Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ecuador (Ratification: 1959)

The Committee notes the Government's report and the conclusions of the Committee on Freedom of Association concerning Case No. 1617 (287th Report, paragraphs 60-66, approved by the Governing Body at its 256th Session, May 1993).

The Committee recalls that its previous comments concerned:

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

- the requirement that 50 per cent of all workers in the public sector who are covered by the Labour Code, or in the private sector working in the social or public spheres, have to establish a single central committee in order to submit a draft collective agreement (section 230, as amended, of the Labour Code);

- the ban on collective bargaining for public sector workers who are not covered by the Labour Code and are not engaged in the administration of the State.

The Committee notes that the Government's report does not reply to its comments on the lack of protection against acts of anti-union discrimination at the time of recruitment and on the ban on collective bargaining for public sector workers who are not covered by the Labour Code and are not engaged in the administration of the State. It therefore urges the Government to reply to these points as soon as possible.

With regard to the requirement in amended section 230 of the Code, the Committee notes the Government's indication that this provision on collective bargaining in the public sector merely establishes that when there are several trade union organizations in an institution or enterprise and none of them represents 50 per cent of the workers, a non-permanent committee ("single central committee") must be set up with representatives from the various trade union organizations, and must represent at least 50 per cent of the workers.

The Committee again points out that the legislation should allow a trade union organization representing less than 50 per cent of the workers to negotiate collective agreements directly, at least on behalf of its members.

While noting the Government's statement that the draft reforms bring the national legislation into conformity with the Convention, it is bound to note with regret that they have still not been adopted despite the time that has elapsed.

The Committee once again urges the Government to take the necessary steps to ensure that the amendments to the national legislation ensure the protection of workers against acts of anti-union discrimination at the time of recruitment, allow a trade union organization representing less than 50 per cent of the workers to negotiate collective agreements directly, at least on behalf of its members; allow public sector workers who are not covered by the Labour Code and who are not engaged in the administration of the State to bargain collectively. The Committee asks the Government to inform it in its next report of progress in the adoption of the above-mentioned amendments to the legislation.