Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the Government's report, and particularly the adoption of Act No. 133 to reform the Labour Code published on 21 November 1991.

The Committee takes due note of the new wording of section 490 of the Labour Code, under which the number of cases in which a strike can be called has been extended (paragraphs 4 to 7); the Committee nevertheless notes that the new Act introduces the following provisions which may raise problems with regard to the application of the Convention:

- the increase from 15 to 30 of the minimum number of workers required for the establishment of trade union associations, including works councils. Even though the minimum number of 30 workers would be acceptable in the case of sectoral trade unions, the Committee considers that the minimum number should be reduced in the case of works councils so as not to hinder the establishment of such bodies, particularly when it is taken into account that the country has a very large proportion of small enterprises and that the trade union structure is based on enterprise unions;

- decision by the Ministry of Labour, in the event of disagreement between the parties, on the minimum services to be provided in the event of a strike in services that are considered to be essential, even when the State is a party to the dispute.

The Committee also regrets that the above text does not contain amendments relating to the following provisions, which it has been pointing out for many years are incompatible with the requirements of the Convention:

- the prohibition placed on public servants from setting up trade unions (section 10(g) of the Civil Service and Administrative Careers Act of 8 December 1971);

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

- the requirement that members of the executive committee of a works council be Ecuadorian (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 433(11) of the Code).

The Committee notes the information supplied by the Government concerning the presentation on 22 May 1990 to the Secretariat of the National Congress by a member of the Congress of four draft amendments and two legal interpretations, the purpose of which is to bring the national legislation into conformity with the Convention. The Committee requests the Government to keep it informed of the progress of the draft texts before the legislature and to supply copies of them once they are adopted.

The Committee once again urges the Government to take the necessary measures in the near future to bring the law and practice into full conformity with the Convention and requests it to supply detailed information in this respect in its next report.

In addition, the Committee is addressing a request directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 79th Session.]