Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Ecuador (Ratificación : 1967)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 29 August 2025, which are of a general nature. The Committee also notes the observations of the Single Central Organization of Workers of Ecuador (CUT), received on 29 August 2025; the observations of the Trade Union Association of Agricultural and Rural Workers (ASTAC), received on 30 August 2025; the observations of the Ecuadorian Confederation of Unitary Class Organizations of Workers (CEDOCUT), received on 1 September 2025; the joint observations of Public Services International (PSI) in Ecuador and the United Front of Workers’ (FUT), received on 2 September 2025; and the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025. All these observations address in detail matters examined by the Committee in the present comment. The Committee notes the Government’s reply in this respect.

The Committee notes that the ITUC, CEDOCUT, PSI in Ecuador, FUT and ASTAC express their deep concern at Ministerial Decision No. MDT-2025-82, issued on 25 July 2025, approving the “Regulations on labour organizations relating to the exercise of the right to freedom of association and trade union independence” (ROL 2025). ROL 2025 regulates procedures relating to the establishment of labour organizations, the adoption and amendment of union constitutions, the registration of union committees and other judicial acts, in the context of the competencies of the Ministry of Labour. The above-mentioned organizations consider that ROL 2025 constitutes a direct attack on freedom of association, which intensifies the anti-union climate in the country, obstructing the exercise of the rights established in the Convention. The Committee notes the Government’s indication that ROL 2025 guarantees the full exercise of the collective rights of workers, in line with the principles of freedom of association, internal democracy and transparency. The Government indicates that because of the short time that has passed since the adoption of the Regulations, it does not have any data to enable an evaluation of the provisions of ROL 2025 in practice. The Committee observes that the first transitional provision of ROL 2025 provides that labour organizations have 90 days in which to review their constitutions and incorporate the requirements of the regulations. The Committee refers to certain provisions of ROL 2025 in the present comment. The Committee requests the Government to provide detailed information on the impact of ROL 2025 on the exercise of the rights established in the Convention.

The Committee also notes the concerns expressed by the above-mentioned organizations with regard to the Basic Act on public integrity, adopted in July 2025. The Committee refers to this Act in its comment on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). Furthermore, observing the concern reiterated by the ITUC regarding the application of Executive Degree No. 730 of 2023, which orders the armed forces to take action to suppress organized crime, the Committee once again requests the Government to ensure that the decree is not applied in a manner which affects the exercise of the rights established in the Convention.

In its previous comment, the Committee noted the allegations of the ITUC regarding the unjustified and systematic rejection of applications for trade union registration. The Committee observes that ASTAC alleges delays and the use of discretionary criteria in these procedures. The Committee notes the information provided by the Government regarding the situation of the two unions mentioned by ASTAC, one of which is reportedly close to obtaining legal personality. The Committee expects the Government to settle without delay the pending applications for registration. The Committee also requests the Government to provide information on the number of applications for union registration, the number of cases where registration has been granted, the grounds for any refusal, and the average time that elapses between submission of the application and registration.

Technical assistance. Direct contacts mission. In 2022 the Committee on the Application of Standards of the International Labour Conference (Conference Committee) asked the Government to accept a direct contacts mission. In its previous comments, the Committee urged the Government to accept the mission, in the hope that the mission will contribute to finding appropriate solutions to all the pending issues raised by the ILO supervisory bodies for many years. The Committee notes that the Government indicates its willingness to coordinate and set a date for the implementation of the mission, with the aim of making progress on tripartite dialogue and conducting a technical examination of the comments made by the supervisory bodies, in conjunction with the respective actors. The Committee observes that the ITUC, CUT, PSI in Ecuador and FUT underline the urgent need for the mission to take place. Moreover, when examining the application of the present Convention in 2024, the Conference Committee invited the Government to avail itself of ILO technical assistance. In 2025, the Conference Committee examined the application of Convention No. 98 by Ecuador and once again invited the Government to avail itself of ILO technical assistance. It also addressed issues relevant to the application of the present Convention, urging the Government to revise the regulations relating to the creation of employers’ and workers’ associations. While noting with deep regret that the mission was requested over three years ago but has still not been carried out, the Committee notes the willingness expressed by the Government and strongly hopes that the mission will take place as soon as possible. The Committee expresses confidence that the mission, combined with ILO technical assistance, will contribute to finding appropriate solutions to all the pending questions raised by the ILO supervisory bodies for many years.

Trade union rights and civil liberties. Murder of a trade unionist. In its previous comment, the Committee expressed concern at the lack of significant progress on the investigation into the murder in 2022 of Mr Sandro Arteaga Quiroz, secretary of the Union of Workers of the Manabí Provincial Government. The Committee strongly urged the Government to take the necessary steps without delay to determine responsibilities and punish the perpetrators of the crime. The Committee notes the Government’s indication that the criminal proceedings are ongoing in accordance with the guarantees of due process and under the control of the competent judicial body. The Committee observes that PSI in Ecuador and the FUT, as well as the ITUC, indicate that they are not aware of any progress in the investigation and that it is a source of concern that after three years the Government has not provided any public information on the case. The above-mentioned organizations state that the lack of concrete results fuels a climate of widespread violence which has a discouraging and punitive impact on trade union activity. The Committee expresses concern at this situation. The Committee recalls that the Conference Committee urged the Government to take the necessary effective measures immediately to determine responsibilities and punish those guilty of the murder of the trade union leader, and also to prevent violence in relation to the exercise of the legitimate activities of the trade unions and ensure that trade unionists can exercise their activities in a climate free of violence, harassment and intimidation, and in the framework of a system that guarantees the effective respect of civil liberties and the right to freedom of association. The Committee once again strongly urges the Government to take the necessary steps without delay to determine responsibilities and punish the perpetrators of the murder of Mr Sandro Arteaga Quiroz, and to provide information in this respect.

Application of the Convention in the private sector

Article 2 of the Convention. Excessive number of workers (30) required for the establishment of workers’ associations and enterprise committees. Like the Conference Committee, the Committee has been pointing out to the Government for many years the need to amend sections 443, 449, 452 and 459 of the Labour Code so as to: (i) reduce the minimum number of members required to establish workers’ associations and enterprise committees; and (ii) enable the establishment of first-level trade unions that include workers from various enterprises. The Committee once again notes with regret that the Government does not refer to any measures taken to amend the above-mentioned sections of the Labour Code. The Committee notes that PSI in Ecuador, the FUT and the ITUC indicate that the sections in question have not been amended and reiterate that the minimum number of workers required for forming a trade union denies workers in over 90 per cent of production units the possibility of exercising their right to form trade unions, a situation which has a bearing on the low rate of trade union affiliation. The Committee once again recalls that, although the requirement of a minimum number of members is not in itself incompatible with the Convention, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered (2012 General Survey on the fundamental Conventions, para. 89). The Committee once again urges the Government to take the necessary steps, in consultation with the social partners, to amend the sections referred to above in the manner indicated and to provide information on any developments in this respect.

Self-employed workers and workers in the informal economy. In its previous comment, the Committee asked the Government to indicate whether self-employed workers and workers in the informal economy enjoy the rights established by the Convention and to specify the corresponding legal provisions. The Committee notes with regret the lack of information in this regard from the Government. The Committee observes that PSI in Ecuador, the FUT and ITUC express regret that there have been no reforms or measures that guarantee this right for own-account workers and workers in the informal economy. The aforementioned unions also indicate that ROL 2025 establishes the obligation for all labour organizations to provide proof within 90 days that their leaders have the status of “active workers in a dependent employment relationship”. The Committee observes that section 11 of ROL 2025 indicates that to be a union officer it is essential to have the status of active worker in a dependent employment relationship and be subject to the Labour Code. The Committee recalls that the Conference Committee urged the Government to take effective measures as a matter of urgency to ensure that all workers without distinction, including own-account workers and workers in the informal economy, have the right in law and in practice to establish and join unions of their choosing. The Committee also recalls that it considers that the obligation to belong to an occupation or enterprise to hold trade union office may obstruct the right of organizations to draw up their constitutions and elect their representatives in full freedom. This limitation deprives trade unions of the possibility to choose qualified persons (retired persons or trade union leaders who work full-time) as trade union officers and deprives these organizations of the experience of having certain trade union leaders when there is an insufficient number of duly trained persons among their membership. The Committee requests the Government to take the necessary steps to bring the legislation into full conformity with the Convention, in line with the principles set out above. The Committee requests the Government to provide information in this respect.

Possibility of creating trade union organizations by branch of activity. In its previous comments, the Committee expressed the firm expectation that the 2021 ruling which ordered the Ministry of Labour to register ASTAC as a branch union and adopt regulations for the registration of unions by branch of activity would contribute to enabling the establishment of trade union organizations by branch of activity and that the Committee’s views on this matter might be useful to the Constitutional Court, which is examining an extraordinary protection order applied for by the Ministry of Labour against the 2021 ruling. The Committee asked the Government to provide information on the measures taken to ensure full recognition, in law and in practice, of the right of workers from several enterprises to establish first-level trade union organizations, and on the registration process for the Audiovisual and Cinematographic Workers’ Union of Ecuador (SITACE), an organization whose application for registration as a branch union was rejected. The Committee notes with concern that the Government merely reiterates that: (i) there is no provision in the legislation allowing the organization of workers in several enterprises by branch of activity, and so establishing associations of this type cannot be the subject of regulation; (ii) the case of ASTAC has still to be settled in the Constitutional Court; and (iii) the ruling which orders the registration of ASTAC is restricted to the specific case and does not have general legal effects; it will be necessary for the Constitutional Court to issue its decision. The Government indicates that no formal application for registration from SITACE has been identified in the database of the Ministry. The Committee observes that the ITUC, PSI in Ecuador, FUT and ASTAC state that: (i) the Constitutional Court has still not handed down any ruling on the application for the extraordinary protection order submitted by the Ministry of Labour to overturn the ruling which enabled ASTAC to obtain registration as a branch union, and so ASTAC is unable to perform its activities; (ii) a complaint has been submitted to the Committee on Freedom of Association in relation to the registration of SITACE; and (iii) ROL 2025 maintains the prohibition on establishing branch unions composed of workers from several enterprises. The Committee observes that section 3 of ROL 2025 defines first-level labour organizations as those composed of workers in a dependent employment relationship with the same employer and those composed of workers in the same profession, trade or activity, who pursue a common aim, such as vocational training or culture or education of a general nature or applied to the corresponding branch of activity. The above-mentioned organizations consider that these regulations are not enough to guarantee the establishment of organizations by branch of activity in the broad sense, that is to say, composed of workers from different enterprises. The Committee requests the Government to describe the impact of ROL 2025 on the exercise of the right of workers from different enterprises to establish first-level trade union organizations. Underlining the recommendations of the Committee on Freedom of Association (Cases Nos 3148 and 3437), and also the conclusions of the Conference Committee on this matter, and once again emphasizing that, under Articles 2 and 3 of the Convention, the possibility for workers to establish, if they so wish, first-level organizations at a higher level than the enterprise constitutes a basic element of freedom of association, the Committee: (i) expresses the expectation that the Constitutional Court will be able to take account of the Committee’s comments on the creation of first-level trade union organizations composed of workers from various enterprises; and (ii) strongly urges the Government to take the necessary steps without delay to ensure full recognition, in law and in practice, of the right of workers from various enterprises to establish first-level trade union organizations. The Committee requests the Government to provide information on this matter, including on the applications for registration which are waiting to be accepted.

Article 3. Compulsory time limits for convening trade union elections. The Committee recalls that Ministerial Decision No. MDT-2024-012 of 2024, which approved ROL 2024, repealed section 10(c) of the Regulations on labour organizations No. 0130 of 2013 (ROL 2013), which provided that trade union executive committees shall lose their powers and competencies if they do not convene elections within 90 days of the expiry of their term of office as defined by their own constitutions. The Committee asked the Government to provide information on the application of ROL 2024 in practice, which establishes that if the executive committee of a trade union has reached the end of the period for which it was elected, it will continue in office until it is legally replaced. The Committee notes that ROL 2025 repealed ROL 2024. The Committee notes that PSI in Ecuador, the FUT and ASTAC indicate that: (i) ROL 2025 once again established the prohibition on the automatic or tacit extension of trade union executive committees and that on no account could union leaders remain in office beyond that period (section 14 of ROL 2025) (organizations are obliged to convene general elections at least 90 days before expiry of the current term of office); (ii) the sixth general provision of ROL 2025 provides that union executive committees which are in a period of extension shall be invalidated in the register of the Ministry of Labour; and (iii) the prohibition on extensions of terms of office, combined with the cancellation of the registration of extended executive committees, would impose a standstill on union activity and create a violation of the rights of representation and action of trade union organizations. The Committee notes that the Government, in reply to these observations, indicates that: (i) ROL 2025 establishes mechanisms, procedures and requirements that ensure the observance of internal democracy in trade unions and the rotation in office of their leaders, in full accordance with the provisions of the legislative system; (ii) ROL 2025 ensures legal certainty in establishing clear procedures, specific deadlines and uniform criteria for revision, avoiding discretionary or arbitrary aspects which created uncertainty in labour organizations in past years; and (iii) the Ministry of Labour does not intervene in the internal affairs of the organizations, or in their election or re-election processes, other than verifying that union rules observe the principles of legality, equality and democratic participation established by the legislative system. While duly noting these indications, the Committee notes with concern the impact that the provisions of ROL 2025 may have on the capacity for action of trade union organizations and hence on the exercise of the rights established in the Convention. The Committee recalls once again that, under Article 3 of the Convention, trade union elections are an internal matter for the organizations and must be governed by the unions own rules, which should also specify the consequences of any delay in holding union elections. The Committee also recalls that it considers that any legislative provision, irrespective of its form, which restricts or prohibits re-election to trade union office is incompatible with the Convention (2012 General Survey, para. 107). The Committee urges the Government to take the necessary steps to ensure the conformity of the regulations in force with the Convention. The Committee requests the Government to provide information in this regard.

Requirement of Ecuadorian nationality to be eligible for trade union office. The Committee urged the Government to amend section 459(4) of the Labour Code, which establishes the requirement of Ecuadorian nationality to be eligible for holding office in an enterprise committee. The Committee notes with regret that, despite its repeated comments, the Government once again reiterates that the prohibition only applies to officers of enterprise committees, not to other forms of association. The Committee recalls that it indicated in its previous comments that: (i) under the terms of the Labour Code, enterprise committees are one of the forms that trade unions can take within an enterprise; (ii) under Article 3 of the Convention, all workers’ and employers’ organizations shall have the right to elect their representatives in full freedom and the national legislation should allow foreign workers to take up trade union office, if so permitted by the organization’s constitution and rules, at least after a reasonable period of residence in the host country. The Committee once again strongly urges the Government to amend section 459(4) of the Labour Code in order to bring the legislation into conformity with the Convention, and requests the Government to provide information on any developments in this regard.

Election as officers of enterprise committees of workers who are not trade union members. The Committee previously asked the Government to hold consultations with the social partners on the need to amend section 459(3) of the Labour Code (which provides that the role of officer of an enterprise committee may be filled by any worker, whether or not a union member) to bring it into full conformity with the principle of trade union independence. The Committee notes with regret that the Government does not report any progress in relation to its requests. The Committee observes that PSI in Ecuador and the FUT claim that this provision is being used as grounds for obstructing the establishment of branch unions by arguing that an enterprise committee must be composed solely of representatives of the various branches of activity within the same enterprise. The Committee once again requests the Government to hold consultations with the social partners with a view to amending section 459(3) of the Labour Code to bring it into full conformity with the principle of trade union independence and to provide information on any developments in this respect.

Application of the Convention in the public sector

Article 2. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. With regard to section 11 of the Basic Act reforming the legislation governing the public sector (the Basic Reform Act), adopted in 2017, which excludes certain categories of public employees from the right to organize, especially those under contract for occasional services, those subject to free appointment and removal from office, and those on statutory fixed-term contracts, the Committee urged the Government to take the necessary measures to bring the legislation into line with the Convention so that all workers, with the sole possible exception of members of the police and the armed forces, have the right to establish and join organizations of their own choosing. The Committee asked the Government to provide information on the impact that the additional requirements set out in ROL 2024 regarding the establishment of trade unions have had in practice. The Committee notes with regret that the Government once again merely indicates the applicable legislation without reporting any measure adopted to bring the legislation into conformity with the Convention. The Committee notes that the ITUC, PSI in Ecuador and FUT reiterate their concern at the lack of any progress in this respect. The Committee also notes that ROL 2025 maintains the two additional requirements introduced by the repealed ROL 2024 for trade unions to obtain legal personality (proof of observance of the applicable labour regulations for the establishment of first-level organizations in public institutions and a report of the labour inspector notified to the employer). The Committee once again strongly urges the Government to take the necessary measures to bring the legislation into line with the Convention so that all workers, with the sole possible exception of members of the police and the armed forces, have the right to establish and join organizations of their own choosing. It requests the Government to report any measures adopted in this regard, and once again requests it to provide information on the impact that the additional requirements introduced by ROL 2024 and maintained in ROL 2025 have had in practice.

Right of workers to establish organizations of their own choosing without previous authorization. Organizations of public servants other than committees of public servants. With regard to the provisions of the Basic Reform Act, which stipulate that committees of public servants, which must be composed of 50 per cent plus one of the staff of a public institution, are responsible for defending the rights of public servants and are the only bodies that can call a strike, the Committee asked the Government to take the necessary steps to ensure that the legislation does not restrict recognition of the right to organize to the committees of public servants as the sole form of organization. The Committee notes with regret that the Government merely indicates the changes in the legislation applicable to the public sector and does not provide any information on the measures requested. The Committee notes that the CUT expresses regret that the Government has not taken account of the Committee’s requests. The Committee once again recalls that, under Article 2 of the Convention, trade union pluralism must be possible in all cases, and that no organization of public servants should be deprived of the essential means of defending the occupational interests of its members, organizing its administration and activities, and formulating its programmes. The Committee once again urges the Government to take the necessary steps to ensure that the legislation does not restrict recognition of the right to organize to the committees of public servants as the sole form of organization and strongly hopes that the Government will provide information on any measures taken in this respect.

Article 3. Right of workers’ organizations and associations of public officials to organize their activities and formulate their programmes. In its previous comment, the Committee strongly urged the Government to take the necessary measures to amend section 346 of the Basic Comprehensive Penal Code, which provides for a term of imprisonment of one to three years for stopping or obstructing the normal provision of a public service, so as to prevent the imposition of criminal penalties on workers engaged in a peaceful strike. The Committee notes the Government’s reiteration that criminal penalties are only imposed in cases where the exercise of the right to strike by public servants does not respect the law and completely obstructs access to public services for the general population, leads to acts of violence or results in damage to public property. The Committee notes with regret that no measures have been adopted, firstly, to amend section 346 of the Basic Comprehensive Penal Code and ensure that the application thereof will not involve criminalization of peaceful protests or, secondly, to draw the attention of the National Assembly to its comments. The Committee once again strongly urges the Government to take the necessary measures to amend section 346 of the Basic Comprehensive Penal Code in the manner indicated and, until such time as those steps have been taken, to ensure that the Basic Comprehensive Penal Code is not used as a means of criminalizing peaceful social protest. The Committee once again requests the Government to provide information on any measures adopted in this regard and invites it to draw the National Assembly’s attention to these comments.

Article 4. Dissolution of associations of public servants by the administrative authorities. In its previous comments, the Committee urged the Government to ensure that the provisions of Decree No. 193, which establish that engagement in party-political activities constitutes grounds for administrative dissolution, are not applied to associations of public servants. The Committee notes with regret that the Government merely refers to the legislation applicable to organizations of public servants, without providing specific information on the issue raised by the Committee regarding Decree No. 193. The Committee notes that PSI in Ecuador and the FUT indicate that the Decree has not been amended and that since associations of public servants continue to be classified as “social organizations” they may be subject to administrative dissolution. The aforementioned organizations also indicate that the second provision reforming the Basic Act on social transparency (LOTS), promulgated on 26 August 2025, establishes grounds for the administrative dissolution of social organizations which could also be applied to social organizations registered for trade union purposes. Once again recalling that Article 4 of the Convention prohibits the suspension or administrative dissolution of associations of public servants, the Committee strongly urges the Government to ensure that the rules of Decree No. 193 and the rules established in the LOTS on the dissolution of social organizations do not apply to associations of public servants whose purpose is to defend the economic and social interests of their members.

Administrative dissolution of the National Federation of Education Workers (UNE). In its previous comments, in the same way as the Conference Committee, the Committee asked the Government to: (i) take all possible measures to register the UNE without delay; (ii) provide information on the ruling handed down by the Specialized Administrative Dispute Chamber of the National Court of Justice regarding the proceedings under way, and on the possibility of the Government reviewing its own acts in order to overturn the dissolution of the UNE; and (iii) ensure the full return of the property seized as well as the removal of any other consequences resulting from the administrative dissolution of the UNE and provide information in this regard. The Committee notes that the Government reiterates information provided previously and indicates that in 2021 it granted legal personality to the UNE-E, and so the UNE is constituted as a social organization, not as a trade union organization. The Committee observes that the ITUC, PSI in Ecuador and FUT indicate that: (i) no progress has been made on the restitution of the registration of the UNE as a trade union organization, or on the restitution of its property and rights; (ii) there is no progress on the proceedings under way in the National Court of Justice or on the possibility of the labour authority reviewing its own acts; and (iii) the UNE-E is a separate organization from the UNE and its registration cannot be regarded as an action having the aim of complying with the Committee’s requests. Noting with regret the lack of progress in relation to its requests, the Committee once again reiterates its previous comments.

The Committee notes with particular concern that the vast majority of workers covered by the Convention are still unable to establish and join organizations of their own choosing, subject only to the rules of the organizations concerned. Observing that the Government has indicated its agreement to receive the direct contacts mission, the Committee strongly hopes that the implementation of the mission, combined with technical assistance from the Office, will mark the beginning of the exhaustive revision of the collective labour legislation in line with the requests of the Conference Committee relating to the present Convention and Convention No. 98.

[The Government is asked to reply in full to the present comments in 2026 .]