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- TITLE: ECUADOR HUMAN RIGHTS PRACTICES, 1994
- AUTHOR: U.S. DEPARTMENT OF STATE
- DATE: FEBRUARY 1995
-
-
-
- Section 6 Worker Rights
-
- a. The Right of Association
-
- The Constitution and Labor Code provide most workers the right
- to form trade unions. However, public security and military
- officials and public sector employees in nonrevenue earning
- entities are not free to form trade unions. The 1991 labor
- code reforms raised the number of workers required for an
- establishment to be unionized from 15 to 30, which the
- International Labor Organization (ILO) Committee on Freedom of
- Association (CFA) considered too stringent a limitation at the
- plant workers council level.
-
- While employees of stated-owned organizations enjoy rights
- similar to those of the private sector, the law technically
- prevents the majority of public sector employees from joining
- unions or exercising collective bargaining rights.
- Nevertheless, most public employees maintain membership in some
- labor organization, and there are frequent "illegal" strikes.
- Despite official threats, the Government rarely takes action
- against striking public workers.
-
- Approximately 8 to 9 percent of the work force is organized.
- There are four large labor centrals or confederations, three of
- which maintain international affiliation. None of the main
- labor centrals is firmly connected to any one political party,
- and there are no ties between the Government and any labor
- union.
-
- There are few restrictions on workers' right to strike,
- although a 20-day cooling-off period is required before
- declaring a strike. The 1991 labor code revisions limit
- solidarity strikes or boycotts to 3 days, provided that they
- are approved by the Labor Ministry. In a legal strike, workers
- may take possession of the factory or workplace, thus ending
- production at the site, and receive police protection during
- the takeover. The employer must pay all salaries and benefits
- during a legal strike; the Labor Code protects strikers and
- their leaders from retaliation. The only significant strike in
- 1994 was at the Aztra sugar refinery. Workers closed down the
- plant to protest the sale of the company as part of the
- Government's modernization program. As noted in Section 1.a.,
- police killed one Aztra worker during street demonstrations
- related to the strike.
-
- b. The Right to Organize and Bargain Collectively
-
- Ecuador has a highly segmented labor market with a minority of
- workers in skilled, usually unionized, positions in state-run
- enterprises or in medium to large industries. Most of the
- economically active population is employed in either the
- agricultural sector or the urban informal sector; the vast
- majority of these workers are not organized. The Labor Code
- requires that all private employers with 30 or more workers
- belonging to a union must negotiate collectively when the union
- so requests.
-
- The new labor law streamlined the bargaining process in state
- enterprises by requiring workers to be represented by one labor
- union only. It prohibits discrimination against unions and
- requires that employers provide space for union activities upon
- the union's request. The law does not permit employers to
- dismiss a worker without the express permission of the Ministry
- of Labor, rulings which are not subject to judicial review. If
- the Ministry of Labor rules a dismissal as unjustified, it can
- require the employer to pay large indemnities or separation
- payments to the worker, although the reforms set a cap on such
- payments. The Labor Code provides for resolution of labor
- conflicts through an arbitration and conciliation board
- comprised of one representative of the Ministry of Labor, two
- from the union, and two representatives of management.
-
- The Maquila (in bond) Law passed in 1990 permits the hiring of
- temporary workers for the maquila industries only. While there
- is no express prohibition on association rights in the Maquila
- Law, in practice it is difficult to organize temporary
- employees on short-term contracts. Because the labor law does
- not consider the concept of the temporary worker, they do not
- enjoy the level of protection offered by the Labor Code. The
- maquila system allows a company and its property to become an
- export processing zone wherever it is located. Many such
- "zones" have thus been established; most are dedicated to
- textiles and fish processing.
-
- c. Prohibition of Forced or Compulsory Labor
-
- The Constitution and the Labor Code prohibit compulsory labor
- and there were no reports of it.
-
- d. Minimum Age for Employment of Children
-
- The law prohibits persons less than 14 years old from working,
- except in special circumstances such as apprenticeships. It
- requires those between the ages of 14 and 18 to have the
- permission of their parent or guardian to work. The law
- prohibits children between the ages of 15 and 18 from working
- more than 7 hours per day or 35 hours per week, and it
- restricts children below the age of 15 to a maximum of 6 hours
- per day and 30 hours per week. In practice, the Ministry of
- Labor is seriously lax in enforcement of child labor laws. In
- rural areas many children attend school only sporadically after
- about 10 years of age in order to contribute to household
- income as farm laborers. In the city many children under age
- 14 work in family-owned "businesses" in the informal sector,
- shining shoes, collecting and recycling garbage, or as street
- peddlers.
-
- e. Acceptable Conditions of Work
-
- The Ministry of Labor has the principal role in enforcing labor
- laws and carries this out with a corps of labor inspectors who
- are active in all 21 provinces. The Labor Code provides for a
- 40-hour workweek, a 15-day annual vacation, a minimum wage, and
- other variable employer-provided benefits, such as uniforms and
- training opportunities.
-
- The Ministry of Labor sets the minimum wage every 6 months in
- consultation with the Commission on Salaries, but Congress may
- also adjust it. Enforced by the Ministry of Labor, the basic
- minimum wage is not adequate to provide a decent standard of
- living for a worker and family. As of December, the minimum
- wage plus mandated bonuses provided a gross monthly
- compensation of approximately $120.50 (277,334 sucres). Most
- organized workers in state industries and formal sector private
- enterprises earned substantially more than the minimum wage and
- also received significant other benefits through collective
- bargaining agreements. The great majority of Ecuadorian labor,
- however, works in the large informal sector without recourse to
- the minimum wage or legally mandated benefits.
-
- The Labor Code also provides for general protection of workers'
- health and safety on the job. A worker may not leave the
- workplace of his own volition, even if there is a hazardous
- situation. The worker is allowed to request that an inspector
- from the Ministry of Labor come to the workplace and confirm
- the hazard; that inspector may then close down the workplace.
- The Government enforces health and safety standards and
- regulations through the Social Security Institute. In the
- formal sector, occupational health and safety is not a major
- problem. However, there are no specific regulations governing
- health and safety standards in the agricultural sector and, in
- practice, there is no enforcement of safety rules in the small
- mines which make up the vast majority of the mining sector.
- mines which make up the vast majority of the mining sector.
-