularly: (1) the requirements established in the public and private sectors, depending on the number of workers, for the application of guidance for the prevention and eradication of violence and harassment issued by the Ministry of Labour or the adoption of an internal protocol for the prevention and eradication of discrimination, violence and harassment at work (employers with ten or more workers) and a programme for the prevention of psychosocial hazards (section 42 of the Labour Code, MDT-2025-102 and MDT-2025-093); (2) the requirement for labour inspectors to consider violence and harassment among psychosocial risk factors when evaluating workplace hazards (section 545 of the Labour Code) and for public employers to take into account violence and harassment for the identification of occupational risks (section 23 of the LOSEP); (3) training in tripartite consultation and the right of workers to be provided with training on the prevention of violence and harassment (section 23 of the LOSEP) and the requirement for employers to undertake training processes on the subjects of gender equality, including the eradication of violence at work (section 46.1 of the Labour Code, MDT-2025-006 and MDT-2025-102). The Committee notes that PSI and the FUT indicate that trade unions have a very slender role in the design and implementation of workplace policies, and that there are no provisions on the inclusion of violence and harassment by occupational safety and health bodies. The Committee requests the Government to indicate: (i) the manner in which the participation of workers and their representatives is ensured in the formulation and adoption of protocols and rules on violence and harassment in the world of work; (ii) the measures adopted or envisaged for the publication by the Ministry of Labour of the guidance envisaged for employers with fewer than 10 workers by Decision MDT-2025-102; and (iii) whether it is envisaged to adopt legislative measures to require violence and harassment to be taken into account in the management of occupational safety and health and to provide detailed guidance on the identification of risks.

Article 10(a) and (h). Monitoring and enforcement. The Committee notes the information provided by the Government on: (1) the effect given to the provisions on the suspension of work and the closure of workplaces envisaged in section 436 of the Labour Code, in accordance with section 28 of Ministerial Decision No. MDT-2024-196 of the Ministry of Labour; (2) the adoption of Occupational Safety and Health (OSH) Regulations by Executive Decree No. 255 of 2024, section 9 of which empowers the authority responsible for labour to issue orders for the immediate suspension of work. The Committee also notes that, according to the Government’s indications, complaints of violence and harassment in the private sector are dealt with through focused inspections. The Committee requests the Government to provide information on the number of cases of violence and harassment in the world of work that come to the notice of the labour inspection services and other competent authorities, as well as the penalties applied and compensation awarded.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes that: (1) Ministerial Decisions Nos MDT-2025-102 and MDT-2025-093 establish complaint procedures for violence and harassment in the public and private sectors; (2) in these Decisions, as well as in the Labour Code and the LOSEP, as amended in 2024, the adoption of protection measures against reprisals and victimization is envisaged for complainants, victims, witnesses and informers. PSI and the FUT emphasize that in the public sector internal complaint procedures increase the risk of discretionary measures and reprisals in the case of complaints of violence and harassment. The Committee requests the Government to provide information on the application in practice of the protection measures that have been adopted in accordance with the Labour Code and the LOSEP (for example, by providing information, where available, on specific cases in which these measures have been applied). It also requests the Government to provide information on the reasons given for setting aside complaints in the public sector.

Article 10(f). Domestic violence. The Government indicates that the measures envisaged in sections 24 of the Labour Code and 33 of the LOSEP cover all “workers” in accordance with the constitutional principle of equality and that provisions were added in 2024 on paid and unpaid leave for workers recognized as parties to criminal procedures relating to feminicide and other gender-related violent deaths in order to fulfil administrative or judicial procedures. The Committee requests the Government to provide information, where available, on the number of women and men who have availed themselves of the right to leave in relation to domestic violence.

Article 10(g). Right of workers to remove themselves from work situations and the duty to inform management. The Committee once again requests the Government to indicate whether, in the event that they remove themselves from a work situation due to risks of violence and harassment, the workers concerned have the duty to inform management.

Article 11(a). Addressing violence and harassment in relevant policies. The Committee notes the information provided on the measures envisaged in the National Agendas 2021–25. The Committee requests the Government to provide information on any evaluation that is carried out of the measures adopted and results achieved in relation to the prevention and elimination of violence and harassment in the world of work through the various National Agendas and the consideration given to them in the preparation of future policies.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee welcomes the detailed information provided by the Government on the training carried out by various ministries on the gender perspective, occupational safety and health and the prevention of psychosocial risks and harassment at work, the prevention of violence against women, protocols for action and channels for action by enterprises, teachers, the personnel of decentralized government authorities and military and police personnel. Information is also provided on the means of facilitating access to training, the creation of the course on basic knowledge to prevent and eradicate violence against women for officials in public institutions and the emergency services, and the continuation of certification under the “Enterprise that is safe, free from discrimination against women label” in 2024 and 2025. The Committee notes this information, which responds to its previous request.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of Public Services International (PSI) in Ecuador and the United Front of Workers (FUT), received on 2 September 2025, and the Government’s reply.

Convention No. 111 – National policy for the promotion of equality of opportunity and treatment in employment and occupation

Article 1, 2 and 3 (b). Prohibited grounds of discrimination. Legislation. The Committee notes the Government’s indication, in its report, that the constitutional framework guarantees non-discrimination, and that various labour laws have been adopted in this regard, including the “Basic Act Amending Various Laws in respect of Age Discrimination in the Labour System of 2025”. In this regard, the Committee notes that the Labour Code and the Basic Public Service Act address discrimination in various aspects of employment and occupation in several provisions, which explicitly recognize various grounds of discrimination, although none of them appear to be exhaustive or to exclude other possible grounds of discrimination. The Committee also notes that Ministerial Decisions Nos MDT-2025-102 (private sector) and MDT-2025-093 (public sector) prohibit discrimination on the grounds set out in Article 11.2 of the Constitution in all aspects of employment and occupation, covering: (1) explicitly discrimination on grounds of sex, religion, political affiliation and ideology (which would include political opinion) and physical differences (which would include colour); and (2) other grounds, such as ethnic origin, place of birth, age, gender identity, cultural identity, marital status, language, criminal record, socio-economic situation, migratory status, sexual orientation, state of health, HIV infection and disability, as well as any other distinction. The Committee requests the Government to provide information on the application in practice of the various legislative provisions, and in particular to indicate whether: (i) the term “socio-economic situation” covers discrimination on grounds of “social origin”; and (ii) and the terms “place of birth” and “migratory status” cover discrimination on grounds of “national extraction”.

Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s indication that: (1) the General Regulations of the “Basic Act to Promote the Purple Economy”, adopted in 2023, define sexual harassment as “any act, whether occasional or repeated, which is intended to, or may affect the sexual integrity of a worker, public official, or any other person related to the world of work”, and recognize that it can occur during working hours or be related to work, by physical or digital means, and be vertically ascending or descending, or horizontal (the definition is also reproduced in the “Model internal protocol for the prevention and eradication of discrimination, violence and harassment at work”, published by the Ministry of Labour); and (2) section 12 of the “Comprehensive Basic Act to Prevent and Eradicate Violence Against Women” includes among the forms of violence at work against women making recruitment or retention at work conditional on favours of a sexual nature. The Committee requests the Government to provide information on the application in practice of the “Basic Act to Promote the Purple Economy”, and particularly on whether it clearly covers quid pro quo – i.e. blackmail and hostile work environment sexual harassment committed against men and women.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Definition of “work of equal value”. The Committee notes with interest the Government’s indication concerning the adoption of the “Basic Act on Equal Wages for Women and Men” in 2024, which sets out the principle of equal remuneration for men and women for the performance of the same work or work of equal value in the public and private sectors (section 1). The Committee notes that, in accordance with the Act, work is considered to be of “equal value” “where the nature of the functions or tasks assigned, the occupational conditions or training required for its performance, factors strictly related to its performance and the working conditions in which such activities are carried out are equivalent” and that, to determine the “value”, the criteria of skills and qualifications, working conditions, effort and responsibility shall be taken into consideration (section 3). The Committee also notes that section 79 of the Labour Code, as amended in 2023, contains similar provisions. The Committee refers in this respect to the ILO publication “Equal pay: An introductory guide”. The Committee welcomes the legislative progress made by the Government and requests it to confirm that section 3 of the “Basic Act on Equal Wages for Women and Men” provides for the comparison of jobs that are of a completely different nature. It requests the Government to provide information on any promotional and awareness-raising measures that have been taken on the content of the Basic Act.

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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the Government’s very detailed first report. It wishes to recall that the Convention has a broad scope of application and aims to protect all persons referred to in its Article 2, and not only women, against violence and harassment in the world of work.

The Committee welcomes all the measures taken in the country, which demonstrate a commitment to eliminating violence and harassment in the world of work. In particular, it welcomes the following measures taken to implement the Convention: (1) the existence of legislative provisions requiring employers to adopt measures to prevent diverse forms of violence and harassment (Ministerial Agreement No. 2020-244, Labour Code and Organic Law to Promote the Violet Economy) (Article 9 of the Convention); (2) the measures to take into account violence and harassment in the management of occupational safety and health, including through the Psychosocial Risk Prevention Programmes and the Occupational Risk Prevention Plans required by law (Articles 9(b) and (c) of the Convention); (3) the provision of various mechanisms for remedies (such as compensation, recovery of employment or public apologies) and sanctions (Articles 10(b) and (d) of the Convention); and (4) the provision of privacy and confidentiality mechanisms in legislation and protocols for action (Article 10(c) of the Convention).

The Committee notes the observations provided by Public Services International (PSI) Ecuador, the United Front of Workers (FUT) and the Federation of Petroleum Workers of Ecuador (FETRAPEC), received by the Office on 31 August 2023. The Committee asks the Government to provide its comments in this respect.

General. Legal framework. The Committee takes note of: (1) the wide range of laws, regulations, directives, ministerial agreements and policies to which the Government refers to in its report and that cover various forms of violence and harassment in the world of work; (2) the binding of the State by a number of international treaties covering some aspects of the Convention, such as the Convention on the Prevention, Eradication and Punishment of Violence against Women (Convention of Belem do Para), which allows for a higher threshold of protection due to the application of the pro persona principle; (3) the Government's indication that the necessary reforms to apply the Convention are under consideration, including a number of legislative amendment initiatives that are under way. The Committee observes in particular that the Protocol for the Prevention and Resolution of Cases of Discrimination, Harassment at Work and/or Any Form of Violence against Women in Workplaces, established by Ministerial Agreement No. MDT-2020-244 (hereinafter the Prevention and Resolution Protocol), is relevant for the implementation of various Articles of the Convention, and according to the Government, it applies to both men and women despite the wording of its title. To ensure legal certainty and effective protection against violence and harassment, the Committee requests the Government to provide information on any measures envisaged to amend Ministerial Agreement No. MDT-2020-244 and the Prevention and Resolution Protocol as appropriate to clarify that both the Agreement and the Protocol are, as the Government indicates, applicable to both men and women. The Committee also requests the Government to provide information on the progress made on the various legislative processes under way, and it hopes that this will allow, as far as possible, the full alignment of legislation with the provisions of the Conventions.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee observes that a number of legal provisions refer to various behaviours and practices that could cover forms of violence and harassment in the world of work, although none of them covers the full range of forms covered by the Convention. The Government refers to section 46 of the Labour Code and to section 24 of the Basic Act on the Public Service (LOSEP), which define “harassment at work” as “any behaviour that threatens the dignity of a person, which is repeated and potentially injurious, committed in the workplace or at any time against one of the parties to the employment relationship or between workers, and which results in the person concerned being harmed, mistreated, humiliated, or which threatens or harms his or her employment status”. Furthermore, certain behaviours that could amount to violence and harassment in the world of work are prohibited under the Standard for the Eradication of Labour Discrimination (Ministerial Agreement No. MDT-2017-0082), such as intimidation, harassment, physical and/or verbal aggression, and defined in the Basic Comprehensive Penal Code, such as the offences of theft, harassment, acts of hatred and discrimination. The Committee also notes with interest that a number of legislative provisions referred to by the Government address forms of violence and harassment related to prohibited grounds of discrimination: (1) With reference to section 11(2) of the Constitution, the Labour Code and the LOSEP cover harassment at work based on several prohibited grounds of discrimination; (2) the Standard for the Eradication of Labour Discrimination in the Workplace covers acts committed on the basis of “gender identity, sexual orientation, age, disability, living with HIV/AIDS, ethnicity, having or developing a catastrophic illness, language, religion, nationality, place of birth, ideology, political opinion, migratory status, marital status, judicial background, aesthetic stereotypes, pregnancy and breastfeeding” (sections 2 and 6); and (3) the Basic Act on the Right to Human Care includes measures to prevent and eliminate harassment and violence against public and private sector workers exercising the right to care (sections 1 and 36).

The Committee notes that, in their observations, PSI Ecuador, the FUT and the FETRAPEC indicate that national legislation and practice disregard violence at work and exclude behaviours that are not repeated but that constitute harassment at work. The Committee requests the Government to clarify, with respect to the definition of "harassment at work" contained in the Labour Code and the LOSEP whether the expression "harmed, mistreated, humiliated, or which threatens or harms his or her employment status" includes physical, psychological, sexual or economic harm in accordance with Article 1(1)(a) of the Convention. The Committee also requests the Government to indicate whether the various provisions mentioned above would cover acts of harassment which, as a single occurrence, aim at, result in, or are likely to result in harm.

Definition and prohibition of gender-based violence and harassment in the world of work. The Committee notes the Government’s indication that: (1) the Comprehensive Basic Act to Prevent and Eradicate Violence against Women (LOIPEVM) defines “gender-based violence against women” in various forms, such as “physical”, “psychological” (including harassment), “sexual” (including sexual harassment), “economic and property-related” and “symbolic” violence; (2) with reference to section 11(2) of the Constitution, the concept of “harassment at work” provided for in the Labour Code and the LOSEP includes harassment on the basis of sex, gender identity and sexual orientation against all persons; (3) the Basic Comprehensive Penal Code criminalizes “sexual harassment” and “offences involving violence against women” (sections 166 and 159); and (4) the standardized format of the Workplace Regulations, applicable to employers with more than 10 workers, defines sexual harassment (section 51). The Committee also observes that the Standard for the Eradication of Labour Discrimination in the Workplace covers acts committed against all persons on the basis of gender identity, sexual orientation, pregnancy and breastfeeding.

The Committee observes that these provisions define a number of the forms of gender-based violence and harassment covered by Article 1(1)(b) of the Convention. In this respect, the Committee notes that the definition of “sexual harassment” contained in the Basic Comprehensive Penal Code only covers the "solicitation of acts of sexual nature" by a person who "takes advantage of his or her position of authority at work", and that the definition provided in the standard Workplace Regulations, while broader, is only applicable to employers with more than 10 workers. The Committee recalls that sexual harassment includes both sexual harassment that assimilates to blackmail (“quid pro quo”) and sexual harassment arising from a hostile work environment, and that it is necessary to cover sexual harassment that is perpetrated by a person in a position of authority, a colleague, a subordinate or by a person with whom workers have contact as part of their job (a client, supplier, etc). The Committee also recalls that penal law provisions are not entirely appropriate for this issue as, inter alia, they do not always provide for remedies for victims and are unlikely to address all behaviours constituting sexual harassment (see CEACR General Survey of 2023 on achieving gender equality at work, paragraphs 112–117). The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) in this regard.

Articles 2 and 3. Scope. The Government refers to several provisions with different scopes, indicating that all persons referred to in Article 2 of the Convention are protected. The Government indicates, inter alia, that: (1) dismissed persons, self-employed workers, volunteers and persons working in the informal economy are covered by legislation of a general scope, such as the LOIPEVM for violence against women, and civil and penal liability regulations; (2) a reform of the LOSEP is under consideration to establish a complaint mechanism accessible to dismissed public servants; and (3) a draft bill on social action and volunteering is being prepared, whose section 4(d) includes the right of volunteers to be treated equally and without discrimination, respecting their freedom, dignity, privacy and beliefs. The Committee requests the Government to provide information on (i) whether the LOSEP reforms are intended to cover all dismissed public servants, and (ii) any progress made in the adoption of draft bills and legislative reforms that are under way.

Article 4(2). Inclusive, integrated and gender-responsive approach. The Committee notes the information provided by the Government and welcomes the efforts made for the prevention and elimination of violence and harassment in the world of work. The Committee observes that: (1) a number of procedural law provisions provide for access to translation and interpretation where necessary; and (2) the LOIPEVM provides for the right of women to receive information accessible in their language and for language accommodation in case of disability (section 9(4) and (5)). The Committee also notes that PSI Ecuador, the FUT and the FETRAPEC indicate that there is a lack of consultation with workers’ organizations on measures relating to the application of the Convention, and that the draft bills include provisions for such consultation in the public sector only. The Committee requests the Government to indicate whether further measures are envisaged to ensure that the tools, guidance and activities undertaken in respect of other forms of violence and harassment in the world of work are provided in accessible formats as appropriate.The Committee also requests the Government to provide information on consultations with employers’ and workers’ organizations that have taken place or are envisaged regarding the application of the Convention.

Articles 5 and 6. Fundamental principles and rights at work. The Committee notes the observations of PSI Ecuador, the FUT and the FETRAPEC, in which they express their concern about cases of labour, economic and sexual exploitation of children and adolescents, and cases of serfdom and forced labour. The Committee notes the relevance of this information to the Forced Labour Convention, 1930 (No. 29) and the Worst Forms of Child Labour Convention, 1999 (No. 182) and will examine it more specifically within those frameworks. The Committee also notes the indications provided by the Government on the legislative and policy measures taken to promote equality and non-discrimination in employment and occupation, and refers in this respect to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 8. Appropriate prevention measures. The Committee notes the Government’s reference to the wide range of steps taken to prevent violence and harassment in the world of work, through legislative measures, occupational safety and health measures, equality and violence prevention policies, and awareness-raising and training. With regard to the informal economy, the Government indicates that: (1) strategies are being implemented to disseminate the regulations governing the exercise of economic activities in public spaces; (2) steps are being taken to promote the regularization of informal economy traders; and (3) disciplinary sanctions for the infringement of the rights of self-employed workers and retailers act as a deterrent to violence on the part of public servants responsible for control. The Government also recognizes that domestic work is one of the sectors most affected by violence and harassment, and indicates that information (“support pathways”) and awareness-raising efforts (the My Rights Your Rights campaign) have been made to ensure that domestic workers know their rights and the steps to take in case of violence and other infringements of their rights. The Committee notes this information concerning domestic work and refers, in this respect, to its comments on the application of the Domestic Workers Convention, 2011 (No. 189). The Committee also notes that PSI Ecuador, the FUT and the FETRAPEC note, in their observations, difficulties in identifying groups, sectors, conditions and work arrangements more exposed to violence and harassment, such as online work, semi-face-to-face work and platform work. The Committee requests the Government to provide information on: (1) any measures aimed at raising the awareness of and training public servants to identify, prevent and deal with cases of violence and harassment against workers in the informal economy; and (2) the protection measures or mechanisms available to workers in the informal economy in cases of violence and harassment in the world of work. The Committee also requests the Government to provide information on the measures taken to identify, apart from domestic work, other sectors, occupations and work arrangements that may be more exposed to violence and harassment.

Article 9(a). Workplace policy. The Government reports that: (1) every employer is required to adopt the Protocol for the Prevention and Resolution of Cases of Discrimination, Harassment at Work and/or Any Form of Violence against Women in Workplaces (Ministerial Agreement No. 2020-244) according to the guidelines of the Ministry of Labour, which includes initiatives for the prevention and handling of cases depending on the size of the enterprise; (2) every employer with more than 10 workers is required to adopt workplace regulations that must be approved by the competent authority, may be amended or revised at the request of a percentage of workers, and must follow a standardized format that includes a chapter on harassment and discrimination. The Committee requests the Government to provide information on the manner in which it is ensured that workers and their representatives participate in the elaboration and adoption of protocols and regulations regarding violence and harassment.

Article 9(d). Information and training. The Committee welcomes the fact that a number of legislative provisions establish the employer’s duty to provide information and training on the psychosocial risks identified and the measures taken for their prevention, as well as on the various measures, regulations and protocols adopted to prevent and deal with cases of violence and harassment. The Government further indicates that the monitoring and fulfilment of these initiatives is carried out through the Single Labour System and the various control inspections, and provides statistics on fulfilment in this regard. The Committee requests the Government to continue to provide information on employers' fulfilment of the information and training requirements.

Article 10(a) and (h). Monitoring and enforcement The Committee notes the information provided by the Government on the various institutions and authorities that are competent to monitor and verify the application of laws and regulations on violence and harassment in the world of work, to hear cases and complaints of infringement, and to monitor and evaluate the implementation of policies. The Government describes, in particular, the types of investigative activities that may be carried out by the labour inspectorate, and notes that the stoppage of work or closure of workplaces falls under the competence of the Ministry of Labour and Employment (section 436 of the Labour Code). The Government emphasizes that the reforms needed to bring secondary legislation into line with the provisions of the Convention are under consideration. The Committee recalls that, in its latest comments under Convention No. 81, it requested the Government to take measures to ensure that labour inspectors are empowered to take steps to eliminate threats to the health and safety of workers. The Committee requests the Government to provide information on: (i) the competence of the labour inspectorate to issue orders requiring measures with immediate executory force in cases of violence and harassment in the world of work; and (ii) the procedure followed for the application of section 436 of the Labour Code in practice. The Committee requests the Government to continue providing information on the number of cases of violence and harassment in the world of work brought to the attention of the labour inspectorate and other competent authorities, as well as on the sanctions imposed and remedies granted.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes the extensive information provided by the Government on the range of mechanisms and procedures available for cases of violence and harassment in the world of work, including: (1) procedures internal and external to the workplace for lodging complaints and investigate cases of violence and harassment or initiating, on the basis of such facts, termination of an employment contract or sanction process; (2) possible recourse to courts and tribunals; (3) provisions to prevent retaliation against victims, complainants and respondents; and (4) the availability of legal, health and language assistance services, among others. The Committee notes from the statistical information provided by the Government that between 2021 and 2023, 828 complaints of harassment at work and discrimination in the private sector and 992 complaints in the public sector were filed with the Ministry of Labour (with one sanction involving a suspension in 2021 and two sanctions involving dismissal in 2022 in the public sector). The Government indicates that the grounds for dismissal of complaints in the public sector include, among others, the failure of any of the parties to attend the hearings, the lack of delegation by the requesting authority, or the late submission of documentation for the resolution of the procedure.

The Committee notes the indication of PSI Ecuador, the FUT and the FETRAPEC that: (1) the existence of several related but separate definitions of behaviours involving violence and harassment complicates the reporting, handling and resolution of cases, creating legal uncertainty for both the authorities responsible for their handling and the victims; and (2) in the private sector, a conciliation phase is established in the “clearance” procedure, which forces the victim to mediate with and face the aggressor after having already been questioned twice as part of the internal investigative procedures. The Commission recalls that Article 25 of the American Convention on Human Rights enshrines the right to a simple and prompt recourse for the protection of human rights. Noting the wide range of existing procedures for different cases of violence and harassment, the Committee requests the Government to inform on: (i) whether it has foreseen simplifying the procedures, so that all persons affected by violence and harassment in the world of work have access to an easy and fast recourse to defend their right to a world of work free from violence and harassment in line with the Convention, and (ii) the measures taken to provide clear and accessible information to employers and workers on the various reporting and dispute resolution claims and mechanisms available. The Committee also requests the Government to indicate whether provisions are in place to protect witnesses and whistle-blowers against retaliation, and to prevent victimization during investigative processes. Noting the statistics provided, the Committee requests the Government to: (i) provide detailed information on the application of the grounds for dismissal of complaints in the public sector, and on the measures taken to avoid situations of defencelessness; and (ii) continue to provide statistics on the number of complaints disaggregated, if possible, by sector, type of behaviour, and sex of the victim.

The Committee also notes with interest the Government’s indication that: (1) there are judges specialized in violence against women, prosecutors with gender expertise, as well as a number of protocols and technical standards on the handling of cases of gender-based violence for expert interpreters, translators and for security and health service personnel; (2) the LOIPEVM establishes administrative protection measures for cases of violence against women; and (3) the "clearance procedure" for harassment cases ("procedimiento de visto bueno" in Spanish, which is intended to determine whether an offence has been committed and may lead to the termination of the employment relationship) provides that, where a worker presents well-founded indications that he or she has suffered harassment at work, the employer is required to provide justification for the measures taken and their proportionality. The Committee notes the indication of PSI Ecuador, the FUT and the FETRAPEC that the standard of proof in the procedure established under the Standard for the Eradication of Labour Discrimination in the Workplace tends to disadvantage victims, as certain behaviours are rarely documented, such as comments on physical appearance during employment interviews. The Committee requests the Government to continue to provide information on the measures taken or envisaged to address cases of gender-based violence and harassment in the world of work directed against all persons.

Article 10(f). Domestic violence. The Government indicates that provision is made in legislation for female workers who are victims of domestic violence to be granted the necessary time to follow the judicial administrative measures established by the competent authority, without affecting their remuneration and leave (section 42 of the Labour Code and section 33 of the LOSEP). The LOIPEVM also provides for the right of women victims of violence not to be dismissed or subject to labour sanctions for absence from work due to their status as victims (section 9.22). The Government indicates that awareness-raising on domestic violence is being carried out and that this is expected to have an impact on the prevention of domestic violence. The Committee welcomes the measures taken, and requests the Government to provide information on their applicability to cases of domestic violence against all persons.

Article 10(g). Right to remove oneself from a work situation and the duty to inform management. The Government refers to the Andean Occupational Safety and Health Instrument, section 21 of which recognizes the right of workers to stop work when they have reasonable justification to believe that there is imminent danger to their safety or to the safety of other workers, without suffering any prejudice. The Government indicates that, together with other occupational safety and health agencies, a reform of the Regulations on occupational safety and health is under consideration. The Committee further observes that section 13 of the Regulations on occupational safety and health (Executive Decree No. 2393) establishes the requirement for a worker to “inform the employer of any breakdowns and hazards that could lead to occupational accidents”. The Committee requests the Government to indicate whether, in the event of removing him or herself from a work situation due to risks of violence and harassment, the worker concerned has a duty to inform the management.

Article 11(a). Addressing violence and harassment in relevant policies. The Committee notes the Government’s indication that: (1) violence and harassment are addressed through the prevention and elimination of psychosocial risks in the framework of occupational safety and health; (2) the 2020–30 National Plan to Prevent and Eradicate Violence against Women includes measures on sexual harassment, harassment at work and violence against women in the workplace; (3) The policy, “Purple Economy: for economic rights and a life free from violence for women”, promotes a life free from violence for women; (4) the 2021–25 National Agendas for Gender Equality, for Disability Equality, for Equality of Human Mobility, for Intergenerational Equality and for Equality for Indigenous Peoples include lines of action for a life free from violence; and (5) there is a 2019–30 Plan of Action against Trafficking in Persons in Ecuador. The Government also notes that foreign nationals have the same rights and duties as nationals. The Committee requests the Government to provide information on the measures taken under the various 2021–25 National Agendas for Equality that are specifically aimed at addressing violence and harassment in the world of work.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Government indicates, inter alia, that: (1) the Guide to Employment of Human Talent in Ecuador gives employers guidance on selection processes, including on discrimination, violence and harassment; (2) the training programme, Safe Institutions Free from Violence against Women, was conducted in 74 public sector entities, and the equivalent programme for the private sector is under preparation; (3) 26 enterprises in the private sector were certified in 2022 with the Safe Enterprise Free from Violence against Women seal; (4) a pilot plan to raise awareness of the Prevention and Resolution Protocol was carried out in public institutions receiving a high number of complaints, resulting in a subsequent decrease in the number of cases; (5) various training sessions were held for labour inspectors on discriminatory behaviour and on the protection of workers in contexts of human mobility; (6) guidelines have been drawn up on granting administrative protection measures under the LOIPEVM; (7) workshops on harassment at work and gender equality were held for various groups, along with a number of campaigns on discrimination and violence against women. The Committee requests the Government to continue to provide information on the guidelines, training tools and awareness-raising campaigns undertaken on violence and harassment in the world of work, including information on the level of participation of men and women in such initiatives.

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

Articles 2, 3 and 5 of the Convention. National gender equality policy. The Committee notes the Government’s indication in its report that, with a view to promoting equality of employment conditions for men and women and eliminating the historical inequalities which undermine the rights of women, the Ministry of Labour is taking action to promote the access of women to the world of work without discrimination and under equal conditions. More specifically, it refers to: (1) the signature in 2021 of a Memorandum of Understanding with UN Women and the adoption in 2022 of a Work Plan for 2022-23 which addresses, among other issues, the employability of women from a gender perspective, the elimination of gaps in the world of work, the implementation of the Violence and Harassment Convention (No. 190) and Recommendation (No. 206), 2019, and the launch of a strategic communication campaign; (2) the drafting of the “Violet Economy” Public Policy for the economic rights and a life free from violence for women, with the objective of contributing to the reduction of gender inequality between men and women in the economic, labour, family and social fields (the Policy envisages three strategies: promoting access to credit, productive resources and markets, and increasing resilience in adversity; reducing the barriers faced by women in gaining access to and remaining in the labour market; and developing alternatives for women in the economic sectors most affected by the pandemic); (3) within the framework of the Policy, the promotion of the Violet Prize for Good Enterprise Practices; and (4) with the cooperation of the Inter-American Development Bank (IDB), a study will be commenced on the evaluation, efficiency and effectiveness of public expenditure on human resources management to determine whether parity and equal conditions exist for the recruitment of men and women, including in higher-level positions in the public administration. The Committee takes due note of these initiatives. The Committee requests the Government to provide information on the impact of all these measures in practice, including statistical data disaggregated by gender.

National equality policy. Afro-Ecuadorian, indigenous and Montubio peoples. The Committee notes with interest that the Technical Standard for the Application of the Principle of Preferential Employment established in the Basic Act for the Comprehensive Planning of the Special Amazonian Territorial Constituency was issued by Ministerial Decision No. MDT-2021-220, of 18 August 2021, with the objective of the appropriate application of the right to preferential employment, the public inclusion of persons born or resident in Amazonia or belonging to Amazonian peoples and nationalities in recruitment or public merit-based competitions for public and private sector establishments. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) which, while welcoming the progress made by the State party in improving the right to education of Montubio, Afro-Ecuadorian and indigenous peoples, expresses concern that there are still significant disparities in access to higher education, primarily affecting Montubio, Afro-Ecuadorian and indigenous peoples and migrants. The CERD recommends the State party to redouble its efforts to ensure the availability, accessibility and quality of education for Montubio, Afro-Ecuadorian and indigenous peoples and migrants, especially in higher education (CERD/C/ECU/CO/23-24, 15 September 2017, paragraphs 26 and 27). The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it recommends the Government to strengthen measures to eliminate occupational segregation, enhance access by women, including migrant women, Ecuadorian women of African descent, Montubio women, women belonging to ethnic minority groups, indigenous women and women with disabilities, to formal employment, and encourage women and girls to choose non-traditional career paths (CEDAW/C/ECU/CO/10, 24 November 2021, paragraph 32(d)). The Committee requests the Government to provide information on the progress achieved in relation to the access to employment of the groups of women workers concerned in accordance with the Ministerial Decision referred to above and any other measures adopted in this respect.

HIV and AIDS. The Committee notes the information provided by the Government on the measures set out in the legislation which prohibit discrimination in employment against persons affected by HIV, and particularly: (1) Ministerial Decision No. MDT-2020-244, of 25 November 2020; and (2) the Protocol for the Prevention and Resolution of Cases of Discrimination, Labour Harassment and/or Any Form of Violence against Women in Workplaces in the public and private sectors (2021), which covers cases of violence and harassment on grounds of gender and HIV. The Committee requests the Government to provide information on the impact in practice of the provisions in force respecting labour discrimination against persons affected by HIV and AIDS including, for example, if they are available, statistics on the number of complaints received on the subject and the action taken thereon.

Enforcement. The Committee notes that the Ministry of Labour is engaged in a continuous process of the prevention of discrimination based on any particular condition and that awareness-raising workshops are being undertaken to promote equality and equity in employment and occupation. The Committee also notes that the Ministry of Labour received 49 complaints of labour discrimination during the period between 2019 and 2022. The Committee requests the Government to:

• (i)indicate the nature and follow-up action on the complaints received (the findings of the investigations carried out, penalties imposed and any compensation granted); and
• (ii)provide statistical information on the employment of Afro-Ecuadorian, indigenous and Montubio peoples by type of work and occupational sector, disaggregated by sex.

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

Articles 1 to 4 of the Convention. Gender pay gap. The Committee welcomes the efforts made by the Government to provide information in its report with indicative data on average wages, disaggregated by sex, geographical area, ethnicity and occupational group, for the period between 2019 and July 2022. The Committee observes that the information provided indicates that during the period between December 2019 and July 2022, the gender pay gap increased: (1) at the national level, from 15.3 per cent in December 2019 to 19.3 per cent in July 2022; (2) in urban areas, from 15.9 per cent to 20.7 per cent; and (3) in suburban areas, from 27.6 per cent to 29.2 per cent. The Committee also observes that, according to the information provided, there is still a significant pay gap between men and women between persons of different ethnic origins and occupational groups, and that the wage gap between men and women in the informal economy fell from 42.2 per cent to 38.6 per cent.

Article 3. Objective appraisal of jobs. Minimum wages. With reference to its previous comments on the measures taken to ensure that the determination of minimum wages for the various sectors (domestic work, craft industry, microenterprises) is free from gender stereotypes, the Committee notes the Government’s indication that minimum sectoral wages are determined without discrimination on grounds of gender because they use an objective methodology based on five occupational levels: leadership, supervision, operation, assistance and support. The Government adds that, with a view to promoting dialogue and the inclusion of the social partners in decision-making, there is tripartite representation of workers, employers and the authorities. The Ministry of Labour issues the respective ministerial decisions annually which establish the unified basic wage, and sectoral minimum wages for workers in the private sector.

With regard to both issues, the Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it recommends strict enforcement of “the principle of equal pay for work of equal value, in order to narrow and ultimately close the gender pay gap, by regularly reviewing wages in all sectors, applying gender-sensitive analytical job classification and evaluation methods and conducting regular labour inspections and pay surveys” (CEDAW/C/ECU/CO/10, 24 November 2021, paragraph 32(f)). In light of the above, the Committee considers that, with a view to being able to take the appropriate measures to reduce the gender wage gap, it would be useful for the Government, together with the representative organizations of workers and employers, to undertake a detailed study of the statistics provided and the measures that could be adopted to remedy pay gaps. The Committee requests the Government to provide information on the measures adopted to reduce the gender pay gap and to continue providing updated statistical data. It also requests the Government to indicate whether, when carrying out the objective evaluation and establishing the five occupational levels to which it refers, the possible predominant presence of men or women in any of the occupations referred to was taken into account. The Committee considers that this exercise could provide a basis for determining whether lower minimum wages are established in sectors where women are predominant. The Committee reminds the Government that it may have recourse to ILO technical assistance in this respect.

Article 4. Cooperation with the social partners. The Committee notes the information provided by the Government on the functioning of the National Labour and Wage Council (CNTS), an advisory tripartite technical body of the Ministry of Labour which is responsible for social dialogue on wage, labour and employment policies, of which annual meetings are held with the participation of representatives of employers, workers and the authorities. The Committee requests the Government to indicate whether, within the context of the CNTS, it is planned to take measures to give effect to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication that during inspection procedures no cases have been detected of non-compliance with the principle of equal remuneration for men and women workers, as set out in the Convention. In view of the difficulties that may be faced in practice in identifying cases of discrimination in relation to equal remuneration for men and women for work of equal value, particularly when men and women do not perform the same work, the Committee requests the Government to provide information on the training received by labour inspectors to strengthen their capacities to prevent, detect and resolve such cases.

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

Article 1(1)(a) of the Convention. Grounds of discrimination in employment and occupation. The Committee notes the Government’s indication in its report that: (1) it is aware that fundamental changes are required in the field of labour legislation in general; and (2) on the basis of the National Opportunities Plan 2021–2025, a national debate has been launched, with the participation of civil society, workers, employers and academics, to develop consensual proposals for reforms of the current Labour Code, with a more integrated vision which takes into account the content of broader legislative frameworks. The Committee expresses the firm hope that the necessary measures will be taken without delay for the inclusion in the legislation of provisions prohibiting both direct and indirect discrimination based on at least all of the grounds envisaged in Article 1(1)(a) of the Convention in relation to access to employment, vocational training and promotion.

Discrimination on the basis of sex. Sexual harassment. With reference to its previous comments, the Committee notes the information provided by the Government: (1) on the adoption of Ministerial Decision No. MDT-2017-0082 of 11 May 2017, containing the Standard for the Eradication of Labour Discrimination; (2) that the Ministry of Labour is revising Ministerial Decisions Nos MDT-2017-0082 and MDT-2020-244 with a view to including the criteria set out in Article 1(b) of the Violence and Harassment Convention, 2019 (No. 190), which Ecuador ratified in 2021; and (3) on the adoption of the Comprehensive Basic Act to Prevent and Eradicate Violence against Women, of 5 February 2018, which considers sexual harassment to be sexual violence. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it calls on the Government to ensure the effective implementation of the provisions of the Comprehensive Basic Act to Prevent and Eradicate Violence against Women and sections 141 and 142 of the Comprehensive Basic Criminal Code by allocating the necessary resources and providing systematic and recurrent training to judges, prosecutors, the police and other law enforcement officers on their strict enforcement and the strengthening of measures to prevent, combat and punish all forms of gender-based violence against women (CEDAW/C/ECU/CO/10, 24 November 2021, paragraph 22(a)). Accordingly, while noting these legislative and administrative initiatives, the Committee recalls the importance of adopting effective measures to prohibit sexual harassment at work. The Committee trusts that the Government will adopt without delay the measures within its power for the integration into the labour legislation, including the Ministerial Decisions referred to above, of a provision which defines and clearly prohibits sexual harassment (see the 2012 General Survey on the fundamental Conventions, paragraphs 789–794).

Moreover, with regard to complaints of discrimination which include cases of sexual harassment, the Committee notes the Government’s indication that between January 2019 and June 2022 the Ministry of Labour or Directorates of Labour and the Public Service and their national delegations received: (1) 144 complaints relating to the private sector; and (2) 420 complaints in the public sector. The Government adds that the significant difference between complaints in the public and private sectors is due to the Ministry of Labour undertaking various initiatives since 2019 to increase visibility of structural inequalities and violations of labour rights which have promoted the effective enjoyment of labour rights. The Committee takes note of these initiatives. The Committee requests the Government, in cooperation with workers' and employers’ organizations, to continue taking measures to prevent sexual harassment in employment and occupation in both the private and public sectors. The Committee requests the Government to continue providing information on the number of complaints received, and on the number and type of penalties imposed and the compensation granted.

Lastly, the Committee recalls that for several years the Government has been referring to a possible amendment of the Labour Code to address the issues raised, which has not been adopted in practice. The Committee considers that the legislative measures that it has been calling for to give full effect to the Convention should not remain pending while awaiting a possible revision of the Labour Code.

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

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

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. With reference to the need to give full expression in law to the principle of equal remuneration for men and women for work of equal value, the Government indicates in its report that: (1) it is aware that fundamental changes are needed in the field of labour legislation in general; (2) a national debate has been launched in the context of the National Opportunities Plan 2021–25, with the participation of civil society, workers, employers and academics, with a view to developing consensus proposals for reforms to the current Labour Code, including section 79, to reflect the provisions of the Convention and refer to work of “equal value” or, if not, develop proposed legislation that strengthens the field of labour and also includes non-restrictive precepts; and (3) throughout this process the legislative authorities play a fundamental role in formalizing these aspirations. The Committee welcomes the Government’s disposition to take the necessary legislative measures to give effect to the request that it has been making for many years. While noting the difficulties involved in making an amendment to a Labour Code, the Committee recalls that, as recognized by the Government, it is necessary to amend section 79 of the Labour Code as it contains a more restrictive definition than the principle established by the Convention. The Committee trusts that the necessary legislative measures, including going beyond the reform of the Labour Code, will be adopted in the near future to give full effect to the principle established in Article 1(b) of the Convention, which refers to work of “equal value”.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government in its first report.

Article 1 of the Convention. Definitions. The Committee requests the Government to provide information on the definition of the term “dependent child” for the purposes of the application of the Convention, including specific criteria such as age, legal relationship with the worker concerned, place of residence or other elements taken into account to define the concept of dependency. The Committee also requests the Government to supply information on the definition of the term “other member of the immediate family”.

Article 3. National policy. The Committee notes the various provisions of the Constitution which guarantee men’s and women’s right to equality and are relevant to the application of the Convention, namely: article 43(1), which establishes the right of pregnant or nursing women not to be exposed to discrimination on account of their maternity in the educational, social and labour spheres; article 70, which provides that the State shall formulate and implement policies to guarantee gender equality; article 331, which establishes equality for women in access to employment, vocational and occupational training and promotion, and also their right to fair pay and self-employed work; and article 333, which provides that the State shall promote the sharing of domestic work and family responsibilities between men and women. The Committee also notes the Government’s statement in its report that, in the context of the National Agenda for Women and Gender Equality 2014–17 and objective 9.4 of the National Plan for Well–Being 2013–17, it is planned to adopt measures enabling a fairer distribution of unpaid care work between men and women, including flexibilization, telework, the setting up of child development and special care centres, and the reinforcement of support and social protection for persons responsible for such work. The Committee requests the Government to provide information on the measures taken or envisaged under the provisions of the Constitution and in the context of the National Agenda for Women and Gender Equality 2014–17 and the National Plan for Good Living 2013–17, with a view to enabling persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

Article 4. Leave rights. The Committee notes that article 332 of the Constitution requires the protection of the reproductive rights of workers, with respect to access to and stability in employment, as well as maternity and nursing rights, and the right to paternity leave. Article 333 recognizes unpaid care work as productive labour and imposes the obligation on the State to promote a labour system that functions in harmony with needs relating to personal care, through appropriate services, infrastructure and hours of work. The Committee also notes that section 152 of the Labour Code recognizes women’s right to paid maternity leave (12 weeks) and men’s right to paid paternity leave (12 days), the length of which may be extended if special care is required for children; leave for the adoption of children (15 days); and leave for the medical treatment of children who suffer from a degenerative disease (25 days). Section 27 of the Basic Act of 2010 concerning the public service reproduces the abovementioned system of leave for workers in the public sector. The Committee also notes that section 52(4) of the Basic Act of 2012 concerning disabilities provides that workers in both the public and private sectors who are under contract to work eight hours a day and are responsible for a person with a severe disability shall be entitled to two hours per day to take care of that person. Moreover, section 155 of the Labour Code and section 33(3), of the Basic Act concerning the public service relating to women workers in the public sector, establish that nursing mothers shall be entitled to a two-hour reduction in the working day for 12 months following childbirth. The Committee requests the Government to provide information on the application in practice of the abovementioned provisions, including statistical information, disaggregated by sex, on the number of workers who avail themselves to the abovementioned schemes relating to leave and reductions in the working day. The Committee also requests the Government to indicate whether measures exist that take account of the needs of men and women workers who have responsibilities in relation to other members of their immediate family, particularly older persons, in terms of conditions of employment and social security.

Article 5. Services and facilities for the care of children and other family members. The Committee notes that the Constitution prescribes the adoption of measures by the State to ensure the provision of care for children and young persons (article 46(1)), persons with disabilities (article 47(1)) and older persons (article 38(1)). Article 333 also indicates that the State shall provide services to care for children and persons with disabilities and any other services needed to enable workers to carry out their work. The Committee also notes that sections 42(5) and 155 of the Labour Code impose the obligation on employers to establish elementary schools for children of workers in cases where permanent workplaces are located more than two kilometres from villages with at least 20 children in the school; and, to provide free daycare services in cases where there are 50 or more workers. With regard to workers in the public sector, section 23(p) of the Basic Act concerning the public service establishes the right of workers to enroll their children up to four years of age in a childcare centre chosen and paid for by the public authority. The Committee also notes that, according to section 42 of the Education Act of 2011, basic general education begins at 5 years of age and is compulsory until 14 years of age. The Committee also notes the process to institutionalize childcare services further to the promulgation of the Constitution, and also the setting up of the Institute for Children and the Family (INFA), which provides “Childcare Centres for Well–Being” (CIBVs) for children between 3 and 59 months of age. The National Agenda for Women and Gender Equality 2014–17 states that a total of 125,000 children under 5 years of age were catered for in the CIBVs between 2008 and 2011 and that it is indicated in the National Agreement that the number of these centres will be increased to 1,000 by 2017. While welcoming the various measures planned to ensure the provision of care for the children of workers, the Committee requests the Government to send up-to-date information on: (i) the number and nature of community childcare and family services and facilities available to men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities who avail themselves to childcare and family services, disaggregated by sex.

Article 6. Information and awareness raising. The Committee notes the Government’s statement that the National Plan for Well–Being 2013–17 and the UN-Women HeForShe Campaign seek, respectively, to adopt measures to raise awareness of men’s right to paternity and domestic space, and to highlight the importance of men’s participation in efforts to achieve gender equality. The Committee also notes the preparation of the “time use survey” by the National Institute of Statistics and Censuses (INEC), which highlights gender differences in the distribution of paid and unpaid working time, including the care of children and other family members. The Committee requests the Government to continue providing information on measures taken or envisaged to promote better understanding of the principle of equality between workers with family responsibilities and those without them, and of the problems of workers with family responsibilities, including the measures adopted under the National Plan for Well–Being 2013–17 and the UN-Women HeForShe Campaign, and to send the results of the “time use survey”.

Article 7. Vocational guidance and training. The Committee notes the Government’s statement that the objectives of the National Plan for Well–Being 2013–17 include reinforcing programmes designed to integrate women and priority groups, including pregnant women, in the labour market, either through paid work or through support for self-employment. The Committee also notes the Government’s statement that a total of 4,397 pregnant women took part in the training programmes of the Ecuadorian Employment Training Service between 2007 and 2013. The Committee requests the Government to provide further information on the vocational guidance and training measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities, including measures adopted under the National Plan for Well–Being 2013–17. The Committee also requests the Government to provide statistical information, disaggregated by sex, on the number of workers with family responsibilities who benefit from such measures.

Article 8. Protection against dismissal. The Committee notes that article 332 of the Constitution prohibits the dismissal of any woman worker on the basis of pregnancy or maternity and also prohibits any discrimination in relation to reproductive roles. The Committee also notes the Government’s statement that sections 153 and 195.3 of the Labour Code as amended in 2015, prohibit the dismissal of a woman on grounds of pregnancy, and also prohibits her being replaced permanently during the period of maternity leave. In particular, section 195.3 provides that dismissal has no effect, and the woman concerned shall receive compensation and that the employer, in the event of non-compliance regarding the reintegration of the worker and payment of compensation shall incur the penalties laid down in the Basic Comprehensive Penal Code for failure to comply with legitimate decisions of a competent authority. The Government also states that section 154(1) of the Labour Code prohibits the dismissal of any woman who remains absent from her work for up to one year as a result of sickness originating from pregnancy or childbirth entailing incapacity to work. The Committee further notes that section 51(1) of the Basic Act concerning disabilities establishes the obligation to provide compensation for the unjustified dismissal of any person responsible for taking care of persons with disabilities. The Committee requests the Government to indicate whether protection against discrimination in relation to reproductive roles also extends to male workers. The Committee requests the Government to supply information on the application in practice and the impact of the provisions relating to protection against dismissal of women during pregnancy or after childbirth and of men and women workers with family responsibilities. The Committee also requests the Government to supply information on any court or administrative decision and on any investigation conducted by the labour inspectorate in relation to the dismissal of workers on grounds of family responsibilities.

Article 9. The Committee requests the Government to provide information on any collective agreements, work rules, court rulings or other decisions whereby the Convention is applied.

Article 11. The Committee requests the Government to indicate the procedures whereby the participation of employers’ and workers’ organizations provided for in this Article is ensured.

Enforcement. The Committee notes that the National Equality Councils are responsible for ensuring full observance of the rights established in the Constitution and in international treaties. The Committee requests the Government to provide information on the manner in which the National Equality Councils ensure compliance with the provisions of the Convention, and on any court ruling, or administrative decision, related to the application of the Convention.

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

Gender pay gap. The Committee notes the Government’s report on the application of the Beijing Declaration and Platform for Action of 1 May 2014, in which the Government indicates that although there are now more female students in higher education, women are concentrated in typically “female” careers. The Committee also notes the information sent by the Government on the pay gap but observes that the data indicating average income are undated, which makes it impossible to determine whether there have been any new developments regarding the pay gap. Nevertheless, the Committee notes the Government’s indications that the gender pay gap is 16 per cent at national level, 19.7 per cent in urban areas and 25.2 per cent in rural areas. The Committee also observes that the pay gap decreases as the level of education rises. Accordingly, it can be seen that at national level, for individuals who have not completed primary schooling, the gender pay gap is 42.7 per cent, and for those who have completed higher education, the pay gap is 21.3 per cent. The Government also indicates that there is a 14 per cent gender pay gap in the informal economy. The Government further indicates that in 2014 the Ecuadorian Training Service provided 9,774 vocational training courses for 155,895 participants in the social, productive and public sectors. With regard to these course participants, women accounted for 57 per cent in the social sector and 54 per cent in the productive sector. However, the Committee observes that the data supplied concerning the respective training courses indicate the academic area but are not disaggregated by sex, which makes it impossible to determine whether there is gender segregation in the course participation. Recalling that information is needed to be able to identify trends in the gender pay gap and the impact of the measures taken by the Government to reduce it, the Committee requests the Government to continue supplying information on remuneration levels for men and women in the various sectors of activity, disaggregated by sex, by occupational category and, as far as possible, by colour and race, so that the Committee can evaluate the progress achieved. The Committee also requests the Government to supply information on the measures taken to promote the employment of women in a broader range of sectors and occupations. It further requests the Government to indicate the measures taken to reduce the gender pay gap, especially for women who have not completed primary education.

Article 2 of the Convention. Promotion of the principle of the Convention. The Committee notes that the Government signed a Memorandum of Understanding with UN Women with a view to gender mainstreaming in all its employment actions and policies aimed at the prevention of discrimination and promoting access for women to the world of work. The Committee requests the Government to continue supplying information on the measures, policies and programmes adopted to promote application of the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that in 2010 the Ministry of Labour implemented a competitive wage scheme with wage equity in different sectors. The Government indicates that, as a result, “general workers”, domestic workers, craft industry workers and workers in micro-enterprises are paid the same wages. The Committee requests the Government to indicate how this equity was attained and what evaluation criteria were used as the basis for fixing these wages without any gender-related discrimination. The Committee also requests the Government to supply information on the manner in which the use of objective job evaluation methodologies is promoted with a view to determining wages in the private sector, in accordance with the Convention.

Article 4. Cooperation with the social partners. The Committee requests the Government to provide information on the measures taken in collaboration with workers’ and employers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee requests the Government to provide information on any violations of the principle of the Convention identified by the labour inspection services.

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

Article 2 of the Convention. National equality policy. The Committee recalls that article 156 of the national Constitution of 2009 provides for the creation of national equality councils responsible for ensuring the preparation, observance, monitoring and evaluation of public policies relating to gender issues and ethnic, generational, intercultural and disability issues. The Committee notes the new Basic Act on National Equality Councils of 2014, section 6 of which creates five national equality councils in the areas of gender, generational issues, peoples and nationalities, disabilities, and human mobility. The Committee also notes that, under section 9 of the Act, the functions of the national councils include: (i) formulation and evaluation of the “National Plan for Good Living”; (ii) action in response to complaints; (iii) participatory construction of “equality agendas”; and (iv) follow-up and evaluation of affirmative action policies. However, the Government indicates that the joint nature of the structure of the national equality councils with members of civil society presupposes a regulatory and organizational network which is under construction. The Committee notes the new National Plan for Good Living 2013–17. The Committee requests the Government to provide information on the specific measures adopted by the national equality councils, once they are functioning, for implementing the national equality policy and on their impact on employment and occupation. In particular, the Committee requests the Government to provide information on the evaluation of the affirmative action policies which have been implemented and also on the action taken by the various national equality councils in response to complaints. The Committee also requests the Government to provide information on the impact of the measures taken in the context of the National Plan for Good Living 2009–13 and on the implementation of the National Plan for Good Living 2013–17, including the activities and policies implemented in that context and the results achieved in relation to the various grounds of discrimination set out in Article 1(1)(a), as well as additional grounds as envisaged in Article 1(1)(b) of the Convention.

National gender equality policy. The Government indicates in its report that it has made progress in maternity and paternity protection at work and that the national equality council on gender has established various measures and policies relating to gender equality, including the participation of women in the police and armed forces, the recognition of work done by caregivers at home (through the new Basic Act on Labour Justice and Recognition of Work at Home, of 20 April 2015) and combating sexism and racism in the media (through the new Basic Communication Act, of 25 June 2013). The Committee also notes the Government’s indication that 93.8 per cent of urban women have a job, but only 43.5 per cent of women have adequate employment. Moreover, the Committee notes that the Government, in its report to the Committee on the Elimination of Discrimination against Women (CEDAW/C/ECU/8-9, 27 February 2013, Annex 9, page 1), indicated that the national equality council on gender had conducted various activities, including establishing agreements and round tables for inter-institutional coordination, implementing strategies, holding seminars and organizing courses for public servants. Despite these measures, the Committee notes the concluding observations of CEDAW, in which it expresses its concern at the de facto and inter-sectoral discrimination faced by indigenous, Afro Ecuadorian and Montubio women, women with disabilities, migrant women, women asylum-seekers and refugee women (CEDAW/C/ECU/CO/8-9, 11 March 2015, paragraph 10). The Committee requests the Government to continue sending detailed information on the measures and activities implemented to promote women’s access to the labour market on equal terms, in both the public and private sectors. The Committee also requests the Government to provide information on the impact of such measures, including statistical information enabling it to evaluate the impact on employment and occupation of indigenous, Afro-Ecuadorian and Montubio women, women with disabilities, migrant women, women asylum-seekers and women refugees.

HIV and AIDS. The Committee notes that the Ministry of Labour is part of the network of advocates for the rights of persons living with HIV and that this new mechanism, which seeks to train and empower various social players in defending the rights of this population group, held its first workshop in June 2015, which was attended by officials from various departments. The Committee also notes that the Ministry of Labour held a workshop on access to, and the sustainability of, employment designed for persons living with HIV with a view to improving their employability. The Committee requests the Government to continue providing information on the implementation of measures relating to the prevention of discrimination against persons affected by HIV and AIDS. The Committee also requests the Government to provide information on any judicial or administrative action related to discrimination on the grounds of real or supposed HIV status.

Article 5. Affirmative action measures. Afro-Ecuadorian, indigenous and Montubio peoples. The Committee recalls that, according to the 2012 Ministerial Decision on the public sector personnel recruitment and selection subsystem and the 2009 Plurinational Plan to eliminate racial discrimination and ethnic and cultural exclusion, the state institutions covered by the Basic Public Service Act are required to give additional points to Afro-Ecuadorian, indigenous and Montubio applicants for positions in the public service. The Committee notes the Government’s indication that 511 Afro-Ecuadorians, 462 indigenous persons and 487 Montubios, with almost equal numbers of men and women, benefited from this measure, but it is unclear whether these figures relate to a specific year or to the whole period since the adoption of the measure. Despite this progress, the Government indicates that obstacles remain and that it will take time to resolve and that the rate of exclusion from adequate employment for indigenous persons and Montubios is still between 67 and 72 per cent. In addition, the Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD), in which it expressed its concern at the persistent poverty and marginalization of Afro-Ecuadorians and Montubios and at ongoing discrimination against them in the enjoyment of their rights, including access to employment and public office. CERD also expressed its concern at indigenous peoples’ high illiteracy rates and difficulties in gaining access to schooling, including higher education, to which only 4.9 per cent of the indigenous population has access (CERD/C/ECU/CO/20-22, 24 October 2012, paragraphs 20 and 22). The Committee requests the Government to continue implementing affirmative action measures for Afro-Ecuadorian, indigenous and Montubio peoples and to provide information on the impact of these measures on access to the labour market for these groups of workers. The Committee also requests the Government to send information on the measures taken to promote affirmative action for these peoples in the private sector.

Parts III–V of the report form. The Committee notes the statistical information supplied by the Government in relation to labour market indicators by region and sex. The Committee also notes the Government’s indications that labour inspectors conducted a total of 26,554 inspections in 2014. The Committee requests the Government to continue providing statistical data on employment, disaggregated by ethnic origin and sex, including information on the participation of Afro-Ecuadorian, indigenous and Montubio peoples in employment. The Committee also requests the Government to provide information on the number and nature of infringements of the legislation on non-discrimination detected by labour inspectors or reported to the latter, and also on compensation awarded and penalties imposed. Observing that it has not replied to its previous request, the Committee further requests the Government to send information on any judicial or administrative decisions relating to the application of the Convention.

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with regret that for more than 20 years it has been referring to the need to amend section 79 of the Labour Code providing for equal remuneration for equal work, which is more restrictive than the principle set out in Article 1(b) of the Convention, which refers to work of “equal value”. The Committee observes that the Government has not sent any information on the progress made with respect to the adoption of the new Labour Code. The Committee recalls that the concept of work of equal value lies at the heart of the fundamental right of equal remuneration for men and women and the promotion of equality. It is key to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work of an entirely different nature which is nevertheless of equal value. With a view to overcoming occupational segregation, the application of the principle set out in the Convention is not confined to a comparison between men and women in the same establishment or enterprise, but also allows a much broader comparison between the jobs performed by men and women in different workplaces or enterprises, or between different employers (see General Survey on the fundamental Conventions, 2012, paragraphs 669, 673 et seq.). The Committee urges the Government, within the framework of the reform of the Labour Code, to amend section 79 so as to give full expression to the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to request ILO technical assistance in this regard.

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

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

Article 1 of the Convention. The Committee notes with interest that the regulations issued under the Cooperatives Act, pursuant to which married women require the authorization of their husbands to be members of agricultural housing and family vegetable garden cooperatives, were repealed by the Basic Act on the social and solidarity economy and the social and solidarity financial sector of 11 May 2011. The Committee observes, however, that the Government has not sent any information on progress made with regard to the adoption of the new Labour Code. The Committee requests the Government to take the necessary measures to include a provision in the new Labour Code prohibiting both direct and indirect discrimination based on at least all of the grounds set out in Article 1(1)(a) of the Convention in respect of access to employment, vocational training and guidance and terms and conditions of employment for all workers, including domestic workers and workers in export processing zones.

Sexual harassment. The Committee recalls its previous observations noting that sexual harassment is addressed only under the Penal Code, and inviting the Government to take appropriate legislative measures to define and prohibit sexual harassment in employment and occupation. The Government refers to article 331 of the Constitution, which prohibits harassment or violence against women at work and indicates that the Committee’s observations will be taken into account in any reform of the Labour Code. The Committee recalls that the definition should include both quid pro quo and hostile environment harassment, define those responsible for harassment, such as employers, supervisors and work colleagues and, where possible, clients or other persons linked to the performance of work (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794). The Committee once again requests the Government to take the necessary measures to include a provision in the Labour Code defining and clearly prohibiting sexual harassment. It requests the Government to consider including a requirement for employers to adopt measures to prevent sexual harassment in the workplace. The Committee also requests the Government to provide information on any other measures adopted with a view to preventing sexual harassment. It further requests the Government to provide information on the number of complaints of sexual harassment at work that have been brought before the administrative or judicial authorities, the penalties imposed and compensation awarded, and also copies of the most relevant rulings issued.

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 2 of the Convention. National equality policy. The Committee referred previously to the adoption of the new Constitution in September 2009. The Committee notes that article 156 establishes national equality councils responsible for ensuring the preparation, observance, monitoring and evaluation of public policies relating to gender issues and ethnic, generational, intercultural and disability issues, for which purpose they are to coordinate with the specialized national agencies. These councils are to be composed on an equal footing of representatives of civil society and the State. The Committee also notes the National Plan for Good Living 2009–13, one of the objectives of which is to promote equality without discrimination on the basis of sex, ethnic origin, social level, religion, sexual orientation or place of origin. The Committee requests the Government to provide information on the establishment of national equality councils and their areas of competence, as well as on the difficulties encountered in the discharge of their functions. The Committee also asks the Government to provide information on the implementation of the National Plan for Good Living 2009–13, the activities and policies implemented in that context and the results achieved in relation to the various grounds of discrimination set out in Article 1(1)(a), as well as additional grounds as envisaged in Article 1(1)(b) of the Convention.

National gender equality policy. The Committee notes that article 65 of the national Constitution provides that the State shall promote the equal representation of women and men in the public service, in its managerial and decision-making bodies and in political parties and movements. Article 70 provides that the State shall declare and pursue policies for the achievement of equality for women and men through a specialized mechanism, and shall incorporate gender mainstreaming in plans and programmes. The National Plan for Good Living 2009–13 also calls for gender equality and the Basic Act on citizens’ participation provides for gender parity through affirmative action. The Government has provided data on the increase over recent years of the participation by women in public life, and in positions elected by popular vote. The Committee requests the Government to provide specific information on the measures and action taken in accordance with the above policies and plans, with an indication in particular of their impact on improving the access of women to both the public service and to employment in the private sector. Please indicate the manner in which national equality councils contribute to gender equality and the access of women to employment.

HIV and AIDS. The Committee notes the measures adopted under the Multisectoral Strategic Plan for the National Response to HIV/AIDS 2007–15, which include training for labour inspectors in 2009 on the adoption of procedures to address discrimination affecting persons living with HIV, and training for young persons participating in the public programme “My First Job” in 2010 and 2011. The Committee requests the Government to continue providing information on the implementation of measures to prevent discrimination against persons living with HIV. The Committee also requests the Government to provide information on any judicial or administrative action relating to discrimination on the grounds of actual or perceived seropositive status.

Article 5. Affirmative action measures. Afro–Ecuadorian, indigenous and Montubio peoples. The Committee notes the action taken by the Ministry of Industrial Relations to promote the access of Afro–Ecuadorian, indigenous and Montubio (mestizo) peoples to employment in the public sector, which include affirmative action measures, such as those envisaged in the Ministerial Decision on the public sector personnel recruitment and selection subsystem for 2012. The Committee also notes that, in accordance with the Plurinational Plan to Eliminate Racial Discrimination and Ethnic and Cultural Exclusion of 2009, the State institutions covered by the Basic Public Service Act are required to give additional points to Afro–Ecuadorian indigenous and Montubio applicants for positions in the public service. The Committee requests the Government to provide information on the impact of these measures on the participation of Afro–Ecuadorian, indigenous and Montubio peoples on the labour market. The Committee also requests the Government to indicate the mechanisms and procedures for the implementation of affirmative action measures to promote the participation of all those in a situation of inequality, as envisaged in section 3 of the Basic Act on the participation of citizens and their impact on the integration of Afro–Ecuadorian, indigenous and Montubio peoples.

Parts III to V of the report form. The Committee notes the statistical data provided by the Government on the activity level by ethnic origin and sex. The Committee also notes the training activities carried out for young persons, the unemployed, informal economy workers, persons with disabilities, and the labour market integration measures for the latter. The Government also provides information on the increase in the number of inspectors at the national level. The Committee requests the Government to continue providing statistical data on employment, disaggregated by ethnic origin and sex, and on the action taken in relation to the application of the Convention by the labour inspectorate. Please provide information on any judicial or administrative decisions relating to the application of the Convention.

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

Gender pay gap. The Committee notes that, although the Government provides information on the considerable increase in the participation of women in popular elected office, ministries, the judicial authorities and the parliamentary assembly, as well as on the unification of the basic wage as from 2010, the information supplied does not provide a basis for determining trends in the gender pay gap, nor the measures adopted by the Government for its reduction. The Committee requests the Government to provide information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category, and, in so far as possible, colour and race, so as to enable the Committee to assess the progress achieved. The Committee also asks the Government to provide information on the measures adopted with a view to promoting the employment of women in a broader range of sectors and occupations, including through appropriate vocational training.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that for a number of years it has been referring to the need to amend section 79 of the Labour Code, which provides for equal remuneration for equal work, which is more restrictive than the principle set out in Article 1 of the Convention, which refers to work of “equal value”. This concept lies at the heart of the fundamental right of equal remuneration for men and women and the promotion of equality. It is key to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. With a view to overcoming occupational segregation, the application of the principle set out in the Convention is not confined to a comparison between men and women in the same establishment or enterprise, but also allows a much broader comparison between the jobs performed by men and women in different workplaces or enterprises, or between different employers (see the General Survey on the fundamental Conventions, 2012, paragraphs 669 and 673, et seq.). The Committee urges the Government, within the framework of the reform of the Labour Code, to amend section 79 of the Labour Code so as to give full expression to the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to request ILO technical assistance in this regard.

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

Article 1 of the Convention. In its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee noted the reform process of the Labour Code. Moreover, the Committee has been referring for a number of years to the need to amend section 17(b) of the Regulations issued under the Cooperatives Act, pursuant to which married women require the authorization of their husbands to be members of agricultural housing and family vegetable garden cooperatives. The Committee notes that, according to the Government, the Constitution as the highest norm, prohibits any type of discrimination. The Committee requests the Government, with a view to ensuring that section 17(b) of the Regulations issued under the Cooperatives Act does not lead to discrimination against women, and to achieve greater legislative coherence, to take the necessary measures to repeal section 17(b) of the Regulations. The Committee hopes that the Labour Code will be adopted in the near future, and asks the Government to take the necessary measures to include in the Labour Code a provision prohibiting both direct and indirect discrimination based on at least all of the grounds set out in Article 1(1)(a) of the Convention in respect of access to employment, vocational training and guidance and terms and conditions of employment for all workers, including domestic workers and workers in export processing zones.

Sexual harassment. The Committee recalls its previous observations, noting that sexual harassment is addressed only under the Penal Code, and inviting the Government to take appropriate legislative measures to define and prohibit sexual harassment in employment and occupation. The definition should include both quid pro quo and hostile environment harassment, define those responsible for harassment, such as employers, supervisors and work colleagues and, where possible, clients or other persons linked to the performance of work (see General Survey on fundamental Conventions, 2012, paragraphs 789–794). The Committee requests the Government, in the context of the process of amending the Labour Code, to take the opportunity to include a provision defining and clearly prohibiting sexual harassment. The Committee also asks the Government to consider including a requirement for employers to adopt measures to prevent sexual harassment in the enterprise. The Committee also requests the Government to provide information on any other measures adopted with a view to preventing sexual harassment.

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

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

Indigenous rural workers. The Committee notes that, according to the Ecuadorian Social Security Institute (IESS), a total of 959,976 persons are covered by its Rural Social Security Scheme, and that they have access to its 581 rural medical dispensaries. The Committee once again requests the Government to provide information on the ancestral, traditional and alternative practices integrated into the type of care provided by the Rural Social Security Scheme for the communities to which it referred in its previous report and the projections for the coverage of this sector of the population.

HIV/AIDS. The Committee notes the preparation of the methodological guide on responses to HIV/AIDS in the workplace which was drawn up in 2007 and which focuses on prevention, education, gender equity and non-discrimination. Noting the proposed Comprehensive Act on HIV/AIDS, the Committee invites the Government to provide information in the progress achieved in its adoption.

Parts III–V of the report form. The Committee requests the Government to provide information on any judicial or administrative decisions relating to the application of the principle of the Convention, and on any cases of the violation of this principle identified by the labour inspection services. Please also provide up to date information on the situation of men and women, including Afro Ecuadorian and indigenous men and women, in the labour market and their distribution in the various occupations, jobs and economic sectors.

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

Wage gap. The Committee notes that, according to the study “A gender view of public employment in Ecuador”, prepared by the National Council for Women (CONAMU), the National Technical Secretariat for Human Resources Development and Remuneration in the Public Sector (SENRES), the Friedrich Ebert Foundation, FES–ILDIS and Public Services International (PSI), the average earnings of women in public employment amount to 82 per cent of those of men. The study also indicates that the activities mainly carried out by women, namely teaching and health care, are those in which earnings are lower. The Committee notes that the study also emphasizes the high level of vertical segregation that exists in the social services and health-care branch, in which women are employed in the lowest paid categories. The Committee observes that, according to the study, there are marked patterns of vertical segregation in the public administration in municipal authorities and provincial councils, with a minimum level of participation by women in the higher hierarchical levels. The Committee further notes that, according to the Government’s report, SENRES issued a resolution, which has been in force since January 2009, replacing the previous wage categories of public sector employees by the approved wage scale. The Committee asks the Government to provide information on the measures that are being taken to reduce the wage gap that exists in the public sector and those intended to eliminate vertical segregation in the social services and health-care branch, and in public administration in municipal authorities and provincial councils. The Committee also asks the Government to provide information on the measures that are being developed for the adoption of policies intended to promote and ensure the access of women to a broader range of sectors and occupations with higher levels of responsibility and remuneration, including through the appropriate supply of vocational training and education. Please also continue providing statistical data on the remuneration levels of men and women in the various sectors of activity disaggregated by occupational category and position and, in so far as possible, by colour and race, so that the Committee can assess the progress achieved.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that the new Constitution, in article 326(4), provides that “equal remuneration shall be paid for work of equal value”, thereby giving expression in law to the Convention. The Committee further notes that a Bill to reform the Labour Code has been submitted to the Constituent Assembly. Recalling that for several years the Committee has been indicating in its comments that the terms of section 79 of the Labour Code are narrower than the principle set out in the Convention, the Committee hopes that the Government will take this opportunity to bring section 79 of the Labour Code into harmony with Article 1 of the Convention, thereby giving full expression to the principle of equal remuneration for work of equal value. Please provide information on the progress achieved in the amendment of this section.

Article 2. Promotion of the principle of the Convention. The Committee notes that the national councils, including the CONAMU, and the programmes that are being undertaken within this framework are in the process of being institutionalized to become bodies responsible for planning the public policy of equality in accordance with articles 156 and 157 of the new Constitution. The Committee asks the Government to provide information on the progress made in this process with regard to policies and programmes intended to give effect to the principles of the Convention.

Article 3. Objective job evaluation. The Committee asks the Government to indicate the manner in which objective job evaluation is promoted, including information on the manner in which the National Wage Council promotes the use of methodologies for objective job evaluation with a view to determining wages in the private sector.

Article 4. Cooperation with the social partners. The Committee notes that in May 2009 the Regional Meeting on Wage Equity was held in Quito. The discussions focused on strategies to promote the exchange of experiences relating to social dialogue processes to achieve equity between men and women in remuneration. Please provide information on the measures adopted in collaboration with workers’ and employers’ organizations with a view to giving effect to the principle of the Convention.

Labour inspection. Please provide information on cases of violations of the principle of the Convention identified by the labour inspection services.

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 notes the adoption the new Constitution in September 2008 following its approval by referendum. The Committee notes with interest that article 11(2) of the Constitution includes new grounds on which discrimination is prohibited, including migration and being HIV positive. It also notes that article 43 provides that the State shall guarantee that pregnant women are not discriminated against on grounds of pregnancy in the educational, social and labour fields. The Committee further notes that article 47(5) of Constitution recognizes the right of persons with disabilities to work under conditions of equality of opportunity with a view to developing their capacities and potential, through policies for their integration into public and private entities. The Committee asks the Government to provide information on the measures adopted or envisaged to give effect to these provisions.

Article 2 of the Convention. National equality policy. The Committee notes that Executive Decree No. 1733 (Official Bulletin No. 601 of 29 May 2009) abolished the National Women’s Council (CONAMU) and established the Transition Commission to determine the public institutions that will guarantee equality between women and men, and which is entrusted with responsibility to prepare draft legislative reforms for the establishment of the National Gender Equality Council. The Committee notes that, in addition to the CONAMU, changes have also been made to the Council for the Development of the Peoples and Nationalities of Ecuador (CODENPE), the Afro-Ecuadorian Development Corporation (CODAE), the Council for the Development of the Coastal Montubio People (CODEPMOC), the Council for Children and Young Persons (CNA) and the National Disability Council (CONADIS). The Committee requests the Government to provide information on the outcome of this process of transition and on the institutions established in accordance with articles 156 and 157 of the new Constitution which are entrusted with responsibilities related to guaranteeing equality of opportunity and treatment in employment and occupation.

National policy on gender equality. The Committee notes the concern expressed by the Committee on the Elimination of Discrimination Against Women in its concluding observations of November 2008 about the high rates of women’s underemployment and unemployment, especially in rural areas, and cases of gender discrimination in the workplace, including dismissals relating to maternity, and discriminatory labour practices against women, especially indigenous and migrant women and those of African descent (CEDAW/D/ECU/CO/7, 7 November 2008, paragraphs 34–36). The Committee once again requests information on the results achieved in the prevention and eradication of work by women under conditions of exploitation which, as noted by the Committee in its previous comments, was one of the objectives of the Equal Opportunities Plan 2005–09 (PIO). The Committee also requests the Government to provide detailed information on the policies and programmes intended to ensure equality of opportunity and treatment in employment and occupation for women, especially indigenous women, migrant women and women of African descent, and their impact.

Promoting the access of women to public sector employment. With reference to its previous observation, in which it noted with interest the conclusion of a Framework Inter-institutional Cooperation Agreement with a view to ensuring that effect is given to the principles of equality and equity between men and women in the processes of institutional modernization and the re-evaluation of work in public institutions in Ecuador, the Committee notes that, according to the Government’s report, in the context of the above Agreement, gender was included in the Integrated Human Resources Information System (SIIRH) developed by the National Technical Secretariat for the Development of Human Resources and Remuneration in the Public Sector (SENRES) and the study “Public employment in Ecuador: A gender view” was published. It notes that the Transition Committee has also worked to introduce gender as a cross-cutting issue in the law and standards issued by the SENRES with the objective of promoting the access of women to public employment. The Committee requests the Government to provide further information on the introduction of gender as a cross-cutting issue in the standards issued by the SENRES with the objective of women gaining access to public employment and the impact of this measure. Noting that the Framework Inter-institutional Cooperation Agreement expires in December 2009, the Committee requests the Government to provide information on the measures envisaged to continue ensuring the application of the principle of the Convention in the public sector. The Committee also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

Legislation. The Committee notes that, according to the information provided by the Government, the draft amendment of the Cooperatives Act is before the National Assembly. With reference to its previous comments, the Committee urges the Government to take this opportunity to repeal section 17(b) of the Regulations of the Cooperatives Act, under which married women require the authorization of their husbands to be members of agricultural housing and family garden cooperatives. The Committee hopes that the Government will be in a position to provide information on the progress achieved in this respect in its next report.

Sexual harassment. The Committee notes that the Gender and Youth Unit of the Ministry of Labour is preparing a compendium on sexual harassment in the fields of education, labour, politics and domestic work which includes basic definitions, practical cases, national and international legislation and the contact details of support bodies and organizations. The Committee also notes the draft constitutional proposal of February 2008 to discourage situations of harassment, which involves the termination of officials who commit repeated offences of sexual and psychological harassment and abuse of authority. The Committee requests the Government to provide information on the impact that this compendium has had in terms of preventing sexual harassment in the working environment and to provide information on other measures that are being adopted to raise awareness of the harmful effects of harassment at the workplace. The Committee invites the Government once again to take appropriate legislative measures to prohibit sexual harassment in employment and occupation which include both quid pro quo and hostile work environment harassment.

Afro-Ecuadorian peoples. The Committee notes that the National Development Plan 2007–10 contains a component with the objective of combating historical disparities which hinder the human development of Afro-Ecuadorian persons. It notes that according to the statistics contained in the Plan, the racial prejudice index against Afro-Ecuadorian persons is 75.9 per cent. It also notes that, according to the living conditions survey of 2006, while a white person can obtain average monthly income from employment of US$316.60, an Afro-Ecuadorian person only obtains US$210.80. With regard to the urban unemployment rate, the Committee notes that it is 11 per cent for Afro-Ecuadorian persons, compared with a national average of 7.9 per cent, and 17.5 per cent for Afro-Ecuadorian women. It further notes that 92.8 per cent of Afro-Ecuadorian persons do not reach university level. The Committee requests the Government to provide detailed information on the results and impact of the various types of action envisaged in the plan referred to above, including the application of affirmative action measures, the development of the “Work without discrimination” programme and the action taken to promote and increase the access of young Afro-Ecuadorian persons to university. The Committee also requests information on the measures promoted, as envisaged in the Plan, to monitor and punish any act of racial discrimination against Afro-Ecuadorian persons on the labour market.

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 future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no information on the questions raised. The Committee must therefore repeat its previous comments, which read as follows:

Repetition

Wage gap. The Committee notes that, according to the study “A gender view of public employment in Ecuador”, prepared by the National Council for Women (CONAMU), the National Technical Secretariat for Human Resources Development and Remuneration in the Public Sector (SENRES), the Friedrich Ebert Foundation, FES–ILDIS and Public Services International (PSI), the average earnings of women in public employment amount to 82 per cent of those of men. The study also indicates that the activities mainly carried out by women, namely teaching and health care, are those in which earnings are lower. The Committee notes that the study also emphasizes the high level of vertical segregation that exists in the social services and health-care branch, in which women are employed in the lowest paid categories. The Committee observes that, according to the study, there are marked patterns of vertical segregation in the public administration in municipal authorities and provincial councils, with a minimum level of participation by women in the higher hierarchical levels. The Committee further notes that, according to the Government’s report, SENRES issued a resolution, which has been in force since January 2009, replacing the previous wage categories of public sector employees by the approved wage scale. The Committee asks the Government to provide information on the measures that are being taken to reduce the wage gap that exists in the public sector and those intended to eliminate vertical segregation in the social services and health-care branch, and in public administration in municipal authorities and provincial councils. The Committee also asks the Government to provide information on the measures that are being developed for the adoption of policies intended to promote and ensure the access of women to a broader range of sectors and occupations with higher levels of responsibility and remuneration, including through the appropriate supply of vocational training and education. Please also continue providing statistical data on the remuneration levels of men and women in the various sectors of activity disaggregated by occupational category and position and, in so far as possible, by colour and race, so that the Committee can assess the progress achieved.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that the new Constitution, in article 326(4), provides that “equal remuneration shall be paid for work of equal value”, thereby giving expression in law to the Convention. The Committee further notes that a Bill to reform the Labour Code has been submitted to the Constituent Assembly. Recalling that for several years the Committee has been indicating in its comments that the terms of section 79 of the Labour Code are narrower than the principle set out in the Convention, the Committee hopes that the Government will take this opportunity to bring section 79 of the Labour Code into harmony with Article 1 of the Convention, thereby giving full expression to the principle of equal remuneration for work of equal value. Please provide information on the progress achieved in the amendment of this section.

Article 2. Promotion of the principle of the Convention. The Committee notes that the national councils, including the CONAMU, and the programmes that are being undertaken within this framework are in the process of being institutionalized to become bodies responsible for planning the public policy of equality in accordance with articles 156 and 157 of the new Constitution. The Committee asks the Government to provide information on the progress made in this process with regard to policies and programmes intended to give effect to the principles of the Convention.

Article 3. Objective job evaluation. The Committee asks the Government to indicate the manner in which objective job evaluation is promoted, including information on the manner in which the National Wage Council promotes the use of methodologies for objective job evaluation with a view to determining wages in the private sector.

Article 4. Cooperation with the social partners. The Committee notes that in May 2009 the Regional Meeting on Wage Equity was held in Quito. The discussions focused on strategies to promote the exchange of experiences relating to social dialogue processes to achieve equity between men and women in remuneration. Please provide information on the measures adopted in collaboration with workers’ and employers’ organizations with a view to giving effect to the principle of the Convention.

Labour inspection. Please provide information on cases of violations of the principle of the Convention identified by the labour inspection services.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Indigenous rural workers. The Committee notes that, according to the Ecuadorian Social Security Institute (IESS), a total of 959,976 persons are covered by its Rural Social Security Scheme, and that they have access to its 581rural medical dispensaries. The Committee once again requests the Government to provide information on the ancestral, traditional and alternative practices integrated into the type of care provided by the Rural Social Security Scheme for the communities to which it referred in its previous report and the projections for the coverage of this sector of the population.

HIV/AIDS. The Committee notes the preparation of the methodological guide on responses to HIV/AIDS in the workplace which was drawn up in 2007 and which focuses on prevention, education, gender equity and non-discrimination. Noting the proposed Comprehensive Act on HIV/AIDS, the Committee invites the Government to provide information in the progress achieved in its adoption.

Parts III–V of the report form. The Committee requests the Government to provide information on any judicial or administrative decisions relating to the application of the principle of the Convention, and on any cases of the violation of this principle identified by the labour inspection services. Please also provide up to date information on the situation of men and women, including Afro Ecuadorian and indigenous men and women, in the labour market and their distribution in the various occupations, jobs and economic sectors.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Repetition

The Committee notes the adoption the new Constitution in September 2008 following its approval by referendum. The Committee notes with interest that article 11(2) of the Constitution includes new grounds on which discrimination is prohibited, including migration and being HIV positive. It also notes that article 43 provides that the State shall guarantee that pregnant women are not discriminated against on grounds of pregnancy in the educational, social and labour fields. The Committee further notes that article 47(5) of Constitution recognizes the right of persons with disabilities to work under conditions of equality of opportunity with a view to developing their capacities and potential, through policies for their integration into public and private entities. The Committee asks the Government to provide information on the measures adopted or envisaged to give effect to these provisions.

Article 2 of the Convention. National equality policy. The Committee notes that Executive Decree No. 1733 (Official Bulletin No. 601 of 29 May 2009) abolished the National Women’s Council (CONAMU) and established the Transition Commission to determine the public institutions that will guarantee equality between women and men, and which is entrusted with responsibility to prepare draft legislative reforms for the establishment of the National Gender Equality Council. The Committee notes that, in addition to the CONAMU, changes have also been made to the Council for the Development of the Peoples and Nationalities of Ecuador (CODENPE), the Afro-Ecuadorian Development Corporation (CODAE), the Council for the Development of the Coastal Montubio People (CODEPMOC), the Council for Children and Young Persons (CNA) and the National Disability Council (CONADIS). The Committee requests the Government to provide information on the outcome of this process of transition and on the institutions established in accordance with articles 156 and 157 of the new Constitution which are entrusted with responsibilities related to guaranteeing equality of opportunity and treatment in employment and occupation.

National policy on gender equality. The Committee notes the concern expressed by the Committee on the Elimination of Discrimination Against Women in its concluding observations of November 2008 about the high rates of women’s underemployment and unemployment, especially in rural areas, and cases of gender discrimination in the workplace, including dismissals relating to maternity, and discriminatory labour practices against women, especially indigenous and migrant women and those of African descent (CEDAW/D/ECU/CO/7, 7 November 2008, paragraphs 34–36). The Committee once again requests information on the results achieved in the prevention and eradication of work by women under conditions of exploitation which, as noted by the Committee in its previous comments, was one of the objectives of the Equal Opportunities Plan 2005–09 (PIO). The Committee also requests the Government to provide detailed information on the policies and programmes intended to ensure equality of opportunity and treatment in employment and occupation for women, especially indigenous women, migrant women and women of African descent, and their impact.

Promoting the access of women to public sector employment. With reference to its previous observation, in which it noted with interest the conclusion of a Framework Inter-institutional Cooperation Agreement with a view to ensuring that effect is given to the principles of equality and equity between men and women in the processes of institutional modernization and the re-evaluation of work in public institutions in Ecuador, the Committee notes that, according to the Government’s report, in the context of the above Agreement, gender was included in the Integrated Human Resources Information System (SIIRH) developed by the National Technical Secretariat for the Development of Human Resources and Remuneration in the Public Sector (SENRES) and the study “Public employment in Ecuador: A gender view” was published. It notes that the Transition Committee has also worked to introduce gender as a cross-cutting issue in the law and standards issued by the SENRES with the objective of promoting the access of women to public employment. The Committee requests the Government to provide further information on the introduction of gender as a cross-cutting issue in the standards issued by the SENRES with the objective of women gaining access to public employment and the impact of this measure. Noting that the Framework Inter-institutional Cooperation Agreement expires in December 2009, the Committee requests the Government to provide information on the measures envisaged to continue ensuring the application of the principle of the Convention in the public sector. The Committee also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

Legislation. The Committee notes that, according to the information provided by the Government, the draft amendment of the Cooperatives Act is before the National Assembly. With reference to its previous comments, the Committee urges the Government to take this opportunity to repeal section 17(b) of the Regulations of the Cooperatives Act, under which married women require the authorization of their husbands to be members of agricultural housing and family garden cooperatives. The Committee hopes that the Government will be in a position to provide information on the progress achieved in this respect in its next report.

Sexual harassment. The Committee notes that the Gender and Youth Unit of the Ministry of Labour is preparing a compendium on sexual harassment in the fields of education, labour, politics and domestic work which includes basic definitions, practical cases, national and international legislation and the contact details of support bodies and organizations. The Committee also notes the draft constitutional proposal of February 2008 to discourage situations of harassment, which involves the termination of officials who commit repeated offences of sexual and psychological harassment and abuse of authority. The Committee requests the Government to provide information on the impact that this compendium has had in terms of preventing sexual harassment in the working environment and to provide information on other measures that are being adopted to raise awareness of the harmful effects of harassment at the workplace. The Committee invites the Government once again to take appropriate legislative measures to prohibit sexual harassment in employment and occupation which include both quid pro quo and hostile work environment harassment.

Afro-Ecuadorian peoples. The Committee notes that the National Development Plan 2007–10 contains a component with the objective of combating historical disparities which hinder the human development of Afro-Ecuadorian persons. It notes that according to the statistics contained in the Plan, the racial prejudice index against Afro-Ecuadorian persons is 75.9 per cent. It also notes that, according to the living conditions survey of 2006, while a white person can obtain average monthly income from employment of US$316.60, an Afro-Ecuadorian person only obtains US$210.80. With regard to the urban unemployment rate, the Committee notes that it is 11 per cent for Afro-Ecuadorian persons, compared with a national average of 7.9 per cent, and 17.5 per cent for Afro-Ecuadorian women. It further notes that 92.8 per cent of Afro-Ecuadorian persons do not reach university level. The Committee requests the Government to provide detailed information on the results and impact of the various types of action envisaged in the plan referred to above, including the application of affirmative action measures, the development of the “Work without discrimination” programme and the action taken to promote and increase the access of young Afro-Ecuadorian persons to university. The Committee also requests information on the measures promoted, as envisaged in the Plan, to monitor and punish any act of racial discrimination against Afro-Ecuadorian persons on the labour market.

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 future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Indigenous rural workers. The Committee notes that, according to the Ecuadorian Social Security Institute (IESS), a total of 959,976 persons are covered by its Rural Social Security Scheme, and that they have access to its 581rural medical dispensaries. The Committee once again requests the Government to provide information on the ancestral, traditional and alternative practices integrated into the type of care provided by the Rural Social Security Scheme for the communities to which it referred in its previous report and the projections for the coverage of this sector of the population.

HIV/AIDS. The Committee notes the preparation of the methodological guide on responses to HIV/AIDS in the workplace which was drawn up in 2007 and which focuses on prevention, education, gender equity and non‑discrimination. Noting the proposed Comprehensive Act on HIV/AIDS, the Committee invites the Government to provide information in the progress achieved in its adoption.

Parts III–V of the report form. The Committee requests the Government to provide information on any judicial or administrative decisions relating to the application of the principle of the Convention, and on any cases of the violation of this principle identified by the labour inspection services. Please also provide up to date information on the situation of men and women, including Afro‑Ecuadorian and indigenous men and women, in the labour market and their distribution in the various occupations, jobs and economic sectors.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Wage gap. The Committee notes that, according to the study “A gender view of public employment in Ecuador”, prepared by the National Council for Women (CONAMU), the National Technical Secretariat for Human Resources Development and Remuneration in the Public Sector (SENRES), the Friedrich Ebert Foundation, FES–ILDIS and Public Services International (PSI), the average earnings of women in public employment amount to 82 per cent of those of men. The study also indicates that the activities mainly carried out by women, namely teaching and health care, are those in which earnings are lower. The Committee notes that the study also emphasizes the high level of vertical segregation that exists in the social services and health-care branch, in which women are employed in the lowest paid categories. The Committee observes that, according to the study, there are marked patterns of vertical segregation in the public administration in municipal authorities and provincial councils, with a minimum level of participation by women in the higher hierarchical levels. The Committee further notes that, according to the Government’s report, SENRES issued a resolution, which has been in force since January 2009, replacing the previous wage categories of public sector employees by the approved wage scale. The Committee asks the Government to provide information on the measures that are being taken to reduce the wage gap that exists in the public sector and those intended to eliminate vertical segregation in the social services and health-care branch, and in public administration in municipal authorities and provincial councils. The Committee also asks the Government to provide information on the measures that are being developed for the adoption of policies intended to promote and ensure the access of women to a broader range of sectors and occupations with higher levels of responsibility and remuneration, including through the appropriate supply of vocational training and education. Please also continue providing statistical data on the remuneration levels of men and women in the various sectors of activity disaggregated by occupational category and position and, in so far as possible, by colour and race, so that the Committee can assess the progress achieved.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that the new Constitution, in article 326(4), provides that “equal remuneration shall be paid for work of equal value”, thereby giving expression in law to the Convention. The Committee further notes that a Bill to reform the Labour Code has been submitted to the Constituent Assembly. Recalling that for several years the Committee has been indicating in its comments that the terms of section 79 of the Labour Code are narrower than the principle set out in the Convention, the Committee hopes that the Government will take this opportunity to bring section 79 of the Labour Code into harmony with Article 1 of the Convention, thereby giving full expression to the principle of equal remuneration for work of equal value. Please provide information on the progress achieved in the amendment of this section.

Article 2. Promotion of the principle of the Convention. The Committee notes that the national councils, including the CONAMU, and the programmes that are being undertaken within this framework are in the process of being institutionalized to become bodies responsible for planning the public policy of equality in accordance with articles 156 and 157 of the new Constitution. The Committee asks the Government to provide information on the progress made in this process with regard to policies and programmes intended to give effect to the principles of the Convention.

Article 3. Objective job evaluation. The Committee asks the Government to indicate the manner in which objective job evaluation is promoted, including information on the manner in which the National Wage Council promotes the use of methodologies for objective job evaluation with a view to determining wages in the private sector.

Article 4. Cooperation with the social partners. The Committee notes that in May 2009 the Regional Meeting on Wage Equity was held in Quito. The discussions focused on strategies to promote the exchange of experiences relating to social dialogue processes to achieve equity between men and women in remuneration. Please provide information on the measures adopted in collaboration with workers’ and employers’ organizations with a view to giving effect to the principle of the Convention.

Labour inspection. Please provide information on cases of violations of the principle of the Convention identified by the labour inspection services.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the adoption the new Constitution in September 2008 following its approval by referendum. The Committee notes with interest that article 11(2) of the Constitution includes new grounds on which discrimination is prohibited, including migration and being HIV positive. It also notes that article 43 provides that the State shall guarantee that pregnant women are not discriminated against on grounds of pregnancy in the educational, social and labour fields. The Committee further notes that article 47(5) of Constitution recognizes the right of persons with disabilities to work under conditions of equality of opportunity with a view to developing their capacities and potential, through policies for their integration into public and private entities. The Committee asks the Government to provide information on the measures adopted or envisaged to give effect to these provisions.

Article 2 of the Convention. National equality policy. The Committee notes that Executive Decree No. 1733 (Official Bulletin No. 601 of 29 May 2009) abolished the National Women’s Council (CONAMU) and established the Transition Commission to determine the public institutions that will guarantee equality between women and men, and which is entrusted with responsibility to prepare draft legislative reforms for the establishment of the National Gender Equality Council. The Committee notes that, in addition to the CONAMU, changes have also been made to the Council for the Development of the Peoples and Nationalities of Ecuador (CODENPE), the Afro-Ecuadorian Development Corporation (CODAE), the Council for the Development of the Coastal Montubio People (CODEPMOC), the Council for Children and Young Persons (CNA) and the National Disability Council (CONADIS). The Committee requests the Government to provide information on the outcome of this process of transition and on the institutions established in accordance with articles 156 and 157 of the new Constitution which are entrusted with responsibilities related to guaranteeing equality of opportunity and treatment in employment and occupation.

National policy on gender equality. The Committee notes the concern expressed by the Committee on the Elimination of Discrimination Against Women in its concluding observations of November 2008 about the high rates of women’s underemployment and unemployment, especially in rural areas, and cases of gender discrimination in the workplace, including dismissals relating to maternity, and discriminatory labour practices against women, especially indigenous and migrant women and those of African descent (CEDAW/D/ECU/CO/7, 7 November 2008, paragraphs 34–36). The Committee once again requests information on the results achieved in the prevention and eradication of work by women under conditions of exploitation which, as noted by the Committee in its previous comments, was one of the objectives of the Equal Opportunities Plan 2005–09 (PIO). The Committee also requests the Government to provide detailed information on the policies and programmes intended to ensure equality of opportunity and treatment in employment and occupation for women, especially indigenous women, migrant women and women of African descent, and their impact.

Promoting the access of women to public sector employment. With reference to its previous observation, in which it noted with interest the conclusion of a Framework Inter-institutional Cooperation Agreement with a view to ensuring that effect is given to the principles of equality and equity between men and women in the processes of institutional modernization and the re-evaluation of work in public institutions in Ecuador, the Committee notes that, according to the Government’s report, in the context of the above Agreement, gender was included in the Integrated Human Resources Information System (SIIRH) developed by the National Technical Secretariat for the Development of Human Resources and Remuneration in the Public Sector (SENRES) and the study “Public employment in Ecuador: A gender view” was published. It notes that the Transition Committee has also worked to introduce gender as a cross-cutting issue in the law and standards issued by the SENRES with the objective of promoting the access of women to public employment. The Committee requests the Government to provide further information on the introduction of gender as a cross-cutting issue in the standards issued by the SENRES with the objective of women gaining access to public employment and the impact of this measure. Noting that the Framework Inter-institutional Cooperation Agreement expires in December 2009, the Committee requests the Government to provide information on the measures envisaged to continue ensuring the application of the principle of the Convention in the public sector. The Committee also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

Legislation. The Committee notes that, according to the information provided by the Government, the draft amendment of the Cooperatives Act is before the National Assembly. With reference to its previous comments, the Committee urges the Government to take this opportunity to repeal section 17(b) of the Regulations of the Cooperatives Act, under which married women require the authorization of their husbands to be members of agricultural housing and family garden cooperatives. The Committee hopes that the Government will be in a position to provide information on the progress achieved in this respect in its next report.

Sexual harassment. The Committee notes that the Gender and Youth Unit of the Ministry of Labour is preparing a compendium on sexual harassment in the fields of education, labour, politics and domestic work which includes basic definitions, practical cases, national and international legislation and the contact details of support bodies and organizations. The Committee also notes the draft constitutional proposal of February 2008 to discourage situations of harassment, which involves the termination of officials who commit repeated offences of sexual and psychological harassment and abuse of authority. The Committee requests the Government to provide information on the impact that this compendium has had in terms of preventing sexual harassment in the working environment and to provide information on other measures that are being adopted to raise awareness of the harmful effects of harassment at the workplace. The Committee invites the Government once again to take appropriate legislative measures to prohibit sexual harassment in employment and occupation which include both quid pro quo and hostile work environment harassment.

Afro-Ecuadorian peoples. The Committee notes that the National Development Plan 2007–10 contains a component with the objective of combating historical disparities which hinder the human development of Afro‑Ecuadorian persons. It notes that according to the statistics contained in the Plan, the racial prejudice index against Afro-Ecuadorian persons is 75.9 per cent. It also notes that, according to the living conditions survey of 2006, while a white person can obtain average monthly income from employment of US$316.60, an Afro‑Ecuadorian person only obtains US$210.80. With regard to the urban unemployment rate, the Committee notes that it is 11 per cent for Afro‑Ecuadorian persons, compared with a national average of 7.9 per cent, and 17.5 per cent for Afro-Ecuadorian women. It further notes that 92.8 per cent of Afro-Ecuadorian persons do not reach university level. The Committee requests the Government to provide detailed information on the results and impact of the various types of action envisaged in the plan referred to above, including the application of affirmative action measures, the development of the “Work without discrimination” programme and the action taken to promote and increase the access of young Afro-Ecuadorian persons to university. The Committee also requests information on the measures promoted, as envisaged in the Plan, to monitor and punish any act of racial discrimination against Afro-Ecuadorian persons on the labour market.

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

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee drew the Government’s attention to the fact that section 79 of the Labour Code is expressed in terms which are narrower than the principle of “equal remuneration for work of equal value” laid down in the Convention, and expressed the hope that the Government would take the necessary steps to bring section 79 into line with the Convention. The Committee notes the Government’s statement to the effect that it will supply information on the results of the Constituent Assembly which will reform the principles of the Constitution and in which there will be representatives of the bodies defending the wage rights of women workers. The Committee notes that on 13 May 2008 the Constituent Assembly adopted a series of provisions, including article 3(d), which provides for equal remuneration for work of equal value, without any form of discrimination. The Committee welcomes this provision, as it gives expression to the principle of equal remuneration for work of equal value. It asks the Government to supply information on its final adoption, as well as on the amendment of section 79 of the Labour Code, which the Committee has been asking the Government to bring into line with the Convention for a number of years.

Article 2. Promotion of the principle. The Committee notes that the Equal Opportunities Plan for 2005–09 has two main components: (1) including the majority of women’s organizations in the process of defining priorities; (2) formulating the Plan on the basis of a system of rights which enable the limitations of the sectoral approach to be overcome. The Committee asks the Government to supply information on the steps taken or contemplated within the Equal Opportunities Plan to promote the principle of equal remuneration for work of equal value, and on the results achieved.

Gender, Youth and Ethnic Minorities Unit. The Committee notes various capacity-building activities, such as the publication of a “Labour vademecum with a gender perspective” and the holding of workshops with the ILO in Quito, Guayaquil and Cuenca, relating to gender, race, poverty and employment. It also notes with interest the “Women’s Programme for Indigenous and Afro-Ecuadorian Female Workers (PROINDAFRO)”, which aims to provide self-employment for indigenous and Afro-Ecuadorian women on a low income, who do not formalize their work activities for a variety of reasons but who have the potential to do so. The Committee would be grateful if the Government would continue supplying information on the activities of this unit, stating in particular the way in which publications, courses and programmes incorporate the principle of the Convention. It also asks the Government to state whether and to what extent PROINDAFRO has succeeded in increasing the income of women covered by this programme.

Article 3. Objective job evaluation. The Committee notes the Government’s statement to the effect that an inter-institutional agreement is to be established with institutions involved in wage matters with a view to updating occupational structures in line with the Standard Industrial Classification (SIC) and to maintain standardized codification. The Committee hopes that this will be undertaken on the basis of specific jobs, which will enable a comparison of “work that is of an entirely different nature, which is nevertheless of equal value”, as stated by the Committee in its general observation of 2006. The Committee asks the Government to supply information on the updating of the abovementioned occupational structures. Please also provide information on whether, in the context of the inter-institutional cooperation agreement between the National Secretariat for Public Sector Pay, the National Council for Women, the Latin American Institute of Social Investigations and Public Services International in Ecuador, which was noted by the Committee in its observation on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), activities have been undertaken or planned with regard to objective job evaluation or to other aspects related to the Convention.

Labour inspection and preventive activities. The Committee notes the holding of various workshops on gender and labour inspection in Quito, Cuenca and Guayquil in 2006. It also notes that, according to the Government, inspections of officials responsible for wages in enterprises are to be promoted with a view to having effective control over the payment of the additional benefits and profits provided for in the Labour Code. The Committee asks the Government to indicate the manner in which the principle of the Convention is included in the workshops on gender issues for labour inspectors, and whether the abovementioned inspections on the monitoring of additional benefits and profits have been undertaken. Please also supply information on the results of such monitoring, disaggregated by sex.

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

Indigenous rural workers. The Committee notes the detailed information provided by the Government on the Rural Social Security Scheme (SSC). It notes that in 2008 the SSC covers 40 per cent of the population entitled to coverage and that there are extension and promotional programmes to broaden the coverage of the Rural Social Security Scheme. The Committee notes with interest that the SSC is integrating ancestral, traditional and alternative practices in the type of care that it provides to communities, which can contribute to more effective and non‑discriminatory coverage. It notes that the SSC is reviewing the model for the provision of services based on the needs of those covered and that it is preparing the staff of community dispensaries to receive community contributions. The Committee would be grateful if the Government would provide information on the integration of these practices and on the percentage of indigenous rural workers covered by the SSC, and the projections of coverage for this sector of the population.

Exploitative conditions of work for women. In its previous comments, the Committee requested information on the progress achieved and the attainment of one of the objectives of the Equal Opportunities Plan (PIO), 2005–09, namely supporting inter-institutional plans and local and national public policy proposals for the prevention and elimination of work by women under exploitative conditions. The Committee notes that the National Council for Women (CONAMU) indicates that it has been affected by a significant cutback in resources from the general state budget and that it is negotiating for international cooperation so that it can meet its objectives in full. It reports that even with these limitations, it has been possible to carry out the work of the Inter-institutional Commission for the Prevention and Elimination of the Trafficking of Persons, in which it participates, with a view to formulating the National Plan on this subject, and that two subcommittees have been established, one for communication and the other for investigation. Furthermore, in coordination with the Gender Directorate of the Ministry of the Interior, CONAMU prepared the Manual of Procedures for the implementation of the Act respecting violence against women and in the family. CONAMU indicates that this Manual is fundamental in achieving gender equity as violence within the family has been the mechanism used by aggressors to prevent the full integration of women into society. The Committee requests the Government to continue to provide information on the activities carried out by the Inter-institutional Commission for the Prevention and Elimination of the Trafficking of Persons and on the activities related to the PIO objective of preventing and eliminating work by women under exploitative conditions.

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

Article 2 of the Convention. National policy on gender equality. The Committee notes that the Government is undertaking numerous activities in the context of the Equal Opportunities Plan (PIO), 2005–09, which was declared a state policy and is therefore compulsory for institutions entrusted with the design, formulation and implementation of public policies and is a principal technical and political instrument for the National Women’s Council (CONAMU). It notes with interest that in this framework a labour observatory with a gender focus has been established with the participation of the CONAMU, the United Nations Development Programme (UNDP), the United Nations Children’s Fund (UNICEF), the United Nations Development Fund for Women (UNIFEM), the United Nations Population Fund (UNFPA) and the ILO Subregional Office for the Andean Countries. The Committee asks the Government to provide information on the activities undertaken and the progress achieved by the labour observatory in relation to equality for men and women in employment and occupation. The Committee also asks the Government to continue providing information on the measures adopted in the context of the PIO, 2005–09, and an evaluation of the results achieved, including extracts from reports, where appropriate.

Article 3. Promoting the access of women to public sector employment. With reference to its previous request for information on the measures adopted or envisaged to promote the access of women to the public sector, the Committee notes with interest the conclusion of a Framework Inter-institutional Cooperation Agreement between the National Secretariat for State Remuneration, the National Women’s Council, the Latin American Institute for Social Research and Public Service International in Ecuador (PSI) with a view to ensuring that effect is given to the principles of equality between men and women in the processes of institutional modernization and work re-evaluation in public institutions. The Framework Agreement covers the period from 8 September 2006 until December 2009. The Committee asks the Government to provide detailed information on the activities and progress achieved in the context of the Framework Agreement with regard to the access of women to the public sector.

Legislation. While noting the Government’s indication that the Codification Commission has submitted a draft codified text of the Cooperatives Act to the National Congress, the Committee asks the Government to indicate whether section 17(b) of the Regulations of the Cooperatives Act has been repealed, as requested by the Committee on repeated occasions.

Sexual harassment. The Committee notes the Government’s indications that sexual harassment is defined in the Penal Code. The Committee notes that confining sexual harassment to criminal procedures has generally proven inadequate, as they may deal with the most serious cases, but not with the range of conduct in the context of work that should be addressed as sexual harassment, the burden of proof is higher and there is limited access to redress. The Committee therefore asks the Government to take appropriate administrative and legislative measures to afford sufficient and appropriate protection in relation to the two forms of sexual harassment at the workplace (quid pro quo and a hostile work environment) to which the Committee referred in its general observation of 2002. The Committee also asks the Government to provide information on any other measures that have been adopted or envisaged in law and in practice to prohibit and prevent sexual harassment at work, including through cooperation with employers’ and workers’ organizations.

Afro–Ecuadorian peoples. The Committee notes that, according to the information provided by the Government, the Afro–Ecuadorian Development Cooperation (CODAE) from the time of its establishment until mid-2007 had not achieved the objectives for which it had been established, nor had it attained positive results and impacts on Afro–Ecuadorian peoples and communities. It notes that the CODAE Multi-year Plan has been formulated based on three strategic objectives: (1) ensuring compliance with the economic rights of the Afro–Ecuadorian peoples; (2) guaranteeing access to and exploitation of land; and (3) strengthening the institutionalization of the CODAE and the implementation of the collective rights of Afro–Ecuadorian peoples. The Committee asks the Government to provide information on the activities carried out in the context of the Multi-year Plan, and particularly the measures adopted to eliminate discrimination in employment and occupation, including in access to education, for members of Afro–Ecuadorian peoples.

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

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

1.  Article 1(b) of the Convention. The Committee notes that, according to the Government, section 79 of the Labour Code, which provides for “equal remuneration for equal work”, is consistent with article 36 of Ecuador’s Constitution which establishes the principle of “equal remuneration” for men and women for “work of equal value” enshrined in the Convention. The Committee reminds the Government that, as indicated in its General Survey of 1986 (paragraphs 19–23), the obligations deriving from Article 1 of the Convention go beyond a reference to “the same” or “similar” work, and include “work of equal value”, which requires a broader comparison of the value of different jobs. Establishing a broader base of comparison stems from the need to ensure that women receive the same remuneration as men where the work they do is different but of equal value, as determined by an objective evaluation of the job. This is particularly important due to occupational segregation, with women and men often working in different occupational categories and jobs, and since jobs which are traditionally considered “feminine” may be undervalued because of sexual stereotyping. The Committee accordingly points out to the Government that section 79 of the Labour Code is narrower than the principle of “equal remuneration for work of equal value” laid down in the Convention, and trusts that the Government will take the necessary steps to bring section 79 in line with the Convention and will keep it informed of progress made in this regard.

2. Article 2. With regard to points 2 and 3 of its previous direct request, the Committee notes the Equal Opportunities Plan for 2005–09 drawn up by the National Council for Women (CONAMU) and the information in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Government has undertaken to develop with CONAMU a joint action plan which includes the issue of equal pay and the development of indicators with a view to monitoring the application of Convention No. 100. It further notes that the Agreement on Inter-Institutional Cooperation between CONAMU and the Ministry of Labour includes the implementation and follow-up of labour policies to redress any inequalities between men and women workers. The Committee hopes that, in that context, the Government will devise and implement measures to reduce the occupational and sectoral segregation of women, to narrow the wage gap in both the public and the private sectors and to reduce sex-based discrimination in better paid posts. The Committee asks the Government to provide information on these matters, including statistical data, and on outcomes achieved.

3. Gender and Youth Unit. Noting the establishment in 2005 of the Gender and Youth Unit under the Employment Directorate, the Committee asks the Government to provide information on the Unit’s activities in so far as they relate to the application of the Convention.

4. Labour inspection and prevention. Noting the Government’s statement that the Ministry of Labour’s Gender Unit is to make the labour inspectorate more effective in enforcing the principle of the Convention, the Committee would be grateful if the Government would provide information on the labour inspectorate’s promotional activities, the cases dealt with and the action taken regarding the principle of the Convention.

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

1. Article 2 of the Convention. The Committee notes with interest the Inter-institutional Cooperation Agreement between the National Council for Women (CONAMU) and the Minister of Labour, its object and aims and the commitments undertaken by the parties. It also notes the Equal Opportunities Plan 2005-09 and the Immediate Employment Plan Ecuador 2005‑06. The Committee asks the Government to provide detailed information in its next report on how the parties are fulfilling the abovementioned agreement, the objectives attained, any obstacles encountered, and the agreement’s practical impact in the light of the statistical data from the Cooperation Agreement and the Equal Opportunities Plan 2005-09. The Committee also asks the Government to report on progress made in the implementation of the abovementioned plans, and on the practical results.

2. Article 3. In its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee noted that according to section 71, Chapter IV (Staff Selection) of the Civil Service and Administrative Careers Act, the Human Resources Administration Unit is responsible for assessing candidates for public sector jobs, and vacant jobs are to be filled by competition based on merit and a test to assess candidates’ suitability to ensure open access to the jobs. The Committee requests the Government to provide information on the measures taken or envisaged to promote women’s access to the public sector.

3. Indigenous rural workers. In its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee noted the statistical data supplied by the Government showing that indigenous people account for only a small proportion (14.4 per cent) of total persons covered by the farmers’ social security. The Committee requests the Government to provide information on the measures taken or envisaged to redress the imbalance in social security access between indigenous and non-indigenous rural workers.

4. Exploitative conditions. The Committee notes that the strategic objectives of the Equal Opportunities Plan 2005-09 include “supporting inter-institutional plans and local and national public policy proposals for the prevention and elimination of work by women, young persons and children in conditions that are exploitative”. The Committee would be grateful if the Government would provide information in its next report on progress towards this objective and the measures taken with respect to the employment of women to attain it in practice.

5. Sexual harassment. The Committee notes that sexual harassment in employment and occupation is not expressly dealt with in the labour law and that no provision is made for any specific legal means of redress. The Committee requests the Government to envisage the possibility of enacting legislation to prevent and punish sexual harassment, taking into account the points made by the Committee in its general observation of 2002.

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

1. Article 2 of the Convention. The Committee notes with interest the reactivation of the “Employment and Gender Policies” round table under the management of the National Council for Women (CONAMU), its strategic objectives and its courses of action. It also notes the annual plan of the Gender Equity Unit, the purpose of which is to contribute to the development, implementation and dissemination of employment generation and improvement strategies and programmes launched by the abovementioned round table that help to secure equal opportunities for men and women in Ecuador; and the Gender Equity and Youth Unit created in 2005 under the Directorate of Employment in order to carry out the plan. The Committee requests the Government to report on the progress and results of the activities of the Employment and Gender Policies round table and on the implementation of the annual plan, particularly the activities carried out by the Gender Equity Unit.

2. Article 3(c). Legislation. With reference to its previous comments on the amendment of some provisions of the Commercial Code and the legislation on cooperatives, the Committee notes that the Government has asked the National Cooperatives Directorate to take the necessary steps to repeal section 17(b) of the Regulations to the Cooperatives Act, by virtue of which married women need the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee urges the Government to take measures to have the provisions repealed, as the Committee has been requesting for several years. The Committee hopes that the Government will be in a position to inform it about progress on this matter in its next report.

3. Penal and labour reform. The Committee notes that the Standing Committee for Women, Youth, Children and the Family has been working on the formulation of a number of amendments to penal provisions concerning sexual harassment and to labour law, in the course of harmonizing the Labour Code with the Code on Childhood and Youth. The Committee requests the Government to report on the progress of these reforms.

4. Afro-Ecuatorian peoples. The Committee notes with interest the work done by the Afro-Ecuatorian Peoples’ Council (CODAE) and the national policies to enforce the rights of Afro-Ecuatorian peoples laid down in Ecuador’s National Human Rights Plan. The Committee requests the Government to inform it in its next report of the measures taken or envisaged to eliminate discrimination and promote equality in employment and occupation for Afro-Ecuatorian peoples.

The Committee is addressing a request concerning other matters directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report and the statistical data attached. It also notes the report prepared by the National Council of Women (SĺMUJERES - SIISE, 1997-2002).

1. In its previous comment, the Committee asked the Government to indicate whether it was considering amending section 79 of the Labour Code, which provides that "equal remuneration shall be paid for equal work", in order to bring it into conformity with article 36 of the Political Constitution, which sets forth the principle of equal remuneration for men and women workers for work of equal value. The Committee notes that the Government has not provided any information on this matter and would be grateful if it would do so in its next report.

2. The Committee notes the information provided in the report from the National Council of Women indicating the difficulties that women encounter in the labour market, in particular an unemployment rate that is twice that of men, occupational and sectoral segregation for women who are employed and lower remuneration than that of men for equivalent jobs.

3. The Committee notes that, according to the statistical information, women earn 73 and 84 per cent of the wages of men in the public and private sectors, respectively; only 28.47 per cent of women are employed in the private sector, compared with 71.53 per cent of men; only 19.61 and 21.66 per cent of the highest paid workers in the private and public sectors, respectively, are women. It also notes that in the social and health-care services, despite the fact that women account for 63.45 per cent of the total staff, they earn on average 59 per cent of the wages of men in the same services. The Committee asks the Government to provide information on the measures that have been adopted or are envisaged to increase the income of women in the private sector, to reduce the wage gap in both the public and private sectors and to reduce gender discrimination in the highest paid posts.

4. The Committee notes the information provided by the Government in its report indicating that it is in the process of revising the Civil Service and Administrative Careers Act, and that this will provide an opportunity to assess the procedures used for the selection and evaluation of public sector employees. The Committee trusts that the Government will continue to provide information on the manner in which gender bias is eliminated in these procedures and any impact this has on reducing wage differentials in the civil service.

5. The Committee notes the information provided by the Government in its report indicating that the National Wage Council (CONADES) and the National Council for Public Sector Remuneration (CONAREM) will organize workshops to promote and ensure the application to all men and women workers of the principle of equal pay for work of equal value. It also notes the information provided by the Government confirming the existence of the political will to review the existence of wage differences based on sex and stating that a gender unit may be created in the Ministry of Labour for this purpose. The Committee asks the Government to provide information on any progress made on these issues in its next report.

6. The Committee would be grateful if the Government would provide information in its next report on the activities carried out by the labour inspectorate and the Department of Labour Prevention of the Ministry of Labour and Human Resources to identify violations of the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

1. The Committee notes the information contained in the Government’s report in relation to its general observation of 2002 indicating that sexual harassment in employment and occupation is not explicitly addressed in the labour legislation and that there are no specific judicial or administrative procedures on this subject. The Committee requests the Government to envisage the possibility of including a prohibition of sexual harassment in its legislation, taking into consideration the various elements set out in its general observation, as well as adopting specific procedures for the investigation and punishment of these types of offences.

2. The Committee once again notes that the Government’s report does not contain any reply to its previous comments related to the implementation of the Social Development Plan: Policies for Women 1996-2005, the establishment of the Institute for Women and the action undertaken in the context of the Inter-institutional Agreement between the National Council for Women and the Ministry of Labour, of February 1998. The Committee once again requests the Government to provide information on the establishment of the Institute, the implementation of the National System for Women, the action referred to in the section on the economy and poverty of the Social Development Plan: Policies for Women 1996-2005, and on the implementation of the Inter-institutional Agreement between the National Council for Women (CONAMU) and the Ministry of Labour.

3. The Committee notes the indication contained in the Government’s report that the most direct form of eliminating any form of discrimination in access to employment and occupation is through explicit legal provisions on this subject; the widespread, free and representative social participation of the country’s occupational trade unions and professional organizations and associations; and the political support of the national Government. It adds that access to vocational training in the country is free, in accordance with individual needs, inclinations and aspirations, which gives rise to the whole range of equality of opportunity without any exception whatsoever. The Committee reminds the Government that measures such as those described are not always sufficient to ensure the application of the Convention in practice and that in many cases protection and assistance measures are necessary to compensate for inequalities which, based on grounds set forth in Article 1 of the Convention, have nullified or prejudiced equality of opportunity and treatment in employment and occupation.

4. In its previous comment, the Committee noted that, according to the statistical data, there is a higher rate of unemployment among women workers than among men. The Committee once again requests the Government to supply information on the measures that it is taking or envisages taking to promote equality of opportunity in access to employment and to facilitate the greater participation of women in the labour market.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

1. With reference to its previous comments, the Committee notes once again that the Government has not provided any information on the reform of the Cooperatives Act, particularly with regard to section 17(b) of the regulations issued under the Act, by virtue of which married women need the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee hopes that this regulation will be amended in the near future and once again requests the Government to report on developments concerning the activities of the board of the National Council for Women (CONAMU) and the Standing Committee for Women, Youth, Children and the Family, and particularly on how the reform is progressing.

2. Also with reference to its previous comments, the Committee regrets to note that the Government has not adopted measures to amend a number of the provisions of the Cooperatives Act and the Commercial Code which impose restrictions on women. The Committee once again points out to the Government that the best means of averting any uncertainty as to the legislation in force is to repeal or amend the provisions found to be unconstitutional by the Tribunal, and it hopes that the Government will adopt the above amendments.

3. With reference to its previous comments, the Committee notes that the Government has not provided any information concerning Afro-Ecuadorian communities. The Committee reiterates its request and asks the Government to provide information on the measures adopted or envisaged to eliminate discrimination and promote equality in employment and occupation for the Afro-Ecuadorian population.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report, as well as the attached statistics and a copy of a collective agreement.

1. In its previous comment, the Committee asked the Government, with a view to enabling it to assess the application of the principle of the Convention in the public sector, to provide data on the percentages of men and women in the various occupations and at the different levels of the public administration, as well as statistical information disaggregated by sex on the corresponding incomes. The Committee notes that the Government has not provided these data with its report. The Committee also emphasized that discrimination may arise from the existence of occupational categories and jobs or occupations reserved for women. In this respect, it once again requested the Government to supply statistical data on the percentages of men and women employed in the manufacture of certain types of textiles and clothing, foodstuffs and leather goods, with an indication of the various levels of these activities. The Committee notes that the Government has not provided these data with its report. The Committee notes the information provided by the Government that in November 2001 a national survey was carried out to obtain detailed statistical information and that the Government will inform the Office of the results. The Committee trusts that the Government will provide the requested information with its next report. The Committee once again requests the Government to take into account, when preparing statistics, the comments that it made in its general observation of 1998.

2. The Committee notes the information provided by the Government to the effect that it has not been able to supply information on the number of inspections relating to wage matters and discrimination in general due to the lack of human, material and technical resources. The Committee recalls that it asked the Government to provide information on the methods used to determine whether there are any gender-based wage differentials. The Committee notes the Government’s request for technical assistance and trusts that the Office will be in a position to provide such assistance in the near future.

3. In its previous comment, the Committee asked the Government to provide information on the activities of the National Wage Council (CONADES) and/or the sectoral committees to ensure and promote the application of the principle of equal remuneration for men and women workers for work of equal value. The Committee notes the Government’s statement in its last report that the CONADES, in the same way as other state bodies, operates in accordance with the constitutional provisions setting forth the principle of equality. The Committee notes that the Government does not provide information in its reply on any activity undertaken to ensure or promote the principle set out in Article 2, paragraph 1, of the Convention. Recalling the contents of paragraph 253 of its General Survey on equal remuneration, 1986, the Committee observes that it is difficult to accept statements suggesting that the application of the Convention has not given rise to difficulties, or that full effect is given to the Convention, without further details being provided. The Committee therefore trusts that the Government will reply to the requests referred to above to provide the most detailed information possible. The Committee trusts that the Government will indicate in its next report the manner in which CONADES and/or the sectoral committees and/or the National Remuneration Council for the Public Sector (CONAREM) are promoting and, where appropriate, ensuring the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.

4. In its previous comment, the Committee asked the Government to indicate the methods adopted or envisaged to evaluate tasks in relation to the work performed, particularly in the public administration. The Committee notes the Government’s reply that the objective appraisal of jobs is carried out on the basis of the work involved and that wages are revised and analysed considering the work performed and its value without distinction on the basis of gender. The Committee notes that the Government’s report does not contain a detailed reply with regard to the methodology used for the appraisal of jobs, with a view to the objective measurement and comparative analysis of the relative value of the work performed. As the Committee emphasized in paragraph 255 of its General Survey on equal remuneration, 1986, the reference by the Convention to the principle of "equal remuneration for men and women workers for work of equal value" inevitably broadens the field of comparison, since jobs of a different nature have to be compared in terms of equal value. To compare the value of different jobs, it is important that there exist methods and procedures of easy use and ready access, capable of ensuring that the criterion of sex is not directly or indirectly taken into account in the comparison. By way of illustration, in paragraph 60 of its General Survey on equal remuneration, 1986, the Committee mentioned a number of criteria which are most commonly referred to in the various national laws on equal remuneration with a view to comparing the work to be performed by men and women. These include skill (or knowledge evidenced by a title or diploma or by practice in the job, and abilities following from experience acquired), effort (physical or mental effort, or physical, mental or nervous strain connected with the performance of the work) and responsibility (or decision) required to perform the work (having regard to the nature, scope and complexity of the duties inherent in each job) and the conditions under which the work is to be performed (including factors such as the level of danger associated with the work). The Committee trusts that the Government will provide information in its next report on any measure adopted in relation to the application of methodologies for objective job appraisals.

5. In its previous comment, the Committee noted the inter-institutional technical cooperation agreement signed on 22 February 1999 between the Ministry of Labour and the National Council for Women (CONAMU) concerning the establishment of a database on the income of men and women in the private sector for 1998, with a view to analysing the position of men and women in terms of their income, and to formulating policies and implementing measures to reduce the wage gap between men and women. The Committee trusts that the Government will provide information in its next report on the progress achieved in the context of the above agreement.

6. The Committee notes the statistical information compiled by the System of Integrated Social Indicators for Ecuador (SIISE). The Committee notes that in 1998, gender inequality affecting women in terms of income from work according to the level of utilization of the labour force increased in comparison with the previous year. The Committee also notes that, according to the statistics provided by the Government with its last report, of workers engaged in paid commercial work, 64.2 per cent are men, compared with 35.8 per cent for women. It also notes that the percentage of men engaged in unpaid commercial work is 39 per cent, compared with 61 per cent for women. Finally, it notes that women carry out 98.7 per cent of domestic work, compared with 1.3 per cent for men. The Committee recalls, as it noted in its previous comment, that discrimination may arise out of the existence of occupational categories and jobs or occupations that are reserved for women. It trusts that the Government will take the necessary measures to address this type of discrimination.

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

The Committee notes the reports supplied by the Government and the statistical information attached thereto.

1. The Committee notes the statistics provided by the Government on men’s and women’s wages in Ecuador. Regarding women’s status in the labour market, the Committee notes that women account for 41 per cent of government employees as compared to 29 per cent of private sector employees. The Government is again asked to provide information on the percentage of men and women in the various occupations and at the various levels of the public administration. Furthermore, to enable the Committee to assess the application of the principle of the Convention in the public sector, the Government is asked to provide statistical information which is as complete as possible, disaggregated by sex, concerning men’s and women’s income in the various occupations and at the various levels of the public administration. In this regard, please refer to the Committee’s 1998 general observation on the Convention.

2. In its previous comments the Committee noted that, according to the Government, the Labour Inspectorate and the Department of Prevention of the Ministry of Labour and Human Resources are responsible for ensuring the application of the principle of the Convention. The Government states that inspections are being carried out in enterprises, but that no wage differentials between men and women have been found to exist. The Committee asks the Government to send information on the inspection visits carried out during the period covered, indicating the number of inspections dealing with wages or with discrimination issues in general and also indicating the methods used to determine whether there are any gender-based wage differentials.

3. According to the information supplied by the Government, the wage policy is implemented through three mechanisms: (a) minimum wage fixing and wage increases, which are the responsibility of the National Wage Council (CONADES); (b) tripartite sectoral committees; and (c) collective bargaining. The Committee also notes the promulgation of the Act for the economic reform of Ecuador (No. 2000 4) of 13 March 2000, establishing the national wage policy. The Committee would be grateful if the Government would supply information in its next report on the activities conducted or envisaged by CONADES and/or the sectoral committees to ensure or promote the application of the principle of equal remuneration for men and women workers for work of equal value. The Government is also asked to provide a copy of Act No. 2000 4, and specimens of collective contracts, particularly in sectors with a large concentration of women.

4. In its previous comments the Committee noted the decisions of CONADES establishing the monthly minimum wage of workers employed in the manufacture of certain types of textiles and clothing, foodstuffs and leather goods. The Committee noted that these decisions set the wages of various jobs in the sectors referred to without any distinction between men and women. The Committee pointed out, however, that discrimination may arise out of the existence of occupational categories and jobs or occupations reserved for women. Consequently, the Committee again asks the Government to supply statistical information on the percentage of men and women in the occupations and at the levels defined in the abovementioned decisions.

5. The Committee recalls that Article 3 of the Convention requires the adoption of measures to promote an objective appraisal of jobs on the basis of the tasks involved, when the nature of such measures facilitates the application of this Convention. The Committee therefore repeats its request to the Government to indicate the methods proposed or envisaged for assessing the tasks in relation to the work done, particularly in the public administration.

6. The Committee notes the information supplied by the Government on the programmes to be implemented jointly by the Ministry of Labour and Human Resources and the National Council for Women (CONAMU). It also notes the agreement on technical cooperation signed on 22 February 1999 by the Ministry and CONAMU, and that in the context of this agreement a database is being set up on men’s and women’s income in the private sector for 1998. The Government indicates that, based on the database, it will be possible to analyse the position of men and of women in respect of income. The Committee notes that one of the commitments undertaken by the Ministry and CONAMU is to formulate policy and implement measures with a view to reducing the wage differential between men and women. The Committee hopes that priority will be placed on the implementation of these commitments and asks the Government to keep it informed of any developments in this regard.

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

The Committee notes the information sent by the Government in its report.

The Committee notes that, according to the statistics compiled by the National Statistics and Census Institute, the unemployment rate among women between 18 and 29 years of age is 30.2 per cent and among women of 30 to 39 years of age is 15.9 per cent whereas the male unemployment rate for the same groups is 15.8 per cent and 6 per cent respectively. The Committee asks the Government to provide information on measures underway to promote equal opportunities and access to employment and to improve women’s participation in the labour market.

The Committee notes that the Government’s report contains no reply to its previous comments and hopes that the next report will give full information in response to the questions raised in the previous direct request, which read as follows:

1. The Committee notes with interest the Social Development Plan - Policies for Women 1996-2005 - which, in its section on Economy and Poverty, establishes as a primary objective the creation of the necessary social and economic mechanisms to enable the active participation of women in economic processes and all their benefits, through access to employment, to training and to the market, with equal rights and opportunities. The plan includes proposals for the revision of the legal framework to achieve equality between men and women, and in particular to introduce legislation on equality of remuneration, against discrimination in the social security system, and to counter sexual harassment, inter alia. Positive measures are also being considered to eliminate occupational segregation. Moreover, in a document annexed to the plan, entitled "Institutional viabilities for social policies for women", a proposal was outlined for the creation of an Institute for Women, responsible for coordinating compulsory application of gender policies within public sector bodies, as well as gender cross-cutting in public and social policies in general. This Institute should also be responsible for the promotion and establishment of local, regional and intersectoral committees, as part of a National System for the Promotion of Women, directed by the Institute and ensuring application and follow-up of the policies concerned. The Committee requests to be kept informed on the establishment of the Institute, the implementation of the National System for Women, and in particular to be supplied with detailed information on the activities already undertaken of those outlined in the section on Economy and Poverty of the National Plan for Social Development: Policies for Women 1996-2005.

2. The Committee notes with interest the text of the Interinstitutional Agreement between the National Council for Women (CONAMU) and the Ministry of Labour, of February 1998, to promote gender equality in respect of employment and occupation. In the agreement, the CONAMU gives priority within its operative programme to "activities directed towards facilitating the access of women to employment and reducing disparities between men and women with regard to remuneration, especially in occupations where women predominate, with a view to overcoming discrimination and segregation on the basis of sex". The Committee requests clarification regarding the meaning given to the phrase "especially in occupations where women predominate", given that discrimination in access to employment and differences in wage levels are more pronounced when comparing occupations considered typically male with those considered typically female, than within one sole category. Regarding the principle of uniformity of equality, the Committee refers to paragraphs 256 and 257 of the 1986 General Survey on equal remuneration. It also recalls that phenomena of occupational segregation on the basis of sex, which result in different concentrations of men and women according to the occupations or sectors of activity in question, are due to archaic and stereotyped conceptions of the roles which men and women should perform, and that they result in the nullification or impairment of opportunity and treatment. Occupational guidance should play an important part in opening a broad range of occupations free of considerations based on stereotypes or archaic conceptions according to which specific trades or occupations are supposedly reserved for persons of a particular sex in order to promote a genuine policy of equality of opportunities (General Survey of the Committee of Experts on equality in employment and occupation, 1988, paragraphs 85 and 97). The Committee therefore requests to be kept informed on the measures adopted to ensure equality of opportunities in respect of occupational guidance, vocational training and access to employment.

3. The Committee notes that formulation of the project: "Establishment of a database: Participation and earnings of men and women workers in the private sector, 1988" has been completed. With reference to paragraph 247 of the General Survey of 1988 mentioned above, the Committee stresses the importance of statistical analysis of the distribution of labour in the national economy so as to be able to identify de facto discrimination, such as occupational segregation based on sex, religion or race, and asks to be kept informed in respect of the statistical information obtained as a result of the abovementioned data bank project.

4. The Committee notes with concern that 80 per cent of the indigenous population is below the vulnerability line with a fortnightly per capita consumption of less than US$60, insufficient to provide for their basic needs, including food, education and housing. With reference to paragraph 35 of its General Survey, 1988, the Committee recalls that in rural areas, if indigenous and tribal peoples have lost all or most of their traditional lands, and are now working as agricultural labourers, the main employment-related problem confronting them may be de facto discrimination in terms and conditions of employment. And if they earn their livelihood as subsistence farmers alongside non-indigenous peasants and tenant farmers, their main problems frequently arise from unequal access to credit, marketing facilities, agricultural extension and skills training facilities. It also reiterates that in all these cases state policies will need to focus on equal opportunity in providing the skills, assets and resources on an equal basis as they are made available to other sectors of the national population. The Committee hopes to be informed on the national policies taken with this objective in view and on the action under way or envisaged to eliminate discrimination in employment and occupation in respect of indigenous peoples and the Afro-Ecuadorian minority.

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

The Committee notes the information in the Government’s report.

1. With reference to its previous observations, the Committee notes that the Government has provided no information on the reform of the Cooperatives Act, specifically regulation 17(b) issued under the Act, by virtue of which married women need the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee hopes this regulation will be amended in the near future and requests the Government to report on developments in the activities of the board of the National Council for Women (CONAMU) and the Standing Committee for Women, Youth, Children and the Family, and especially on how the reform is progressing.

2. With reference to its previous observations concerning the amendment of a number of provisions of the Cooperatives Act and the Commercial Code, namely section 12 of the Cooperatives Act and sections 12, 66, 80 and 105 of the Commercial Code which impose restrictions on women, the Committee notes that the abovementioned provisions have been found unconstitutional. The Government states that all decisions of the Constitutional Tribunal are indeed binding and that the latter is free to amend any provision issued by the Executive, Legislature or Judiciary which is in breach of the principles of the Constitution, and such an amendment is beyond challenge. The Committee considers that the best means of averting any uncertainty as to the legislation in force is to repeal or amend the provisions found to be unconstitutional by the Tribunal, and hopes the Government will take the necessary steps to that end. Meanwhile, the Committee asks the Government, in order to secure greater certainty in law, to provide information on the manner in which the public is made aware of the change in law.

3. The Committee has been noting for years that, despite the efforts to eliminate the last vestiges of racial discrimination, they still exist in practice. The Committee notes the Operational Plan of Action for 1999-2003 on the Rights of the Indigenous Nationalities and Peoples of Ecuador, and observes that the Government intends to set up machinery to improve living conditions and implement programmes to promote economic growth as well as providing the indigenous communities with the means and tools they need for production. The Committee notes that no information has been provided on the Afro-Equatorian communities. It therefore reiterates its request and asks the Government to provide information on the measures adopted or planned to eliminate discrimination and promote equality in employment and occupation for the indigenous peoples and Afro-Equatorian communities.

The Committee raises other points in request addressed directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes with interest the Social Development Plan -- Policies for Women 1996-2005 -- which, in its section on Economy and Poverty, establishes as a primary objective the creation of the necessary social and economic mechanisms to enable the active participation of women in economic processes and all their benefits, through access to employment, to training and to the market, with equal rights and opportunities. The plan includes proposals for the revision of the legal framework to achieve equality between men and women, and in particular to introduce legislation on equality of remuneration, against discrimination in the social security system, and to counter sexual harassment, inter alia. Positive measures are also being considered to eliminate occupational segregation. Moreover, in a document annexed to the plan, entitled "Institutional viabilities for social policies for women", a proposal was outlined for the creation of an Institute for Women, responsible for coordinating compulsory application of gender policies within public sector bodies, as well as gender cross-cutting in public and social policies in general. This Institute should also be responsible for the promotion and establishment of local, regional and intersectoral committees, as part of a National System for the Promotion of Women, directed by the Institute and ensuring application and follow-up of the policies concerned. The Committee requests to be kept informed on the establishment of the Institute, the implementation of the National System for Women, and in particular to be supplied with detailed information on the activities already undertaken of those outlined in the section on Economy and Poverty of the National Plan for Social Development: Policies for Women 1996-2005.

2. The Committee notes with interest the text of the Interinstitutional Agreement between the National Council for Women (CONAMU) and the Ministry of Labour, of February 1998, to promote gender equality in respect of employment and occupation. In the agreement, the CONAMU gives priority within its operative programme to "activities directed towards facilitating the access of women to employment and reducing disparities between men and women with regard to remuneration, especially in occupations where women predominate, with a view to overcoming discrimination and segregation on the basis of sex". The Committee requests clarification regarding the meaning given to the phrase "especially in occupations where women predominate", given that discrimination in access to employment and differences in wage levels are more pronounced when comparing occupations considered typically male with those considered typically female, than within one sole category. Regarding the principle of uniformity of equality, the Committee refers to paragraphs 256 and 257 of the 1986 General Survey on equal remuneration. It also recalls that phenomena of occupational segregation on the basis of sex, which result in different concentrations of men and women according to the occupations or sectors of activity in question, are due to archaic and stereotyped conceptions of the roles which men and women should perform, and that they result in the nullification or impairment of opportunity and treatment. Occupational guidance should play an important part in opening a broad range of occupations free of considerations based on stereotypes or archaic conceptions according to which specific trades or occupations are supposedly reserved for persons of a particular sex in order to promote a genuine policy of equality of opportunities (General Survey of the Committee of Experts on equality in employment and occupation, 1988, paragraphs 85 and 97). The Committee therefore requests to be kept informed on the measures adopted to ensure equality of opportunties in respect of occupational guidance, vocational training and access to employment.

3. The Committee notes that formulation of the project: "Establishment of a database: Participation and earnings of men and women workers in the private sector, 1988" has been completed. With reference to paragraph 247 of the General Survey of 1988 mentioned above, the Committee stresses the importance of statistical analysis of the distribution of labour in the national economy so as to be able to identify de facto discrimination, such as occupational segregation based on sex, religion or race, and asks to be kept informed in respect of the statistical information obtained as a result of the abovementioned data bank project.

4. The Committee notes with concern that 80 per cent of the indigenous population is below the vulnerability line with a fortnightly per capita consumption of less than US$60, insufficient to provide for their basic needs, including food, education and housing. With reference to paragraph 35 of its General Survey, 1988, the Committee recalls that in rural areas, if indigenous and tribal peoples have lost all or most of their traditional lands, and are now working as agricultural labourers, the main employment-related problem confronting them may be de facto discrimination in terms and conditions of employment. And if they earn their livelihood as subsistence farmers alongside non-indigenous peasants and tenant farmers, their main problems frequently arise from unequal access to credit, marketing facilities, agricultural extension and skills training facilities. It also reiterates that in all these cases state policies will need to focus on equal opportunity in providing the skills, assets and resources on an equal basis as they are made available to other sectors of the national population. The Committee hopes to be informed on the national policies taken with this objective in view and on the action under way or envisaged to eliminate discrimination in employment and occupation in respect of indigenous peoples and the Afro-Ecuadorian minority.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its report and in the annexes.

1. The Committee notes with interest from the report of the National Council for Women (CONAMU) annexed to the report, that the Constitutional Court declared section 12 of the Cooperatives Act to be unconstitutional, since this section prohibited the participation of women in the establishment of cooperatives, when their husbands were members of the same cooperative. It further notes that CONAMU, together with the Standing Committee for Women, Youth, Children and the Family, had set up the Board of Labour and Access to Resources, taking reform of the Cooperatives Act as a priority objective. The Committee hopes that, among the reforms to be carried out, attention will be given to the previous comments of the Committee on section 17(b) of the regulations issued under the Cooperatives Act, by virtue of which married women require the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee has also referred to section 12 of the Commercial Code, under which married women require the authorization of their husbands to enter into commerce, and sections 66, 80 and 105 of the above Code, which prohibit married and single women from entering the stock market, being stockbrokers or public auctioneers. With regard to the above provisions of the Commercial Code, the Government has previously stated that, since 1989, the Court of Constitutional Guarantees has suspended the application of sections 12, 66, 80 and 105 of the Commercial Code with regard to the restrictions placed on women (RS.TGC.RO 224: 3 July 1989). Having already noted this information, the Committee nonetheless emphasizes the importance of bringing the national legislation formally into conformity with the Convention, by explicitly repealing or amending the provisions which are not in conformity with it, thereby ensuring that there is no uncertainty as to the legislation in force. In this respect, the Committee once again recalls the commitment made by the Government to submit legal forms to the National Congress to bring the national legislation into full compliance with the Convention and the provisions of the National Constitution and it requests the Government to continue supplying information on the measures adopted in this regard.

2. In its earlier comments, the Committee had noted that, despite the efforts being made to eradicate the remnants of racial discrimination, such discrimination still exists in practice, affecting the indigenous peoples and the Afro-Ecuadorian communities, and requested information on the action taken or under way and on any measures taken or envisaged to ensure equality of opportunity and treatment in employment and occupation for indigenous and Afro-Ecuadorian groups. While the annexes to the report contain a number of projects specific to the indigenous communities, these do not refer to employment and occupation, nor do they reflect the existence of a policy of national scope to guarantee equality of opportunity and treatment in employment and occupation, for the indigenous peoples and the Afro-Ecuadorian communities. The Committee also indicated that it will give further consideration to this aspect of the question under the Indigenous and Tribal Peoples' Convention, 1989 (No. 169), ratified by the Government in 1998. The Committee therefore again requests the Government to provide information on this matter and is addressing the question in greater detail in its direct request.

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

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

The Committee notes the Government's report and attached documentation.

1. The Committee notes the Government's statement that the institutions responsible for ensuring the application of the principle of the Convention are the Labour Inspectorate and the Department of Prevention of the Ministry of Labour and Human Resources. The Government indicates, however, that the Labour Inspectorate has not conducted any inspections to ensure equality of remuneration for men and women for work of equal value. The Committee requests the Government to indicate the methods currently in operation to promote and ensure the application of the principle of the Convention. The Government is also asked to continue to supply information on any labour inspections which find the existence of gender-based salary differentials.

2. Further to its previous comments regarding salary differentials between men and women workers in Ecuador, the Committee asks the Government to indicate what methods have been or are proposed to be taken in promoting the objective appraisal of jobs on the basis of the work performed. Moreover, in order to permit the Committee to evaluate the application of the principle of the Convention with regard to the public administration, the Government is asked to provide information showing the distribution of men and women workers in the various occupations and at varying levels of that sector.

3. The Committee notes the National Salary Commission resolutions supplied by the Government which fix the minimum monthly salary for workers employed in the manufacture of certain garments and textiles, food products and leather goods. The resolutions fix wages for jobs in the above-referenced sectors without distinguishing between men and women. The Committee nevertheless recalls that discrimination may arise out of the existence of occupational categories and jobs reserved for women and, therefore, the fact that women workers may be more heavily concentrated in certain jobs or sectors of activity must be taken into account to avoid the undervaluation of work regarded as predominately "feminine" (see General Survey on equal remuneration, ILO, 1986, paragraph 22). In this respect, the Committee asks the Government to provide statistical information on the distribution of men and women in the occupations and at the levels set forth in the above-mentioned resolutions.

4. The Ministry of Labour indicates that it will be initiating various programmes in conjunction with the National Women's Commission (CONAMU). The Committee would be grateful if the Government would provide information in its next report on those joint programmes relevant to the Convention.

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

With reference to its previous direct request, the Committee notes the information contained in the Government's latest report on the dominant trend to not take account of agricultural work performed by women, considering such work to constitute domestic work. It also notes that, according to the statistics provided by the Government in Annex No. 1 to its report, no more than 3.7 per cent of women, and 0 per cent of men, work as domestic employees in rural areas, although 48 per cent of women (as compared with 17 per cent of men) are grouped in the occupational category of "unpaid work". In this respect, the Committee notes with interest the Government's stated objective to take action through the National Council for Women (CONAMU) to give wider recognition to the productive contribution of women and to show this contribution in national statistics. The Committee requests the Government to continue supplying information on the action taken in this respect and on the results obtained in achieving equality of treatment for men and women in employment.

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

The Committee notes with satisfaction the promulgation of article 36 of the new Political Constitution of Ecuador, enacted on 10 August 1998, which reflects the principle set forth in Article 1 of the Convention. Article 36 provides, in pertinent part, that:

The State will promote the incorporation of women into the paid labour force under conditions of equal rights and opportunities, guaranteeing women equal remuneration for work of equal value.

The Government's report indicates that article 36 of the new Ecuadorean Constitution constitutes primary law, and cites the well-established principle of legal interpretation that a primary law supplements any deficiencies or omissions in a secondary law, such as section 79 of the Labour Code, to which the Committee has made reference for a number of years. The Committee asks the Government to indicate whether it contemplates amending section 79 of the Code to bring it into conformity with constitutional article 36.

The Committee also notes with interest that under constitutional article 36 the Government undertakes to promote respect for women's employment and reproductive rights in order to improve working conditions for women and ensure their access to social security systems, particularly in the case of expectant and nursing mothers, working women, women working in the informal and handcrafts sectors, female heads of households and widows. Article 36 expressly prohibits all forms of employment discrimination against women and recognizes unpaid domestic work as productive labour.

The Committee is addresssing a request directly to the Government on other matters.

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

The Committee notes the information provided by the Government in its report.

1. The Committee notes that the Constituent National Assembly adopted on 5 June 1998 the new Political Constitution of the Republic of Ecuador containing various provisions relating to the subject covered by the Convention. The Committee notes with interest article 23(3) under which "the State shall recognize and guarantee to individuals equality before the law: all persons shall be considered equal and shall enjoy the same rights, freedoms and opportunities, without discrimination on grounds of birth, age, sex, ethnic origin, colour, social origin, language, religion, political affiliation, financial situation, sexual orientation, state of health, disability or difference of any nature". The Committee refers to its General Survey of 1988 on equality in employment and occupation (paragraphs 30 to 74) as regards the measures taken by countries to guarantee equality of opportunity and treatment in respect of certain types of discrimination, the grounds for which are not enumerated in Article 1, paragraph 1(a), of the Convention, which may give rise to a determination that other grounds for discrimination are covered under Article 1, paragraph 1(b), of the Convention. In this respect, the Committee notes that the above-mentioned constitutional provision prohibits discrimination, in addition to the reasons set out in Article 1, paragraph 1(a), on the grounds of sexual orientation, state of health and disability.

2. The Committee notes article 36(2) of the National Constitution which prohibits "any type of labour discrimination against women", and article 34, under which "the State shall guarantee equality of rights and opportunities for women and men in access to productive resources ..." and refers to the comments that it has been making since 1988 on section 17(b) of the regulations issued under the Cooperatives Act, by virtue of which married women require the authorization of their husbands to be members of housing, agricultural and family vegetable garden cooperatives. The Committee has also referred to section 12 of the Commercial Code, under which married women require the authorization of their husbands to enter into commerce, and sections 66, 80 and 105 of the above Code, which prohibit married and single women from entering the stock market, being stockbrokers or public auctioneers. With regard to the above provisions of the Commercial Code, the Government states in its latest report that since 1989 the Court of Constitutional Guarantees has suspended sections 12, 66, 80 and 105 of the Commercial Code with regard to the limitations placed on women (RS.TGC.RO 224:3 July 1989). The Government previously provided registers of stockbrokers which include women as operators. The Committee also notes the amendments to section 11 of the Cooperatives Act, but notes that section 17 of its regulations continues to require the authorization of the husband for married women who are not separated, or whose marriage settlements are not based on the separation of property rights, from being members of the above types of cooperatives.

The Committee takes due note of the above developments. Nevertheless, it emphasizes the importance of bringing the national legislation formally into conformity with the Convention by explicitly repealing or amending the provisions which are not in conformity with it, thereby ensuring that there is no uncertainty as to the legal texts which are in force. In this respect, the Committee recalls the commitment made by the Government to submit legal reforms to the National Congress to bring the national legislation into full compliance with the Convention and the provisions of the Constitution and it requests the Government to take the necessary measures for this purpose.

3. The Committee notes the information contained in the report, dated 1 October 1997, which was submitted by Ecuador to the Human Rights Committee in accordance with article 40 of the International Covenant on Civil and Political Rights for the period 1990-96 (doc. CCPR/C/84/Add.6). In paragraph 215 of the above report, the Government states that "despite the efforts being made to eradicate the remnants of racial discrimination, such discrimination still exists in practice, affecting the indigenous population and the Afro-Ecuadorian communities". In the same report, it is stated that the indigenous population accounts for between 25 and 40 per cent of the total number of inhabitants of Ecuador and that Afro-Ecuadorians account for between 5 and 10 per cent of the national population (paragraphs 289 and 290) and that "there are few indigenous Ecuadorians holding decision-making posts in the executive and judiciary or in the private sector" (paragraph 292). The Committee notes the Government's statement in the report that government policies for indigenous peoples are designed to take "all measures to prevent the exclusion of the indigenous peoples from the current economic system" and to promote "their integration into the market economy in a creative manner" (paragraph 295). The Committee requests the Government to provide information on the action that has been taken or is under way in the framework of the above policies and on any measure which has been taken or is envisaged to ensure equality of opportunity and treatment in employment and occupation for indigenous and Afro-Ecuadorian groups. The Committee notes that the Government has recently ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

4. With reference to paragraphs 178 to 184 of its General Survey of 1988 on equality in employment and occupation, the Committee wishes to reaffirm that a policy of equality of opportunity in training is a means of securing full participation of the entire population, without exception, in economic activity and therefore in employment and occupation; training is the key to promotion of equality of opportunity. In this respect, the Committee notes with interest that, in accordance with article 77 of the Constitution "the State shall guarantee equality of opportunity of access to higher education" and the creation in 1993 of the National Directorate for Bilingual Inter-Cultural Education, specializing in aboriginal cultures and languages, which was set up to provide bilingual teaching (Quechua and Spanish) in the indigenous communities of the highlands, with a view to meeting the educational needs of marginal groups (paragraph 287 of the above report). The Committee also notes with interest the provisions respecting the collective rights of indigenous peoples, Negroes and Afro-Ecuadorians contained in the Constitution of the Republic of Ecuador of 1998.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the detailed information in the Government's report regarding the rate of participation of women in employment during 1991-94. It notes that the number of women employed in the rural sector remains relatively low as compared to that of women in domestic service which is quite high. The Committee recalls the Government's explanation in its previous report that the participation of women in agricultural work is considered as domestic work and may therefore have been included within this category. The Committee requests clarification on this point, and also requests the Government to keep it informed of the rate of women active in the labour market.

2. The Committee notes the information regarding the projects implemented under the National Rural Development Plan (PRONADER) including the number of women participating in agricultural projects. It notes that PRONADER plans to increase the number of women working in the agricultural, forestry and road sectors and requests the Government to provide further information in this regard in its next report.

3. The Committee notes the Government's statement that it is making efforts, in particular through the National Directorate for Women (DINAMU), to eliminate discrimination in employment and occupation on the basis of sex. However, it again draws the attention of the Government to Article 2 of the Convention which stipulates that the national policy designed to promote equality of opportunity and treatment must be declared and pursued in order to eliminate discrimination in employment and occupation on all of the grounds listed therein. The Committee asks the Government to provide information in its next report on any measures that have been adopted to ensure the effective promotion of equality of opportunity and treatment regardless of race, religion, political opinion or social origin, and on the results obtained, with particular regard to: (a) access to employment and particular occupations; and (b) terms and conditions of employment.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. Regarding its previous observation concerning the restriction on women entering the Stock Exchange (section 66(c) of the Commercial Code), which is not applied and is to be examined as part of the legislative reforms, the Committee notes from the Government's report that it remains fully committed to expediting the process in the National Congress for the adoption of legal reforms to bring the national legislation into full conformity with ratified Conventions, in particular Convention No. 111. The Committee also notes that, to achieve this end, the Government has made a number of efforts for the necessary reforms of the Commercial Code and the Act on Cooperatives. The Committee requests the Government to keep it informed of progress in this respect in its next report. 2. The Committee is raising other matters in a request which it is addressing directly to the Government.

The Committee hopes that the Government will submit detailed information in its next report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and attached documentation.

1. Article 2, paragraph 1 of the Convention. In its previous comments, the Committee recalled that the concept of equal remuneration applied not only to equal work, but also to work of equal value. The Government replied that the current wording of section 78 of the Labour Code is not to be interpreted restrictively as meaning only "identical work", but rather to mean "similar work". The Committee requested the Government once again to report on the measures which have been adopted to amend the wording of section 78 of the Labour Code so as to set out explicitly that equal remuneration also applies to work of a different nature but of equal value, in accordance with the Convention. In its latest report, the Government indicates that section 78 of the Labour Code has not been amended although it states that the latest reforms in the Political Constitution guarantee expressly in article 22(6) the equal rights of women, providing that "... men and women are declared legally equal. Women have equal rights and opportunities to men in all walks of life, especially in economic and labour matters ...". In this respect, the Committee recommends that section 78 of the Code be amended to reflect precisely the concept of "work of equal value".

2. The Committee had noted with interest the text of a collective labour agreement concluded in the textile industry and the 1992 statistics on the distribution of men and women workers in the various sectors of activity, supplied by the Government, which showed that the monthly income of women workers was significantly lower than that of men, especially at higher wage levels. In this respect, the Government states that salary differences between men and women in the labour market are of a cultural and historical order but that, in any case, they are not based on any legal grounds since by law wages must be fixed on the basis of objective and technical studies and must not give rise to any discrimination. The Committee suggests that the Government should direct the attention of the institutions responsible for monitoring practical application of labour legislation, for example, the labour inspection system, if appropriate, to ensure equality of remuneration for men and women for work of equal value. Similarly, it suggests that the Government have recourse to ILO technical assistance in this if necessary. The Committee requests the Government to furnish the findings of any labour inspections which have disclosed salary differences between men and women based on sex.

3. The Committee notes the public administration salary scale provided by the Government and the statement that there is no breakdown according to sex. It reminds the Government of the value of statistics on the percentage of women and men in various occupations and levels of the public adminstration for seeking measures to ensure that the principles of the Convention are applied (1986 General Survey on equal remuneration, paragraph 248).

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

1. The Committee notes the detailed information in the Government's report regarding the rate of participation of women in employment during 1991-94. It notes that the number of women employed in the rural sector remains relatively low as compared to that of women in domestic service which is quite high. The Committee recalls the Government's explanation in its previous report that the participation of women in agricultural work is considered as domestic work and may therefore have been included within this category. The Committee requests clarification on this point, and also requests the Government to keep it informed of the rate of women active in the labour market.

2. The Committee notes the information regarding the projects implemented under the National Rural Development Plan (PRONADER) including the number of women participating in agricultural projects. It notes that PRONADER plans to increase the number of women working in the agricultural, forestry and road sectors and requests the Government to provide further information in this regard in its next report.

3. The Committee notes the Government's statement that it is making efforts, in particular through the National Directorate for Women (DINAMU), to eliminate discrimination in employment and occupation on the basis of sex. However, it again draws the attention of the Government to Article 2 of the Convention which stipulates that the national policy designed to promote equality of opportunity and treatment must be declared and pursued in order to eliminate discrimination in employment and occupation on all of the grounds listed therein. The Committee asks the Government to provide information in its next report on any measures that have been adopted to ensure the effective promotion of equality of opportunity and treatment regardless of race, religion, political opinion or social origin, and on the results obtained, with particular regard to: (a) access to employment and particular occupations; and (b) terms and conditions of employment.

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

1. The Committee notes the information supplied by the Government concerning the participation rate of women in employment. The information shows an increase in the percentage of women in the economically active population for the period 1982-90, in both the urban and rural areas. Noting, however, that the female participation rate at national level is 35 per cent of the male participation rate, 43 per cent in urban areas and only 24 per cent in rural areas, the Committee notes the Government's statement that this striking inequality may be due to the fact that women's participation in agricultural work is considered to be domestic work and is therefore not registered. The Committee hopes that the Government will keep it up to date with statistics of the proportion of women in the economically active population. It also hopes that it has been possible for the necessary adjustments to be made to the rates, in order to reflect reality more clearly.

2. The Committee notes the information and statistical data provided by the Government concerning the National Rural Development Plan (PRONADER) for the advancement of the indigenous population, showing an increase in employment between 1991 and the present date. It notes, however, that in the agricultural, forestry and roads sectors, the number of days worked by men is three times higher than the number worked by women. The Committee asks the Government how it plans to enable an increase in the number of women workers, and to keep it informed of the development of PRONADER in its next report.

3. The Committee again recalls that, in order to comply with Article 2 of the Convention, a national policy designed to promote equality of opportunity and treatment, in order to eliminate all discrimination in employment and occupation, must be declared and pursued. The Committee asks the Government to provide information, in its next report, on any measures that have been adopted to ensure the effective promotion of equality of opportunity and treatment regardless of race, religion, political opinion or social origin, and on the results obtained, with particular regard to: (a) access to employment and particular occupations; and (b) terms and conditions of employment.

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

1. The Committee notes with interest the Government's statement that section 66(6) of the Commercial Code, which restricts the admission of women to the Stock Exchange, has fallen into disuse and is not applied. This is plain from the list of brokerage firms registered at the Quito Stock Exchange, in which the names of women stockbrokers are highlighted, and which shows, according to the Government, that women are admitted to the Stock Exchange. It also notes the Government's statement that it reiterates its commitment to expedite the procedure in the National Congress for the adoption of the legal reforms to bring the national legislation into full conformity with the Convention, and the photocopies of the communications sent by the Minister of Labour to the President of the National Congress asking that the reforms of the Commercial Code and the Act on Cooperatives be expedited. The Committee hopes that the Government will report on progress in this respect in its next report.

2. The Committee raises other matters in a request which it is addressing directly to the Government.

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

1. Regarding its previous observation concerning the restriction on women entering the Stock Exchange (s. 66(c) of the Commercial Code), which is not applied and is to be examined as part of the legislative reforms, the Committee notes from the Government's report that it remains fully committed to expediting the process in the National Congress for the adoption of legal reforms to bring the national legislation into full conformity with ratified Conventions, in particular Convention No. 111. The Committee also notes that, to achieve this end, the Government has made a number of efforts for the necessary reforms of the Commercial Code and the Act on Cooperatives. The Committee requests the Government to keep it informed of progress in this respect in its next report.

2. The Committee is raising other matters in a request which it is addressing directly to the Government.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the attached documentation.

1. In its previous comments, the Committee recalled that the concept of equal remuneration applied not only to equal work, but also to work of equal value. In this respect, the Government replied that the current wording of section 78 of the Labour Code is not to be interpreted restrictively as meaning only "identical work", but rather to mean "similar" work. The Committee once again requests the Government to report on the measures which have been adopted to amend the wording of section 78 of the Labour Code so as to set out explicitly that equal remuneration also applies to work of a different nature but of equal value, in accordance with the Convention.

2. The Committee notes with interest both the text of the recent collective labour agreement concluded for the branch of industry employing the highest percentage of women workers (textiles), and the statistical information on the distribution of men and women workers in the various sectors of the economy, which were supplied by the Government. It notes that, according to the statistics, the monthly income of women workers in 1992 was significantly lower than that of men, particularly at higher wage levels. It would be grateful to receive possible explanations of this phenomenon together with the next statistics which are supplied.

3. Furthermore, the Committee once again requests the Government to supply with its next report the wage scales applicable in the public administration, indicating the distribution of men and women at the various levels.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes the detailed information submitted by the Government in its report concerning the women's training activities carried out by the National Directorate for Women (DINAMU), which is responsible for framing policies concerning women and implementing the relevant women's programmes. The Committee asks the Government to provide information in its next report on the concrete results of these activities, particularly statistics of the employment of women, such as the participation rate of women in economic activity, the distribution of men and women in the various occupations, by sector of activity, as well as statistics of the number of girls receiving vocational training, the type of training courses and opportunities for access to the various occupations.

2. The Committee also notes the activities conducted by the Ministry of Social Welfare for the promotion of the indigenous population under the National Rural Development Plan (PRONADER) which started up in 1988. It asks the Government to give detailed information on the concrete results of the Plan in terms of promoting employment of the indigenous population and ethnic minorities, with relevant statistics.

3. The Committee recalls that under Article 2 of the Convention a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation must be declared and pursued. It asks the Government in its next report to provide information on any measures that have been taken to ensure effective promotion of equal opportunity and treatment regardless of race, religion, political opinion or social origin, and the results obtained particularly with regard to: (a) access to vocational training; (b) access to employment and particular occupations; and (c) terms and conditions of employment.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report for the period ending 30 June 1992 and the information it contains in reply to the Committee's previous comments.

1. The Committee recalls that in the past the Government has several times stated its intention to establish equality between the sexes in the law. It recalls, in particular, that section 1 of the Regulations of 9 July 1984 (No. 609) provides that "the activities of the Ministry of Social Welfare shall be based on principles designed to encourage the promotion of women, the indigenous population and ethnic minorities" and that the Government mentioned a Bill on the legal equality of sexes in its report of 29 August 1984 to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add.23). In this connection, the Committee noted with interest in its Observation of 1989 that amendments were being drafted to the following provisions to establish the legal equality of women in certain areas:

- regulation 17(b) of the Regulations of the Cooperative Act (promulgated in 1966 and updated in 1985), under which a married woman needs the authorization of her husband in order to become a member of a housing, agricultural or family vegetable garden cooperative;

- section 12 of the Commercial Code, under which married women need the authorization of their husbands in order to exercise commercial activities, and sections 66, 80 and 105 of the Code which prohibit both single and married women from entering the stock market or becoming stockbrokers or public auctioneers.

The Committee notes with regret from the Government's report that the Decision of Congress to amend regulation 17(b) has not yet been adopted, nor has the draft Legislative Decree to amend the above-mentioned sections of the Commercial Code, which was submitted to Congress at the beginning of 1990, been adopted. The Committee recalls that the Convention guarantees equal treatment for men and women in respect of access to all employment, and trusts that the legislative measures needed to amend the above-mentioned provisions which are inconsistent with the Convention, will be taken in the very near future. It would be grateful if the Government would provide a copy of the texts (Decision and Legislative Decree) as soon as they have been adopted.

2. The Committee raises other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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:

1. The Committee took note in its earlier comments of section 1 of the Basic Operational Regulations of the Ministry of Social Welfare (Agreement No. 609 of 9 July 1984) which provides that the activities of the Ministry are to be based on principles designed to encourage the promotion of women, the indigenous population and ethnic minorities. It again requests the Government to report on the activites undertaken by the Ministry to promote the principle of equal opportunity and treatment in respect of the above groups.

2. The Committee again requests the Government to report on the state of progress of the draft Act on the Legal Equality of the Sexes, referred to in paragraph 103 of the report presented by the Government of Ecuador to the Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add. 23 of 29 August 1984).

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. With reference to its previous comments, the Committee notes the Government's statement that the draft provisions to amend section 17 (b) of the Regulations issued under the Co-operatives Act (husband's authorization for a married woman to become a member of housing, agricultural or family vegetable garden cooperatives) will take the form of a Resolution of Congress rather than an Executive Agreement in order to give them greater legal force. The Committee requests the Government to provide a copy of the Resolution as soon as it has been adopted. 2. The Committee notes that the draft Legislative Decree to amend section 12 of the Commercial Code (husband's authorisation for married women to exercise commercial activities) and sections 66, 80 and 105 of the same Code (prohibition on married or single women from entering the stock market or becoming stockbrokers or public auctioneers), was presented to Congress at the beginning of 1990. The Committee hopes that the Government will provide a copy of the above Decree once it has been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

1. In its direct request of 1988, the Committee pointed out that section 78 of the Labour Code, which provides that equal remuneration is to be paid for equal work, without discrimination on grounds of sex, is not sufficient to give effect to the Convention which provides that equal remuneration shall be paid for work of equal value. The Committee notes from the Government's reply in its last report that, under both the Constitution and the Labour Code, a person's sex may not be taken into consideration in fixing wages; that the expression "equal work" in section 78 of the Labour Code is not to be interpreted restrictively as meaning "identical" work, but rather as "similar" work of equal value; and that, in practice, the system for evaluating jobs objectively is being used more extensively in both the public administration and in private enterprises. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures to amend section 78 of the Labour Code to provide explicitly that equal remuneration also applies to work of a different nature but of equal value, in accordance with the Convention. It asks the Government in its next report to indicate the measures taken in this respect.

2. The Committee also notes that it has no recent information enabling it to ascertain how the principle of equal remuneration for men and women is applied in practice where wages are higher than the legal minimum. It would be grateful if the Government would provide in its next report:

(i) the wage scales applying in the public service, indicating the distribution of men and women in the various grades;

(ii) the text of the main collective agreements fixing wage levels, particularly in the branches of activity employing a large number of women, indicating the percentage of women covered by these agreements and the distribution of men and women at the various levels; and

(iii) statistical data on the average earnings of men and women, if possible by occupation and branch of activity, and information on the percentage of women in the various occupations and branches of activity.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its comments and hopes that the next report will contain full information on the following matters raised in its previous direct request:

1. The Committee took note in its earlier comments of section 1 of the Basic Operational Regulations of the Ministry of Social Welfare (Agreement No. 609 of 9 July 1984) which provides that the activities of the Ministry are to be based on principles designed to encourage the promotion of women, the indigenous population and ethnic minorities. It again requests the Government to report on the activites undertaken by the Ministry to promote the principle of equal opportunity and treatment in respect of the above groups.

2. The Committee again requests the Government to report on the state of progress of the draft Act on the Legal Equality of the Sexes, referred to in paragraph 103 of the report presented by the Government of Ecuador to the Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add. 23 of 29 August 1984).

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. With reference to its previous comments, the Committee notes the Government's statement that the draft provisions to amend section 17 (b) of the Regulations issued under the Co-operatives Act (husband's authorisation for a married woman to become a member of housing, agricultural or family vegetable garden co-operatives) will take the form of a Resolution of Congress rather than an Executive Agreement in order to give them greater legal force. The Committee requests the Government to provide a copy of the Resolution as soon as it has been adopted.

2. The Committee notes that the draft Legislative Decree to amend section 12 of the Commercial Code (husband's authorisation for married women to exercise commercial activities) and sections 66, 80 and 105 of the same Code (prohibition on married or single women from entering the stock market or becoming stockbrokers or public auctioneers), was presented to Congress at the beginning of 1990. The Committee hopes that the Government will provide a copy of the above Decree once it has been enacted.

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

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee refers to Article 78 of the Labour Code which provides that equal remuneration is to be paid for work of equal value without discrimination on grounds of sex but that skill and experience in the performance of work shall be taken into account in the calculation of the remuneration. In this connection, the Committee refers to the explanations in paragraphs 19 to 21 and 44 to 65 of its 1986 General Survey on equal remuneration. It recalls that the principle laid down in Article 2 of the Convention refers to work of equal value and points out that while evaluation criteria such as a worker's skill or output allow an objective appraisal of the performance of different persons engaged in similar work they do not constitute a sufficient basis for the application of the principle laid down in the Convention, particularly when men and women, in practice, perform work which is different but of equal value.

The Committee requests the Government to indicate any measures taken or contemplated to ensure that, in practice, men and women receive equal remuneration, particularly when their work is different but of equal value.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In its previous direct request, the Committee took note of section 1 of the Basic Operational Regulations of the Ministry of Social Welfare (Agreement No. 609 of 9 July 1984) which provides that the activities of the Ministry are to be based on principles designed to encourage the promotion of women, the indigenous population and ethnic minorities, and requested the Government to report on the activities undertaken by the Ministry to promote the principle of equal opportunity and treatment in respect of the above groups.

The Committee notes that the information requested will be provided shortly.

2. In its previous direct request, the Committee asked the Government to report on the state of progress of the draft Act on the Legal Equality of the Sexes, referred to in paragraph 103 of the report presented by the Government of Ecuador to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/5/Add. 23 of 29 August 1984).

The Committee notes that a copy of the draft will be sent shortly and requests the Government to continue to provide information in this respect.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes with interest from the information supplied by the Government in its report, that an Executive Agreement is in the process of being issued to modify section 17(b) of the Regulations issued under the Co-operatives Act, to which the Committee referred in previous comments, under which a married woman needs the authorisation of her husband in order to become a member of housing, agricultural or family vegetable garden co-operative. The amendment will provide that married women need no authorisation whatsoever in order to become members of the above-mentioned co-operatives.

The Committee asks the Government to continue to provide information on this matter and to send a copy of the Agreement once it has been adopted.

2. The Committee also notes with interest that the Ministry of Labour has prepared a draft Legislative Decree which will be submitted to the National Congress, to amend provisions referred to in the Committee's previous comments, namely, section 12 of the Commercial Code, under which married women need the authorisation of their husbands in order to exercise a commercial activity, and sections 66, 80 and 105 of the same Code which prohibit single and married women from entering the stock-market or becoming stockbrokers or public auctioneers.

The Committee asks the Government to provide a copy of the Legislative Decree once it has been promulgated.