Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its report. It notes the adoption on 30 November 2001 of the new Social Security Act. It asks the Government to indicate whether the new Act has come into force and, if so, to please provide detailed information on the extent to which the new legislation gives effect to each of the provisions of the Convention, as well as the information requested in the report form, including statistics. The Committee also requests the Government to supply any regulations that have been adopted to apply the new Act.

The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions, on which the Committee has been commenting for many years.

Part I (General provisions), Article 4, paragraphs 2 and 3, of the Convention. The Committee noted previously that the temporary exceptions of which Ecuador availed itself upon ratifying the Convention concerned employees in the agricultural sector. These workers were later incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986. The Committee requests the Government to indicate whether the agricultural workers covered by the special compulsory social insurance scheme for the agricultural sector are entitled under the new legislation to the same invalidity, old-age and survivors’ benefits as those granted to other categories of workers under the general scheme, and, if not, to specify the nature and level of the benefits granted to them. Finally, the Committee hopes that in its next report the Government will include the statistical information required by the report form under Articles 9, paragraph 2, 16, paragraph 2, and 22, paragraph 2, of the Convention (questions D or E), indicating in addition the number of agricultural workers covered under each branch.

Part V (Standards to be complied with by periodical payments), Articles 26 and 27 in conjunction with Articles 10, 17 and 23 (Amount of benefits) and with Article 29 (Review of benefits). In its previous comments, the Committee pointed out that the continuing absence of the information requested in the report form makes it impossible to ascertain whether the amount of the invalidity, old-age and survivors’ benefits attains the level prescribed by the Convention, and to assess the real impact of the pension increases, if any, in relation to changes in the general level of earnings or the cost-of-living index. The Committee is thus unable to assess whether Ecuador is fulfilling its obligation to keep the above social security benefits at the level prescribed by the Convention. The Committee hopes that the Government will make every effort to compile the relevant statistical information, availing itself of the ILO’s technical assistance, if need be, and to supply this information in its next report.

Part VI (Common provisions), Article 34, paragraph 2 (Right of appeal). In its previous comments, the Committee expressed the hope that, in view of existing practice, it would not be difficult for the Government to insert into the national social security legislation, when next revised, a provision explicitly guaranteeing the right of insured persons to be represented or assisted by a qualified person of their choice in appeals against refusal of a benefit or in complaints as to the quality or quantity of the benefit. The Committee asks the Government to indicate whether the new legislation makes explicit provision for this right and, if so, to indicate under which provision. The Committee again asks the Government to provide a sample of the form handed out by the Institute for complainants to write down their wish to be represented by a person of their choice in the resepective administrative proceedings.