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Repetition Parts I and II of the Convention. Improvement of standards of living. The Committee notes the communication by the Ministry of Economic and Social Inclusion included in the report received in September 2008. The communication summarizes the new social development model discussed in the Constituent Assembly and the main social programmes implemented by the Government. The Committee hopes that the Government will include in its next report an updated assessment of the manner in which it is ensured that “the improvement of standards of living” has been regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention) and provide information on the results achieved in the campaign against poverty.Articles 4 and 5. In reply to the direct request of 2005, the Government reiterates that the coverage of social security services has been extended to the rural population. The Banco de Fomento and other credit institutions promote small producers by making it easier for them to acquire inputs and machinery. The Committee recalls that Article 5, paragraph 2, of the Convention provides that, to ensure minimum standards of living for workers, “account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education”. The Committee invites the Government to include information in its next report on the measures taken to secure, for independent producers and wage earners, conditions which will give them scope to improve living standards by their own efforts (see the other questions included in the report form for Article 5 of the Convention).Part IV. Remuneration of workers. Article 12. The Government refers in its report to the information communicated previously. The Committee previously stressed the need for measures to be adopted in order to regulate the amounts of advances on wages, including advances which may be made to a worker in consideration of his taking up employment and the need to establish the maximum amount of advances on wages to render any advance in excess of the amount laid down legally irrecoverable. The Committee reiterates its request that, in the next report, the Government provide information on the progress made in this regard.
Parts I and II of the Convention. Improvement of standards of living. The Committee notes the communication by the Ministry of Economic and Social Inclusion included in the report received in September 2008. The communication summarizes the new social development model discussed in the Constituent Assembly and the main social programmes implemented by the Government. The Committee hopes that the Government will include in its next report an updated assessment of the manner in which it is ensured that “the improvement of standards of living” has been regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention) and provide information on the results achieved in the campaign against poverty.
Articles 4 and 5. In reply to the direct request of 2005, the Government reiterates that the coverage of social security services has been extended to the rural population. The Banco de Fomento and other credit institutions promote small producers by making it easier for them to acquire inputs and machinery. The Committee recalls that Article 5, paragraph 2, of the Convention provides that, to ensure minimum standards of living for workers, “account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education”. The Committee invites the Government to include information in its next report on the measures taken to secure, for independent producers and wage earners, conditions which will give them scope to improve living standards by their own efforts (see the other questions included in the report form for Article 5 of the Convention).
Part IV. Remuneration of workers. Article 12. The Government refers in its report to the information communicated previously. The Committee previously stressed the need for measures to be adopted in order to regulate the amounts of advances on wages, including advances which may be made to a worker in consideration of his taking up employment and the need to establish the maximum amount of advances on wages to render any advance in excess of the amount laid down legally irrecoverable. The Committee reiterates its request that, in the next report, the Government provide information on the progress made in this regard.
1. The Committee notes the report received in September 2003 which contains information in response to its direct request of 1999. The Committee intends to pursue consideration of the effect given to Convention No. 117 taking into consideration the matters closely linked with its application which were raised on the application of the Employment Policy Convention, 1964 (No. 122), the Human Resources Development Convention, 1975 (No. 142), the Minimum Age Convention, 1973 (No. 138), the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the Worst Forms of Child Labour Convention, 1999 (No. 182).
2. Parts I and II of the Convention. Improvement of standards of living. The Committee would be grateful if the Government would include in its next report on Convention No. 117 an updated assessment on the manner in which it is ensured that "the improvement of standards of living" has been considered as "the principal objective in the planning of economic development" (Article 2 of the Convention) and provide information on the results achieved in the campaign against poverty.
3. Articles 4 and 5. The Committee wishes to receive updated information on the extension of cover of social security services to the rural population and the manner in which the Banco de Fomento and other credit institutions have made it easier for small producers to acquire inputs and machinery. Article 5, paragraph 2, of the Convention lays down that in ascertaining the minimum standards of living of workers "account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education".
4. Part IV. Remuneration of workers. The Committee refers to its comments relating to the application of the Protection of Wages Convention, 1949 (No. 95), and the Minimum Wage Fixing Convention, 1970 (No. 131). In previous comments on Convention No. 117, the Committee stressed the need for measures to be adopted in order to regulate the amounts of advances on wages, including advances that may be made to a worker in consideration of his/her taking up employment and the need to establish the maximum amount of advances on wages to render any advance in excess of the amount laid down legally irrecoverable. The Committee hopes that the Government’s next report will include indications on progress made in this respect (Article 12).
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.
The Committee notes the Government's report as well as the codification of the Political Constitution of the Republic of Ecuador (issued on 4 June 1984 as updated in January 1992) and the Act amending the Labour Code (Act No. 133, published on 21 November 1991). It requests the Government to supply information on the following points.
Article 12, paragraphs 1 and 2, of the Convention. The Committee notes that section 89 of the Labour Code has not been modified by Act No. 133 of 1991 and that it limits the repayment of advances to 10 per cent of the monthly remuneration. It requests the Government to indicate how the maximum amount of advances on wages, which may be repaid over a period of several months, is regulated.
Article 12, paragraph 3. The Committee hopes that, when the Government fixes the maximum amount of advances, it will also take measures to ensure that any advance in excess of the prescribed amount shall be legally irrecoverable.
Article 15. The Committee notes with interest that section 27, paragraph 8, of the Political Constitution stipulates that education at the primary level and the basic cycle of the secondary level is obligatory. It requests the Government to state at what age the obligatory education under this provision is to be finished, and to supply information on any laws or regulations enacted to implement this constitutional provision. The Committee also requests the Government to state which measures have been taken to prohibit the employment of persons below school-leaving age during school hours.