National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Articles 2 and 5 of the Convention. Strengthening of social dialogue and tripartite consultations. The Committee notes the Government’s report for the period ending September 2011. With reference to its previous comments, the Government indicates that consultations are held and communications sent in writing, as indicated in Paragraph 3(d) of Recommendation No. 152, which indicates that consultations may be undertaken through written communications, where those involved in the consultation procedures are agreed that such communications are appropriate and sufficient. The Government enumerates in its report the matters covered by written communications sent to the social partners during the course of 2009. The Committee also notes that the Ministry of Labour Relations is proposing to implement a project to strengthen social dialogue within the context of the National Labour Council. The Committee invites the Government to provide further information in its next report on the consultations held in relation to each of the matters covered in Article 5(1) of the Convention, with an indication of the content of the recommendations made by the social partners as a result of such consultations. In addition, the Government may indicate whether the National Labour Council undertakes activities related to the tripartite consultations on international labour standards required by the Convention.
Articles 2 and 5 of the Convention. Strengthening social dialogue and tripartite consultations. The Committee notes the Government’s reply for the period ending September 2010, and the response communicated by the International Organisation of Employers, in response to the previous direct request. The Government indicates that constitutional mandate No. 8, adopted in May 2008, had the objective to eliminate precarious forms of work and labour exploitation, such as outsourcing, employment provided through intermediaries and contracting on an hourly basis. In addition, the constitutional mandate strengthens the arrangement of the Ministry of Labour Relations. The Government declares that it is in constant dialogue with both employers and workers. The Committee invites the Government to provide detailed information on measures adopted to strengthen tripartism and social dialogue and to ensure effective tripartite consultations required regarding matters covered by the Convention.
Articles 2 and 5 of the Convention. Strengthening social dialogue and tripartite consultation. The Committee notes the Government’s report for the period ending September 2009. The Government states that there have been written consultations. The Government sends copies of communications to production associations and trade union federations. In a communication sent by the ILO to the Government in September 2009, the International Organisation of Employers (IOE) states that despite the great interest shown by Ecuadorian employers in strengthening relations and collaboration with the Government, real social dialogue and tripartite consultation as meant in the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), do not exist. In particular, the IOE refers to the adoption in May 2008 of Constitutional Mandate No. 8, which led to the elimination of subcontracting, labour intermediation and hiring by the hour. The IOE states that the most representative organizations of employers expressed reservations about the adoption of these provisions, on the grounds that the decisions were taken directly and unilaterally without consideration of all the parties’ comments. In view of the issues raised by the IOE, the Committee invites the Government to provide information on the measures adopted to strengthen tripartism and social dialogue on the subjects covered by the Convention.
[The Government is asked to reply in detail to the present comments in 2010.]
The Committee notes the detailed report provided by the Government for the period ending May 2001 and requests the Government to continue providing information in future reports on the consultations held in relation to Article 5 of the Convention, their frequency and, where appropriate, the nature of the resulting reports or recommendations.
The Committee notes with interest the Government's report for the period ending in May 1999. It notes in particular the detailed information on the consultations held on each of the subjects listed in Article 5, paragraph 1, of the Convention, which reflects the Government's efforts to ensure that the Convention is fully applied. It asks the Government to continue to keep it informed of such consultations in its future reports.
The Committee notes the Government's report for the period ending September 1997. The Committee notes that this report reiterates the comments made in the previous report without replying to the Committee's comments. The Committee recalls that it had expressed the firm hope the Government would intensify its efforts to ensure that effective consultations are held, as laid down in Article 2 of the Convention. The Committee requests the Government to take the necessary action to this effect in the very near future and trusts that, in its next report, it will provide information on consultations conducted with respect to the matters set out in Article 5, paragraph 1, of the Convention.
The Committee notes the Government's report and the indications provided with reference to the previous comments.
1. The Committee recalls that in its previous comments, referring to the observations made by a workers' organization, it noted that the consultations carried out in writing could be effective and expressed its confidence that the Government would be able to organize, in the near future, consultations which would be "effective" within the meaning of Article 2 of the Convention. The Government states that the Convention cannot make the Government responsible for the negligence and lack of interest shown by the organizations consulted which did not reply to consultations conducted in writing; the problem is not the form in which the consultation is carried out but the attitude of the participants in the procedures on this topic. The Committee notes the above, expressing its firm hope that the Government's efforts will be redoubled to ensure that the effective consultations required by the Convention take place to the satisfaction of all. It would be grateful if the Government would include in its next detailed report on the application of the Convention the information required in respect of consultations conducted on each of the points set out in Article 5, paragraph 1, in particular regarding the consultations at appropriate intervals on the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given (paragraph 1(c)), and on questions which may arise out of reports to be made to the International Labour Office under article 22 of the ILO Constitution (paragraph 1(d)).
2. The Government indicates that the technical cooperation project on the promotion of dialogue and social consultation is still under discussion. The Committee requests the Government, as it does in relation to the application of other Conventions (see for example the observation on Convention No. 122), to supply indications on the progress made in this matter.
1. The Committee notes the Government's report. It also notes the observations on the application of the Convention sent by the Ecuadorian Central of Class Organizations (CEDOC), as well as the Government's comments on them. The CEDOC alleges that the Government holds tripartite consultations only very rarely. It also asserts that the Government has not sought information from the workers' organizations concerning the items on the agenda of the 1995 Session of the International Labour Conference. With its report the Government sent a copy of the various communications sent to the employers' and workers' organizations (including the CEDOC, e.g. "Oficio" No. 146-94 of 16 August 1994 concerning an item on the Conference agenda), but states that it has received no comment in response. The Committee observes that consultations which the Government carries out by written communication may well be ineffective, contrary to what is requested by Article 2 of the Convention. In this connection the Committee recalls that in its previous comments it expressed the hope that the Government would be in a position to organize such consultations in the near future and that it would provide full information and details on consultations held concerning each of the items set out in Article 5, paragraph 1. It trusts that in the next report the Government will indicate the frequency of such consultations and the nature of reports and recommendations resulting from them.
2. With reference to its previous comments, the Committee notes that, since for the time being no international instruments have been submitted and that no unratified Conventions have been re-examined with a view to their ratification, there have been no consultations on these matters. The Committee recalls that the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification as appropriate, is required under Article 5, paragraph 1(c), of the Convention. The Committee trusts that the Government's next report will contain details of the measures taken to hold the consultations required by this provision of the Convention. Furthermore, the Committee has also recalled that the obligation to hold consultations, established in Article 5, paragraph 1(d), does not stop at simply transmitting the reports on ratified Conventions to the representative organizations. The Committee asks the Government to indicate the procedures for the consultations held on matters that might arise out of its reports.
3. The Committee notes that in the Government's plan of action "Agenda for Development 1993-96", dialogue and cooperation in the field of labour are to be encouraged. The Government states that a plan for technical cooperation in the field of labour is being prepared and will be implemented by the Ministry of Labour with technical and economic support from the ILO and the UNDP. The Committee notes with interest that the above plan's objectives include institutionalizing certain bodies involved in the dialogue on social and labour matters which concern the activities referred to in Article 5 of the Convention. The Committee trusts that in its next report the Government will indicate the action undertaken in the context of the above-mentioned assistance.
The Committee notes the information supplied by the Government in reply to its previous comments. It understands that the Government, which is undertaking consultations in writing, has only sought the opinion of the organizations of employers and workers on the matter set out in subparagraph 1(a) of Article 5 of the Convention (items included on the agenda of the International Labour Conference).
The Committee wishes to point out that the information supplied by the Government does not demonstrate that "effective" consultations, in the sense of the Convention (Article 2), are held on a regular basis.
The Committee trusts that the Government will be in a position to organize such consultations in the near future and that it will be able to supply full and detailed information on the consultations held during the period covered by the next report on each of the matters set out in Article 5, paragraph 1, and in particular on that covered by subparagraph 1 (c) (the re-examination of unratified Conventions), which was raised in its previous direct request (the Committee refers in this respect to its previous comment).
Please indicate the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes that the Government continues to encounter serious difficulties in the application of this Convention owing to economic circumstances. The Committee notes further the remarks of the Government in its report that practical circumstances, including the inability to initiate a dialogue between representatives of the Government and of organizations of employers and workers, impedes the ability of the Government to comply with its obligations under the Convention and, most notably, its obligation to hold the consultations required under Article 5, paragraph 1(c). The information supplied by the Government indicates that, in fact, such consultations have not taken place.
The Committee would like once again to point out that the above provision is intended to establish a continuous process under which non-ratified Conventions and Recommendations are reviewed at least once a year. The Committee again observes that where a programme is established over a certain period of time, representatives of the Government and of organizations of employers and workers have the possibility systematically of examining, in light of the changes which have occurred in national legislation and practice, those instruments which may be of interest for the country.
The Committee trusts that those circumstances invoked by the Government in its report will not, in future, prevent the holding of "effective" consultations provided for under Article 2 of the Convention.
The Committee, therefore, requests the Government to supply full and detailed information on the consultations that take place during the period covered by the next report on each of the matters set out in Article 5, paragraph 1, of the Convention and, in particular, with regard to subparagraph (c) of that paragraph.
The Committee notes the information supplied by the Government in response to its previous direct request. It notes that the Government continues to encounter serious difficulties in the application of this Convention owing to economic circumstances. The Committee notes further the remarks of the Government in its report that practical circumstances, including the inability to initiate a dialogue between representatives of the Government and of organisations of employers and workers, impedes the ability of the Government to comply with its obligations under the Convention and, most notably, its obligation to hold the consultations required under Article 5, paragraph 1(c). The information supplied by the Government indicates that, in fact, such consultations have not taken place.
The Committee would like once again to point out that the above provision is intended to establish a continuous process under which non-ratified Conventions and Recommendations are reviewed at least once a year. The Committee again observes that where a programme is established over a certain period of time, representatives of the Government and of organisations of employers and workers have the possibility systematically of examining, in light of the changes which have occurred in national legislation and practice, those instruments which may be of interest for the country.
The Committee trusts that those circumstances invoked by the Government in its present report will not, in future, prevent the holding of "effective" consultations provided for under Article 2 of the Convention.
The Committee, therefore, requests the Government to supply full and detailed information on the consultations that take place during the period covered by the next report on each of the matters set out in Article 5, paragraph 1, of the Convention and, in particular, with regard to point (c) of that paragraph.
The Committee notes the information supplied by the Government concerning Article 4, paragraph 2, and Article 6 of the Convention. It requests the Government to supply information on any further developments respecting the practical implementation of these two provisions.
The Committee also notes the comments made on the Government's previous report by the Ecuador Central of Working Class Organisations, which indicates in particular, that the Government cannot free itself from the obligation to hold the consultations required under Article 5, paragraph 1(c), by invoking the "economic circumstances of the Ministry and the country". The information supplied by the Government in its last report, in reply to the comments of the trade union, show that, for the same reasons, these consultations have still not taken place.
The Committee points out that the above provision is intended to establish a continuous process of re-examination of non-ratified Conventions and Recommendations at least once a year (Article 5, paragraph 2). According to a programme established over a certain period of time, this therefore involves the possibility of re-examining systematically, in the light of the changes that have occurred in national legislation and practice, the instruments that may be of interest for the country. The Committee trusts that the "economic circumstances" invoked by the Government will not in future prevent the consultations provided for in the Convention.
The Committee requests the Government to supply full and detailed information on the consultations that take place during the period covered by the next report on each of the matters set out in Article 5, paragraph 1, and, in particular, with regard to point (c) of that provision.