This paper deals with tripartite social dialogue in Ecuador and is divided into three chapters.
12 november 2019
Title: Tripartite social dialogue in Ecuador.
Author: María Belén Moreno Novoa
The first chapter consisted of a historical approach to labour matters in Ecuador, aimed at citing the most relevant events in relation to labour aspects, labour conflicts and production relations and, an attempt was made to mention the events linked to labour conflicts up to the present day in the country. Ecuadorian Labour Law is quite new in the country, as a current and independent norm, only in 1938 was published the first Labour Code that is still in force.
The International Labour Organization (ILO), its structure, related international conventions and related resolutions were reviewed. It is important to know its origin and the changes that have taken place within this organization throughout its hundred years of existence.
In the second chapter, the international sources of the Collective Labour Law were briefly listed, as well as those of the Collective Labour Law applicable to the Americas, to place us in an international context.
A regulatory review was conducted of the changes that have taken place in relation to labour issues in Ecuador since the Constitution of the Republic of Ecuador came into force in October 2008. An analysis was also made of the recommendations issued by the ILO Committee on Freedom of Association and the rulings handed down by the Constitutional Court of Ecuador.
As a third chapter, an analysis was made of the complaints related to ILO Conventions 87 and 98, which are classified in the fundamental conventions to guarantee the rights of human beings at work. Some cases submitted by Ecuador to the Committee on Freedom of Association were examined.
Lastly, a proposal was made to amend a single article of the Labour Code in order to formalize the space to be occupied by the concept and process of tripartite social dialogue in Ecuador. It also proposes the amendment of a ministerial agreement under which the National Labour and Wages Council, an existing body in Ecuador's labour legislation, would expand its functions and powers so that, in addition to setting wages, it would create opportunities for tripartite social dialogue.
These are main conclusions:
- According to the research carried out, tripartite social dialogue in Ecuador is a new issue. Tripartite social dialogue has tried to be introduced among the main actors, which are the Government, employers and workers, but so far it has generated little result. It has been limited to agreeing unanimously for once on the unified basic wage for a financial year. That has been the main motivation for developing this work, seeking to introduce changes in the current regulations so that the space for tripartite social dialogue in Ecuador can develop and expand its competencies.
- After one hundred years of existence, the ILO has achieved interference in member countries and in the case of non-member countries influences through the UN. Its recommendations have been taken up by Ecuador, perhaps at a less efficient pace than the conflicts have required. The space of the ILO in the member countries has expanded thanks to the soft regulations it has issued, as the large world organisations seek to comply with it, to generate a positive image in society. Social dialogue was repeatedly mentioned in the Millennium Declaration and emphasis was also placed on empowering the tripartite constituents as one of the ILO's competencies. Therefore, we understand that among the new challenges of the ILO are these concepts.
- Finally, in the case of Ecuador, the ILO has recommended, through the Committee on Freedom of Association, that a space for tripartite social dialogue be implemented for the resolution of labour conflicts. For the proposal presented, we have taken as a basis what is established in ILO Convention No. 144, which mentions that any of the parties may request that the consultation process in force in a country be modified.
