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

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Ecuador (Ratification: 1969)

Article 1 of the Convention. Postponement by the employer of annual holiday with pay. In its previous comments, the Committee noted that section 74 of the Labour Code, which, under the terms of section 338, applies to agricultural workers, allows employers to deny, for one year, annual holiday with pay to workers who perform technical work or are in positions of trust and are difficult to replace for short periods, and it requested the Government to indicate the circumstances in which employers may take such decisions. The Committee notes that the information contained in the Government’s report does not respond to this question. The Committee once again requests the Government to specify the circumstances in which employers may decide to postpone the annual holiday with pay of agricultural workers for one year.

Article 3. Minimum period of service. In its previous comments, the Committee requested the Government to indicate the legal provisions specifying that the minimum period of service required for entitlement to annual holiday with pay is one year. In this regard, the Committee notes the Government’s indication that Ruling No. 35-2000, issued by the Second Chamber of the former Supreme Court of Justice, provides that workers who have not completed one year of service are entitled to holiday that is proportional to their period of service. The Committee notes this information.

Article 5(d). Exclusion of public holidays from annual holiday with pay. In its previous comments, the Committee noted that section 69 of the Labour Code provides that all workers are entitled to enjoy annually an uninterrupted period of 15 days of rest, including non-working days. The Committee further noted that, in accordance with Article 5(d) of the Convention, where appropriate, provision shall be made for the exclusion of public and customary holidays from the annual holiday with pay. The Committee notes that the Government has not provided any information on this subject. The Committee requests the Government to take the necessary measures to ensure the exclusion of public and customary holidays from annual holiday with pay.