Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report for the period ending 1 September 2006, the activity report of the Ministry of Labour and Employment for the 2005-06 period, the activity report of the labour inspectorate of Pichincha for the period from 20 April 2005 to 12 April 2006, and the list of labour inspectorate staff at national level.

1. Financial cooperation and technical assistance for the establishment of an effective labour inspection system. In reference to its previous comments and the information available in the ILO, the Committee notes with satisfaction the successful outcome of the Government’s search for financial and technical cooperation, and the country’s integration into the ILO/FORSAT multilateral technical cooperation project for the strengthening of labour administrations, financed by the Ministry of Labour and Social Affairs of Spain and covering other countries in the region. It notes that labour inspection is one of the most important components of the project and that cooperation and assistance activities should be undertaken with a view to defining a legal and structural framework and determining working procedures and methods for an effective inspection system. The Committee notes with interest that an evaluation of the labour inspection services in the cities of Quito, Guayaquil and Cuenca was carried out within the framework of the abovementioned project between September and November 2005 and that its conclusions are to be applied to inspection services throughout the country. The evaluation highlighted the shortcomings and limitations of the inspection service, notably in respect of legislation, human resources and material means.

(i)    Part I of the report form. Legislation. The only legislation in existence concerning labour inspection consists of six sections of the Labour Code of 1937 which relate to the attributions and responsibilities of labour inspectors, and several other provisions in the same Code on the responsibilities of labour inspectors in various domains. Hence, there is no body of regulations governing the structure, organization, attributions and functions of the labour inspection system or the status, powers and obligations of inspectors, nor any legal provisions defining breaches of the legislation relating to working conditions and the protection of workers, and the penalties applicable.

(ii)    Article 3, paragraph 1(a), Articles 10 and 16 of the Convention. Human resources and coverage of requirements. The number of staff is considered insufficient. Moreover, certain labour inspectors are not specifically assigned to inspection services, and also carry out other duties in different departments of the ministry. Inspection visits are not planned, and those carried out are rare and performed on a reactive basis. Not all areas of the legislation are covered by labour inspection, most notably social security, and, due to a lack of training, occupational safety and hygiene.

(iii)   Article 11, paragraph 1(a). Working conditions of inspectors.  According to the evaluation report, the premises housing inspection services are inadequate and badly equipped, in such a way that the inspectors cannot carry out their duties or receive visitors in an appropriate manner. Moreover, computer equipment, a database and a filing system are needed.

(iv)   Article 11, paragraph 1(b). Transport facilities.  Inadequate transport facilities mean that labour inspectors have to rely on employers or workers for means of transport when performing their professional duties.

The Committee notes that the evaluation of the labour inspection system was based on the formulation of recommendations to be implemented in the short and medium term with a view to the strengthening of the system, in accordance with the principles set forth in the Convention. A draft law on the organic structure and the functions of the new Ministry of Labour and Employment, prepared with the support of the ILO within the framework of the FORSAT project, envisaged the creation of a labour inspection directorate at national level. Although this proposal was not followed up, it served as a basis for further discussions, and the creation of a labour inspection unit detached from the mediation services is currently envisaged.

The Committee also notes with interest that within the framework of the abovementioned project, a pilot inspection plan was proposed in 2005, aimed at bringing together a group of inspectors from the inspection services of the city of Guayaquil to carry out nothing but inspection duties, while the other inspectors would continue to carry out all the functions attributed to them by the Labour Code in force. The results of such a plan could allow for it to be extended to other regions of the country.

The Committee notes with interest that the ILO subregional office currently provides technical assistance to the Ministry of Labour and Employment with a view to the reform of the Labour Code and the establishment and implementation of a national occupational safety and health system, and that, according to the Government, measures have been taken to ensure the strict application of Articles 20 and 21 of the Convention. Information available in the ILO indicates that, within the framework of the FORSAT project, a new systematization of files and labour statistics is under way. Moreover, according to the Government, there are plans to put reports by regional labour directorates and various inspection services on the Ministry web site.

The Committee would be grateful if the Government would keep the ILO informed of any developments relating to actions taken following recommendations made by the ILO/FORSAT project and, with regard to the results of such actions, to communicate a copy of any relevant texts or documents. It requests the Government to provide a copy of the annual report on inspection activities, as soon as it is published.

2. Labour inspection and child labour. The Committee notes with interest the information available in the ILO which indicates that the number of inspectors responsible for child labour has increased. It also notes the training and awareness-raising activities in this area aimed at inspectors and other persons concerned. While noting that inspection visits were carried out in different areas of the country where children work, the Committee would be grateful if the Government would provide details of these inspection visits in the undertakings and activities covered by the Convention, and the results thereof.