Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 149) sur le personnel infirmier, 1977 - Equateur (Ratification: 1978)

Articles 2, 5 and 6 of the Convention. Employment and working conditions for nursing personnel – Consultations – Regulation of hours of work. The Committee notes the comments of the Ecuadorian Medical Federation, which were received on 29 June 2012 and transmitted to the Government on 29 August 2012, concerning the application of the Convention. According to the Federation, the provisions of the Organic Public Service Act (LOSEP) of 2010, particularly section 47(k) regulating compulsory redundancies, and Executive Decree No. 813 of 2011 setting out the procedure for such redundancies, run contrary to Articles 2, 5 and 6 of the Convention since they were adopted without social dialogue, provide no opportunity for workers to intervene whether administratively or judicially, and permit arbitrary dismissals of medical personnel. The Federation indicates that in 2011, approximately 5,000 public service workers, including medical personnel, were dismissed pursuant to the new legislation. In addition, the Federation alleges that the new laws have increased the working hours to eight hours per day, which violates constitutionally protected rights of workers engaged in dangerous and unhealthy occupations. The Committee also notes the report of the technical assistance mission undertaken by the Office from 15 to 18 February 2011, which noted possible discrepancies between the Labour Code and LOSEP and ratified ILO Conventions. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the Ecuadorian Medical Federation. Moreover, noting that a Constitutional Court ruling is pending on the constitutionality of LOSEP and also that the Government is considering labour law reforms based on the recommendations of the ILO technical assistance mission, the Committee requests the Government to keep the Office informed of further developments on these matters. Finally, the Committee requests the Government to provide its response to the Committee’s last comment formulated in 2009 addressing a number of issues concerning national law and policy with respect to nursing services and nursing personnel.