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

In its previous comments, the Committee noted the information supplied by the Ecuadorean Confederation of Free Trade Unions (CEOSL) concerning the application of Article 2, paragraph 2, of the Convention. The CEOSL considers that the amendment of section 168 of the Labour Code, introduced by section 29 of Act No. 133 to revise the Labour Code, creates a new category of workers, "industrial apprentices", whose pay may not be less than 75 per cent of the minimum subsistence wage for a period of not more than six months.

In reply to the CEOSL observations, the Government indicated that before the amendment of section 168 of the Labour Code the labour legislation did not provide for any wages to be paid to apprentices and that the purpose of the new provision was to ensure to the apprentice the payment of remuneration which may not be less than 75 per cent of the minimum subsistence wage but which may also be higher. In addition, Act No. 133 makes it compulsory, in apprenticeship contracts, for a written contract to be drawn up in the presence of the labour inspector, who will register it: 592 apprenticeship contracts, most of them in small-scale industries, were registered in 1992.

While noting this information, the Committee recalled that a wage lower than the minimum wage may be allowed for apprentices provided that in exchange they actually receive training during working hours and at the place of work which enables them to acquire skills in a trade or occupation. It asked the Government to indicate the measures taken or under consideration to ensure that persons holding an apprenticeship contract may be paid a wage lower than the minimum subsistence wage only if, in return, they receive effective training.

In its report, received late, the Government states that measures in this direction are in process of adoption. The Committee trusts that the Government will not fail to indicate in the near future the measures adopted to ensure that payment of a wage lower than the minimum subsistence wage for holders of an apprenticeship contract may be applied only in return for effective training.