Documented violations - actual number of cases may be higher
Ecuador - 2012
Population: 14,400,000
Capital: Quito
Capital: Quito
The lack of social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
in the public sector manifested itself once again in 2011, resulting in the dismissal of thousands of workers. Casualisation
casualisation
The practice of increasing the flexibility of the workforce by replacing permanent, full-time workers with workers on temporary, irregular contracts.
is still being used as a tactic to prevent union organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
. Child labour continues to be widely exploited in Ecuador.
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 - 2012
Background
A referendum was held in Ecuador on 7 May 2011, seeking approval for a range of constitutional reforms regarding the judicial system, security, the environment, banking and the media. The reforms were approved, paving the way for changes such as the dissolution of the Judicial Council, a highly controversial judicial body, and the setting up of a transitional body in its stead, which will be composed of five members, one of whom will be directly appointed by the president. A council of officials in charge of regulating the content of television, radio and the press will also be created. This new body could, in practice, represent an obstacle to freedom of the press.
There was growing opposition in 2011 to the increase in mining projects operated by big multinationals. Discontent was voiced over the lack of scientific rigour in the environmental impact studies and the failure to address the indigenous peoples’ demands regarding the right to prior consultation, granted to them by the constitution in force.
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: 14,400,000
Capital: Quito
Capital: Quito
reported violations- 2012
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: 14,400,000
Capital: Quito
Capital: Quito
reported violations - 2012
Documented violations - actual number of cases may be higher
In practice
Government deploys anti-union practices in public sector: The government maintained a hostile approach to trade union rights, organisations and their leaders in the public sector, showing contempt for their demands, rejecting all calls for social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
and negotiations to set working conditions, and making mass dismissals.
Tactics to stop organising and collective bargaining: Employers used a whole range of tactics to stop workers from attempting to organise and bargain collectively, such as not declaring their employees to the social security administration. Undeclared workers are not officially recognised as permanent employees and do not therefore have the right to organise.
Sluggish legal proceedings: All labour disputes are 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. The proceedings in courts of first instance are long and protracted, given the elaboration and /or clarification requirements. The disputes are then referred to courts of second instance, which are mired in red tape and take over four years to deliver a ruling.
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. The proceedings in courts of first instance are long and protracted, given the elaboration and /or clarification requirements. The disputes are then referred to courts of second instance, which are mired in red tape and take over four years to deliver a ruling.
Casualisation used to stop organising and collective bargaining: Both public and private employers deployed tactics such as labour subcontracting and the promotion of management-controlled “solidarista” associations to limit the exercise of the right to organise and 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
. In addition, temporary employees are not covered by the Labour Code and do not therefore have the same level of protection or trade union rights as other workers.
See collective bargaining agreement
. In addition, temporary employees are not covered by the Labour Code and do not therefore have the same level of protection or trade union rights as other workers.
Child labour in Ecuador: Although child labour is prohibited by law, it is a problem that extends across the country, including in its worst forms. The government is making a serious effort to eradicate it. The figures for 2011 nonetheless reveal that an estimated 367,000 minors aged between five and 14 years are working illegally.
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: 14,400,000
Capital: Quito
Capital: Quito
reported violations - 2012
Documented violations - actual number of cases may be higher
Violations
Mass dismissals without negotiation in the public sector: On 28 October 2011, the government laid off 3,029 public sector workers from all occupational segments and levels across the country, without following the legally established administrative procedures and without any dialogue with the workers or their trade union organisations. In many cases, the announcement of the dismissals was accompanied by hostile offensives by members of the security forces and the Labour Relations Ministry.
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: 14,400,000
Capital: Quito
Capital: Quito
reported violations - 2012
Documented violations - actual number of cases may be higher