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

1. The Committee has examined the codification of the law on compulsory social insurance, approved on 15 March 1988 (the text of which was transmitted by the Government together with its report) and noted with interest certain improvements in the national social security scheme, resulting from that codification. The Committee also noted that, since 1986, agricultural workers are covered by the compulsory insurance scheme and that retirement pensions are to be reviewed annually by decision of the Higher Council of the Ecuadorian Social Security Institute. The Committee hopes that the Government in its next report, will be able to supply statistical information on such review, set out in accordance with the report form for this Convention, under Article 29. The Committee also hopes that the report will contain statistical data on the number of persons effectively protected and on the amount of the benefits granted in respect of the various contingencies, to enable the Committee to determine whether the rates set under the Convention are still attained.

2. With regard to its earlier comments concerning Article 34, paragraph 2, of the Convention (prescribed procedures permitting claimants to appeal in the event of refusal of benefit or contestation and to be represented by a person of their choice or by a trade union delegate), the Committee notes from the information supplied by the Government and the relevant articles of the above-mentioned codification that all disputes arising in connection with entitlement to benefits or the rights and duties of the insured and employers are dealt with administratively by authorities such as the Benefits and Credit Commissions, the National Board of Appeals and the Director-General or National and Regional Directors of the Ecuadorian Social Security Institute, in accordance with the statutes and regulations in force. The Committee requests the Government to supply the text of those statutes and regulations together with its next report.

3. The Committee further requests the Government to supply the information required under Article 4, paragraph 2 of the Convention concerning the temporary exceptions of which Ecuador availed itself in ratifying this instrument.