Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee refers to the comments made under Convention No. 87, concerning protection against acts of anti-union discrimination at the time of contracting, as follows:

The Committee takes note of the Government's report and the discussions that took place in the Conference Committee in 1989.

The Committe notes that, at the Government's request, an advisory mission visited Ecuador from 27 November to 1 December 1989 to examine questions relating to the application of Conventions Nos. 87 and 98, among others. According to the mission report, the mission prepared jointly with the authorities of the Ministry of Labour and Human Resources drafts which would satisfy all the points raised by the Committee of Experts concerning freedom of association, and the authorities undertook to submit these texts to the appropriate parliamentary committees. The Committee notes that, according to the Government's report, these drafts are to be submitted immediately to Congress with the support of and recommendation for adoption expressed by the Executive.

The Committee has been pointing out that the following provisions of the legislation are incompatible with the requirements of the Convention:

- the prohibition placed on public servants from setting up trade union (section 10(g) of the Civil Service and Administrative Careers Act of 8 December 1971), although they have the right to associate and to appoint their representatives (section 9(h) of this Act);

- the requirement to be Ecuadorian for membership of the executive committee of a works council (section 455 of the Labour Code);

- the administrative dissolution of a works council when its membership drops below 25 per cent of the total number of workers (section 461 of the Code);

- the prohibition placed on unions from taking part in religious or political activities, with the requirement that provisions to this effect shall be included in the by-laws of the unions (section 443(11) of the Code);

- the penalty of imprisonment laid down by Decree No. 105 (7 June 1967) for the instigators of collective work stoppages and for those who participate in them;

- the lack of protection against acts of anti-union discrimination at the time of recruitment.

Furthermore, the Committee had noted the comments on the application of this Convention sent by the Ecuadorian Confederation of Class Organisations (CEDOC) in a communication of 22 January 1988. The CEDOC referred to a number of provisions which the Committee has already criticised, and pointed out that requirements not provided for in the legislation are imposed on public sector workers subject to the Labour Code, if they wish to establish trade union organisations (for example, that they must present work contracts and daily wage slips). In addition, the authorities make unnecessary observations and changes to the by-laws of incipient organisations and, according to the CEDOC, decisions concerning refusals to register are illegally delegated to officials of a lower category. Subsequently, on 13 April 1989, the CEDOC sent further comments stressing that General Clause 12 of the State's 1988-89 Budget obstructs collective bargaining. The Committee regrets that the Government has not replied in detail on these points.

The Committee requests the Government to inform it of progress in the passage of the drafts that have been submitted to Congress and expresses the hope that in its next report the Government will be in a position to indicate progress in the application of Conventions Nos. 87 and 98 and that it will send a detailed reply to the CEDOC's comments.