Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Labour Inspection Convention, 1947 (No. 81) - Ecuador (Ratification: 1975)

Other comments on C081

Observation

Direct Request

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Article 3 of the Convention. Functions of labour inspectors in the area of conflict resolution. In its previous comments, the Committee noted that the Labour Mediation Centre was in the process of being implemented, and asked the Government to report on the effective operation of the Centre, which would relieve labour inspectors of the duties relating to the settlement of labour disputes. In this regard, the Committee notes with interest the operationalization of the Labour Mediation Centre which has a team of mediators spread over five regions. The Committee asks the Government to provide information on whether all labour inspectors, including those working in more remote areas, have been relieved from the duties relating to the settlement of labour disputes.

Article 4. Organization and effective functioning of the system of labour inspection. Supervision and control of the system by the central authority. Further to its previous comments, the Committee notes that the Government indicates in its report that the Regional Labour Directorates, which have a unit assigned to the labour inspectorate in accordance with article 543 of the Labour Code, are placed under the Ministry of Labour, which will approve their regulations, rules, projects and work plans. It also notes that the Government indicates that among the powers of the Regional Labour Directorates are that of giving general rules of action to labour inspectors and special instructions in cases which require their intervention and that of ensuring the unification of the administrative jurisprudence of labour. In addition, the Committee notes that the document sent by the Government entitled “Integrated Management System of Inspections Project, Integral Inspector 2.0” (SGI-Project), prepared by the Ministry of Labour in August 2016, indicates that the purpose of this project is a better control and improved inspection services, indicating situations that make inspections lack strategic support, the lack of uniformity of criteria in the execution of integral inspections and in the application of sanctions, inadequate planning, the absence of a system for obtaining statistical data and the lack of adequate follow-up to close the inspection process. The Committee requests the Government to continue to provide information on the measures taken to ensure the effective functioning of the labour inspection system placed under the supervision and control of a central authority in accordance with Article 4 of the Convention. The Committee also requests the Government to continue to provide information on the implementation of the SGI-Project, in particular with regard to the solution of the problems identified in this project.

Article 12(1). Powers of labour inspectors. Further to its previous comments, the Committee notes that the Government indicates in its report that labour inspectors have the power to carry out the actions provided for in the subparagraphs of Article 12(1) of the Convention, with the exception of the provisions of subparagraph (iv) (to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose). The Committee also notes the Government’s indication that prior notices are not applied in the inspection procedure, since the purpose of the inspection visit is to check whether the company under examination complies with the legal provisions in force. In this regard, the Committee notes that articles 542 and 545 of the Labour Code provide that it is the responsibility of labour inspectors to visit factories, workshops, establishments, buildings of premises intended for work and workers’ housing, whenever they deem it appropriate. The Committee requests the Government to take the necessary measures to give effect to Article 12(1) (c)(iv), of the Convention.

Article 12(2). Notification of the presence of inspectors. Further to its previous comments, the Committee requests the Government to provide further information on the measures taken to give effect to Article 12(2) of the Convention in order to ensure that, on the occasion of an inspection visit, the inspector notifies the employer or his representative of his presence, unless he considers that such a notification may be prejudicial to the performance of his duties.

Article 13. Preventive functions of labour inspection. Further to its previous comments, the Committee notes the Government’s indication that: (i) labour inspectors who carry out inspection visits related to guaranteeing adequate occupational safety and health conditions are empowered to make pertinent recommendations related to changes in the structure or installation of the company; and (ii) in case of irregularities, the inspector shall issue a notification or a warning of sanctions which allows companies to rectify the non-compliance detected. The Committee requests the Government to specify the legislative provisions giving effect to Article 13 of the Convention, which provides that labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers.

Article 15(a) and (c). Obligations of inspectors. The Committee once again requests the Government to specify the legislative or other provisions giving effect to Article 15(a) and (c) of the Convention (concerning the ethical obligations of labour inspectors and confidentiality).