Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ecuador (Ratification: 1962)

Article 1 of the Convention. The Committee notes with interest that the regulations issued under the Cooperatives Act, pursuant to which married women require the authorization of their husbands to be members of agricultural housing and family vegetable garden cooperatives, were repealed by the Basic Act on the social and solidarity economy and the social and solidarity financial sector of 11 May 2011. The Committee observes, however, that the Government has not sent any information on progress made with regard to the adoption of the new Labour Code. The Committee requests the Government to take the necessary measures to include a provision in the new Labour Code prohibiting both direct and indirect discrimination based on at least all of the grounds set out in Article 1(1)(a) of the Convention in respect of access to employment, vocational training and guidance and terms and conditions of employment for all workers, including domestic workers and workers in export processing zones.

Sexual harassment. The Committee recalls its previous observations noting that sexual harassment is addressed only under the Penal Code, and inviting the Government to take appropriate legislative measures to define and prohibit sexual harassment in employment and occupation. The Government refers to article 331 of the Constitution, which prohibits harassment or violence against women at work and indicates that the Committee’s observations will be taken into account in any reform of the Labour Code. The Committee recalls that the definition should include both quid pro quo and hostile environment harassment, define those responsible for harassment, such as employers, supervisors and work colleagues and, where possible, clients or other persons linked to the performance of work (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794). The Committee once again requests the Government to take the necessary measures to include a provision in the Labour Code defining and clearly prohibiting sexual harassment. It requests the Government to consider including a requirement for employers to adopt measures to prevent sexual harassment in the workplace. The Committee also requests the Government to provide information on any other measures adopted with a view to preventing sexual harassment. It further requests the Government to provide information on the number of complaints of sexual harassment at work that have been brought before the administrative or judicial authorities, the penalties imposed and compensation awarded, and also copies of the most relevant rulings issued.

The Committee is raising other points in a request addressed directly to the Government.