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

1. The Committee notes the comments submitted by the Latin American Central of Workers (CLAT) and the Government's reply.

According to the comments of the above-mentioned organization, the provisions of the Agreement of the Ministry of Labour and Human Resources No. 843 of 31 December 1990 do not comply with the provisions of Article 4 of the Convention and violate the terms of the resolution of the Constitutional Guarantees Tribunal published in the Official Register No. 118 of 29 January 1993. The aforementioned Agreement provides an extension of the working day for operators and supervisors of the national telephone service which can result in a serious reduction in hearing, loss of sight and irreversible damage to the central nervous system due to permanent exposure to noise and harmful gas emissions.

The Committee notes the resolution of the Constitutional Guarantees Tribunal on the appeal for unconstitutionality of Ministerial Agreement No. 843 brought by the National Union of Telephone Operators, Observation and Inspection of the Ecuadorian Telecommunications Institute "17 May" according to which the effects of section 1, part 14 of the Agreement were totally suspended.

In its comments, the Government indicates that it has proceeded to rectify the provisions of the instruments concerning the working day of telephone operators, including Agreement No. 843. The Committee notes section 3 of the Agreement of the Ministry of Labour and Human Resources No. 709 of 31 December 1993 which fixes the ordinary working day of telephone operators and supervisors at four and a half hours. Furthermore, under section 5 of this Agreement, a working day established previously with fewer hours than laid down in section 3 must be maintained without any modification.

The Committee requests the Government to supply information on the application of the measures set out in Ministerial Agreement No. 709 indicating whether they guarantee protection of telephone operators and supervisors against occupational hazards due to noise and air pollution.

2. With respect to various other provisions of this Convention, the Committee refers to the comments it made in a direct request sent to the Government in 1994.