Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 4 of the Convention. Maternity benefit. In accordance with the information provided by the Government, workers insured under the rural workers’ social insurance scheme, part-time workers, workers in the maquila sector and public employees do not receive cash maternity benefits from the Ecuadorian Social Security Institute (IESS). Recalling that these categories of workers are not excluded from the protection guaranteed by the Convention, the Committee invites the Government to indicate what medical and cash benefits are provided to these workers during maternity leave and requests it to provide a copy of the relevant legal provisions.

Article 5, paragraphs 1 and 2. Right to nursing breaks. In reply to the Committee’s previous comments on the need to explicitly guarantee the right of women workers to nursing breaks, the Government once again refers to the provisions of section 155 of the Labour Code. However, the Committee recalls that this provision, since it was amended by Act No. 133 of 1991, no longer provides for the right of women workers employed in enterprises with over 50 workers to interrupt their work to nurse their child in accordance with the Convention. It does provide, however, that these enterprises are under the obligation to provide their staff with a crèche, either individually or together with other enterprises. The Committee emphasizes once again that, in accordance with this provision of the Convention, even where crèches are available at the workplace, to be able to use them, women must first have the right to one or more interruptions of work for the purpose of nursing, which should be guaranteed by the national legislation; furthermore, these interruptions are to be counted as working hours and remunerated accordingly.

The Committee reiterates the hope that the Government will be able to supplement subsection 3 of section 155 of the Labour Code, under which women who are nursing their child shall benefit from a working day of six hours, by specifying that this reduced working day shall be counted as a full working day and remunerated accordingly.

[The Government is asked to reply in detail to the present comments in 2010.]