Documented violations - actual number of cases may be higher
Population:
Capital: Quito
Capital: Quito
Anti-union practices persisted. A number of employers were fined for violating the rights of domestic workers. The United Nations noted the existence of child labour, forced labour and other contemporary forms of slavery, along with the threats and attacks levelled against trade union rights defenders.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
On 30 September, a section of the police force attempted a coup d’état, attacking President Rafael Correa and holding him hostage for several hours. At the same time, trade union organisations were holding a series of protests against government measures to cut public workers’ benefits, including those of police officers.
The government remains hostile towards the trade union movement in the public sector. Numerous labour disputes during 2010 were linked to the discussion and approval of the laws on public companies and the public service, over which the National Assembly and public sector organisations had reached a consensus that the government subsequently ignored. The government did, however, offer some progress in terms of labour rights and announced the incorporation of the principle and elements of decent work as a key part of its social policy.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Quito
Capital: Quito
reported violations- 2011
Documented violations - actual number of cases may be higher
Trade union rights in law
Despite recent improvements, many excessive restrictions apply to trade union rights. The 2008 Constitution guarantees workers’ right to organise, however it also limits this right in the public sector by establishing that only one organisation can represent state employees. The membership threshold for forming a union is excessive, and the union has no role in an establishment where a works council works council 1. A body elected to represent the interests of workers within a workplace through communication and consultation with the employer e.g. concerning working conditions and health and safety issues. 2. A joint council composed of representatives of both workers and the employer for workplace-level discussions on matters of common interest. has more members than the union. In addition, only nationals may hold union leadership posts, and the Constitution restricts the re-election of union leaders.
Furthermore, while the right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is recognised, minority unions are not allowed to negotiate, and workers covered by the Civil Service and Administrative Careers Act have no collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
rights. Collective industrial disputes shall also, in all cases, be referred to conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
and arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
tribunals.
While the Constitution guarantees the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, in the private sector strikes can only be called at the company or factory level. Solidarity strikes and boycotts are also restricted to a maximum of three days. In addition, any action that paralyses certain public services is prohibited, and public servants having participated in such activities can be dismissed. The law also imposes prison terms on people participating in illegal stoppages or strikes.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
On 20 October 2008 a new Constitution came into force.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
The ILO considers that the protection guaranteed in the Labour Code covers anti-union discrimination: 1) at the time of recruitment; 2) during the course of a person's employment; and 3) on ending the employment relationship, since it addresses all measures of a discriminatory nature (dismissals, transfers, reduction of grades and any other measures that can have a negative impact on the worker).
Restrictions
Legal barriers to the establishment of organizations:
- >Excessive representativity or minimum number of members required for the establishment of a union
- The Labour Code establishes that a minimum of 30 workers is required to form a union or a works council. The ILO considers this number to be excessive. In addition, to form a works council, the approval of 50 per cent plus one of the workforce is required. If the works council has more members than the union, the latter has no power in the workplace.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- For all industrial relations matters in state institutions, the employees shall be represented by only one organisation.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- The law requires that only nationals of the country may hold leadership posts in trade unions. Also, the new Constitution requires that the leadership of trade union organisations be renewed, thereby restricting the option of re-electing leaders.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Excessive requirements in respect to trade unions' representativity or minimum number of members required to bargaining collectively
- Minority trade union organisations including not more than 50 per cent of the workers subject to the Labour Code cannot negotiate, on their own or jointly, on behalf of their own members.
Restrictions on the principle of free and voluntary bargaining:
- >Prohibition or limitation of collective bargaining at a certain level (local, regional, territorial, national; enterprise, industry, sector or general)
- Workers covered by the Civil Service and Administrative Careers Act do not have collective bargaining rights.
- >Compulsory conciliation and / or binding arbitration procedure in the event of disputes during collective bargaining, other than in essential services
- Collective industrial disputes shall, in all cases, be referred to conciliation and arbitration tribunals.
- >Authorities' or employers' power to unilaterally annul, modify or extend content and scope of collective agreements
- Some of the "Constitutional Mandates" arising from the National Constituent Assembly in 2008 have been used to impose limitations and modifications on collective agreements signed in public institutions, public sector enterprises and companies in which the State has a majority share.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised in the Labour Law.
Restrictions
Legal barriers to lawful strike actions:
- >Excessively long prior notice / cooling-off period
- The law restricts the right to strike in most sectors by requiring a 10-day cooling off period and, for some, such as agricultural workers, a 20-day period before strike action can be taken.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- Solidarity strikes and boycotts are restricted to a maximum of three days.
- >Restrictions with respect to the level or scope of a strike (e.g. (enterprise, industry and/or sector, regional and/or territorial, national)
- In the private sector, strikes can only be called at company or factory level, thereby denying the right to strike to federations and confederations.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- The Civil Service and Administrative Careers Act provides for the dismissal of public servants involved in paralysing public services, without affecting the right to take any other legal action that may apply.
- >Other legal provisions undermining the right to strike
- The law imposes prison terms on people participating in illegal stoppages or strikes.
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- The new Constitution prohibits any paralysis of the public services related to health, environmental sanitation, education, justice, the fire brigade, social security, electrical energy, drinking water and sewerage, hydrocarbon production, the processing, transport and distribution of fuel, public transport, post and telecommunications. It also states that the law will establish restrictions to ensure the functioning of those services.
- >Unreasonable or discretionary (i.e. without negotiation with social partners or absence of an independent authority in the event of disagreement) determination of the extent of the "minimum service" to be guaranteed during strikes in public services
- The law establishes the provision of minimum services in some sectors, which are to be determined, in the event of non-agreement between the parties, by the Minister of Labour.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Quito
Capital: Quito
reported violations - 2011
Documented violations - actual number of cases may be higher
In practice
Employers block unionisation: Employers continue to support the creation and operations of solidarista associations. The establishment of these workers’ associations is subject to the contribution of the employer they depend on, and are used in practice as a way of preventing the formation of trade unions or to weaken collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
.
See collective bargaining agreement
.
Child labour, forced labour: The Special Rapporteur on Contemporary Forms of Slavery, its causes and consequences, Ms Gulnara Shahinian, visited Ecuador from 25 January to 1 February. The Special Rapporteur highlighted the existence of child labour, practices akin to slavery, forced labour and servitude in Ecuador, especially on the banana and flower plantations, in the palm oil and gold mining sectors and the informal economy. Such practices largely involve people of African descent, indigenous peoples, children from poor families, women, asylum seekers, refugees and undocumented or illegally trafficked migrants. The Rapporteur welcomed the government’s genuine commitment and efforts to implement policies to tackle these serious problems.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Quito
Capital: Quito
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Protesting workers attacked at ERCO: Following trade union rights violations in 2009, ERCO, the Ecuadorian tire company, received a court order to reinstate the affected workers and pay them damages. The company, however, refused to recognise its obligations, leading to a protest being held in July by the 330 workers on the works councils at the plant based in Cuenca, in the province of Azuay. The national police blocked the workers’ access to the factory then used pepper gas and violence to disperse the demonstrators.
Representation dispute within CEOSL:
The representation dispute within the Ecuadorian confederation of free trade unions CEOSL (Confederación Ecuatoriana de Organizaciones Sindicales Libres) led to two leaders acting in the organisation’s name for almost 14 months. In 2010, a section of the CEOSL’s membership initiated judicial proceedings against the decisions taken by the National Electoral Council regarding the drawing up of a new statute for the organisation, which, among other reforms, forced it to change the rules on the election of its executive members.
Amid these divisions and disputes, a section of the CEOSL membership (over 800 delegates from across the country and the various affiliated organisations, from grassroots unions to federations) attended, on 27 May, the founding assembly of a new trade union confederation, the Confederación Sindical del Ecuador (CSE). The Ministry of Labour Relations registered the new union.
Fines for violating domestic workers’ rights: The Ministry of Labour Relations waged a campaign between March and July to monitor compliance with the labour rights of domestic workers. The campaign covered 24 provinces and four cities. A total of 46,820 people (employers and workers) took part and 13,592 inspections were conducted. Four hundred and fifty six notifications of non-compliance with the law on domestic workers’ rights were filed.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Quito
Capital: Quito
reported violations - 2011
Documented violations - actual number of cases may be higher