Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the detailed information supplied in the Government's report in reply to its earlier comments.

Article 3 of the Convention. The Committee requests the Government to supply information on the development and results of: (i) the micro-enterprise projects implemented through the Ministry of Labour; (ii) training for people in rural areas; (iii) measures taken by virtue of the General Regulations under the Agrarian Development Act, with particular respect to research programmes to promote, innovate, record and transmit the techniques and customs of indigenous, rural, coastal (montubias) and Afro-Ecuadorean communities, which maintain ancestral production systems, as well as on action undertaken as regards biodiversity.

Article 4. The Committee requests the Government to supply information on the implementation and results of the financing by the Banco Nacional de Fomento of small and medium producers (including the initiative centres of indigenous, coastal, Afro-Ecuadorean, rural and community organizations) and the agricultural loan insurance system. The Committee also requests the Government to supply information on state action to develop and profit the population, under the new Constitution, in respect of: (i) maintenance of ancestral possession of community lands, the award being granted freely, in conformity with the law (section 84(3)); and (ii) participation in the use, usufruct, administration and conservation of renewable natural resources to be found on their lands (section 84(3)).

Article 7. The Committee notes the Government's information indicating that, in conformity with the usual practice in the country, part of the salary or wage is payable to the family in its place of residence, whilst the other part is payable to the worker at his workplace, although the Labour Code contains no express provision in this respect. The Committee requests the Government to supply information on the measures adopted or envisaged to bring the legislation into line with practice.

Article 11. The Committee requests the Government to supply information on the results of the monitoring by the labour inspection services with a view to ensuring that wages are paid normally and regularly to workers, in conformity with the provisions of this Article of the Convention.

Article 12, paragraphs 1 and 2. The Committee notes the Government's reference to section 90 of the Labour Code, which provides for "limited withholding of remuneration by the employer". The Committee reminds the Government that, besides regulating the manner of repayment of advances on wages, Article 12, paragraphs 1 and 2, provide that the amount of advances which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority. The Committee therefore hopes that the Government will adopt in the near future the necessary measures to regulate the quantity of advances of wages, including advances which may be made to a worker in consideration of his taking up employment, in conformity with the provisions of the Convention mentioned above.

Article 12, paragraph 3. The Committee hopes that, when establishing the maximum amounts of advances on wages, the Government will also take the steps to render any advance in excess of the amount laid down legally irrecoverable.