Violence and Harassment Convention, 2019 (No. 190) - Ecuador (Ratification: 2021)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality and the elimination of violence and harassment, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration), 111 (discrimination in employment and occupation), 156 (workers with family responsibilities) and 190 (violence and harassment) together.

The Committee notes the observations of Public Services International (PSI) and the United Front of Workers (FUT, received on 2 September 2025, and the Government’s reply.

Part I. Conventions Nos 100 and 111

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 2, 3 and 5. National gender equality policy. The Government has provided information on: (1) training measures for women’s entrepreneurship (the “Let’s learn with inclusion and without discrimination” programme, with specialization in entrepreneurship and managerial techniques, and incentives for business plans; and the BanEcuador Financial Education Programme for the development of initiatives and access to financial products); (2) measures in the context of the “Purple Economy” Public Policy to facilitate women’s access to credit in the popular and solidarity economy, production credits and the financing of agro-productive activities through the “Super Rural Woman” programme; and (3) the award of the “Safe enterprise free from violence and discrimination against women label” to 92 enterprises between 2022 and 2025. The Committee also notes that, according to the 2024 National Employment, Underemployment and Unemployment Survey (ENEMDU), the “appropriate employment” rate was 41.4 per cent for men and 28.4 per cent for women. In this regard, the Committee notes that the National Gender Equality Agenda (ANIG) 2021–25 provides, among others, for measures to ensure the access of diverse women to full employment, credit and financial services, means of production, commercial networks, technology and ICTs. The Committee also notes the requirement for all enterprises to register their equality plans with the Ministry of Labour. The Committee welcomes the efforts made by the Government and requests it to continue providing information on the measures adopted to promote gender equality in employment and occupation, including within the framework of the ANIG 2021–25 and the adoption of enterprise equality plans, and on any developments in the employment rates of men and women.

National equality policy. Afro-Ecuadorian, indigenous and Montubio peoples. The Government refers to the ENEMDU 2024, according to which the ethnic group with the highest unemployment rate was Afro-Ecuadorians, followed by the mestizo population (10.2 and 4 per cent, respectively), while the Montubio and indigenous peoples were the groups with the lowest rates of “appropriate employment” (21.2 per cent and 13.9 per cent, respectively). The Committee requests the Government to provide detailed information on any measures envisaged or adopted, including within the framework of equality agendas, to promote the equality in employment and occupation of Afro-Ecuadorian, mestizo, indigenous and Montubio peoples.

HIV/AIDS. The Committee notes the information provided by the Government on the organization by the Ministry of Labour of awareness-raising workshops on the labour rights of groups requiring priority attention and/ or vulnerable groups. The Committee requests the Government to provide detailed information on the inclusion of subjects relating to discrimination on grounds of HIV/AIDS in the awareness-raising measures undertaken.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 3. Objective appraisal of jobs. Minimum wage-fixing machinery. The Committee welcomes the information provided by the Government on minimum wages, and particularly: (1) the plan to include objective appraisals with a gender perspective in future processes for the revision of sectoral minimum wages, taking into consideration the potential concentration of women at certain occupational levels; (2) its willingness to receive ILO technical assistance for the development of analytical methodologies for the classification of jobs from a gender perspective and the strengthening of institutional capacity for the regular evaluation of wages. The Committee notes that PSI and the FUT refer to a lack of clarity of procedures for the objective appraisal of jobs and indicate that, as section 5 of the Basic Act on equal wages for women and men refers to assessment factors, there is no further development of sub-factors or the procedure to be applied. In response, the Government emphasizes that it is planned to establish a sectoral working group on equal wages for women and men and that the objective appraisal of jobs will be carried out on the basis of training and awareness-raising measures on the value of jobs and through the complaints made in this regard. The Committee refers in this respect to the ILO guide “Promoting equity: Gender-neutral job evaluation for equal pay: A step-by-step guide”. The Committee requests the Government to provide information on any measures envisaged or adopted for: (i) the incorporation of the objective evaluation of jobs in the determination of minimum wages, taking into consideration the comments below on the National Labour and Wage Council (CNTS); and (ii) through the sectoral working group, the provision of detailed guidance to employers and workers on the process of the objective evaluation of jobs that is under consideration in line with the legislation that has been adopted.

Conventions Nos 100 and 111 – Application in practice

Article 4 of Convention No. 100. Cooperation with workers’ and employers’ organizations. With reference to the participation of the social partners, the Government refers to the National Labour and Wage Council (CNTS) as a key institutional space for the promotion of the principle of equal remuneration, and that the CNTS will participate formally in the Sectoral Working Group on Equal Wages (established in 2025), to which specialized technical support is being provided to strengthen public policies for the eradication of gender pay discrimination and the development of criteria for the determination of remuneration. The Committee also welcomes the fact that, under Ministerial Decision No. MDT-2025-084, gender parity is taken into account in the nomination and election of members of the CNTS and the social dialogue working groups that it establishes. The Committee refers in this respect to its request to ensure that all the most representative organizations of employers and workers can be members of the CNTS, as indicated in its comment on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee requests the Government to provide information on any support or assistance provided to the Sectoral Working Group on Equal Wages with a view to the application of the Convention.

Enforcement. Conventions Nos 100 and 111. The Government has provided information on: (1) the measures adopted by the Ministry of Labour to inform employers and workers of the rights, duties and prohibitions set out in labour law; (2) training for labour inspectors on equal remuneration and the objective appraisal of jobs with a view to detecting unjustified wage differences in contexts in which men and women are in different jobs, but perform work of equal value; and (3) between 2023 and 2025, 49 complaints were received on labour discrimination in the public sector (31 made by women and 18 by men), of which 48 were shelved. The Committee notes with interest that the Basic Act on equal pay for women and men of 2024 and its Regulations (Ministerial Decision MDT-2025-006) establish various requirements and complaint procedures, compliance with which is ascertained through the delivery of a compliance certificate. The Committee requests the Government to indicate whether, in view of the high number of complaints that have been shelved, it is envisaged to hold consultations with the most representative employers’ and workers’ organizations for the identification of potential challenges and difficulties in making and supporting complaints of discrimination in employment and occupation. The Committee also requests the Government to provide information on the compliance certificates issued under Decision MDT-2025-006. It further requests the Government to provide information on: (i) the number of cases of discrimination in employment and occupation dealt with by the competent authorities, where possible disaggregated by the grounds of discrimination invoked; (ii) the cases relating to wage discrimination or the failure to comply with the requirements set out in the Basic Act of 2024; and (iii) the outcome of the investigations carried out and the penalties applied.

Part II. Convention No. 156

Articles 1 and 3. Definition of dependent child and other family members. The Government has provided information on the categorization by age, filiation and kinship set out in sections 21 to 26 of the Civil Code, as well as elements such as parental responsibility, guardianship and tutorship, shared parental responsibility and the duties of parents in determining the dependent relationship. The Committee also notes that: (1) the Basic Act on the right to humane care (LODCH) of 2023 refers to care responsibilities in relation to “sons and daughters, direct dependants, other members of the direct family composed of various types of families who clearly require care or protection”; (2) the Basic Act on persons with disabilities (LOPD) of 2025 recognizes persons who are “direct substitutes”, “substitutes out of human solidarity” and “carers” according to the degree of family relationship and the level of disability of the person receiving care; and (3) certain measures relating to leave and flexibility set out in the following paras relate to care of the spouse, partner and relatives to the fourth rank of blood relations or the second rank of kinship, particularly in cases of persons with severe disabilities or catastrophic illness. The Committee notes this information, which responds to its previous request.

Article 3. National policy. The Committee notes the information provided by the Government on the measures adopted by the National Gender Equality Council (CNIG) and the Ministry of Labour for the dissemination and capacity-building on the National Agenda for Women and Gender Equality (ANIG) 2014–17 and to raise awareness of labour rights with a gender perspective in the context of the National Well-being Plan 2013–2017. The Government also refers to the adoption of subsequent national agendas, and the Committee notes that the ANIG 2021–25 establishes action lines to guarantee services and promote shared responsibility in the exercise of the right to care, including in the labour context, with objectives set for 2025. In this regard, the Committee notes with interest the various types of progress made at the legislative level: (1) the LODCH recognizes the “right to humane care” in the labour context and provides, among other measures, for the eradication of any type of discrimination against persons working in the public and private sectors who provide care in all its forms; (2) the Technical Standard on gender mainstreaming (2024) includes the reconciliation of personal, family and working life in internal institutional policies; and (3) the LOPD prohibits any discrimination against the family, substitute or carer of a person with disabilities. The Committee requests the Government to provide information on any evaluation of the results of the ANIG 2021–25 and the recently adopted legislation in promoting shared responsibility and preventing discrimination on grounds of family responsibilities, and on the manner in which they have been taken into consideration in the preparation of the ANIG 2025–29, that is currently under preparation.

Articles 4(a) and 7. Access tovocational guidance and training. The Government indicates that the vocational training and guidance measures adopted to enable workers with family responsibilities to be integrated or re-integrated into the labour force include further training programmes, inclusive vocational development centres, personalized vocational guidance services and skills and training workshops. The Government adds that other measures, such as the promotion of teleworking and flexible working, are contributing to helping workers with family responsibilities remain in their jobs. The Committee once again requests the Government to provide statistical data, disaggregated by sex, on the number of workers with family responsibilities who are benefiting from vocational guidance and training measures and programmes.

Article 4(b). Equality of opportunity and treatment in terms and conditions of employment and social security. Leave, flexible working arrangements and social security benefits. The Committee notes the statistical data provided by the Government on the public sector. It notes the recent amendments to the Labour Code (sections 152, 152.1, 152.2 and 155) and the LOSEP (sections 27, 28 and 33) increasing paternity leave to 15 days, adoption leave to 30 days, unpaid leave for childcare to 15 months and the reduction of working hours for breastfeeding mothers from 12 months from confinement to 15 months from the end of maternity leave. The Committee also notes: (1) paid leave of from three to eight days for domestic emergencies and the reduction of working hours for the care of family members with severe disabilities or catastrophic illness, and for the registration of children in education establishments (LOSEP, sections 27 and 33); (2) the protection of remuneration in the event of unjustified fault at work caused by a domestic emergency or force majeure (Labour Code, section 54); (3) support for the labour market integration of carers, and the right of substitute persons or carers to leave for two hours a day for the care of persons with disabilities (LOPD, sections 10, 11 and 58); and (4) various measures relating to shared responsibility for the financial transfer of State vouchers and financial assistance. The Committee notes that: (1) PSI and the FUT indicate that nursing leave is only provided for the mother (without the father being able to benefit from it in the event of the decease of the mother); (2) the trade unions and the Government’s reply refer to the provision of nursing rooms and child care services in the public and private sectors (sections 26 and 27 of the LODCH, MDT-2023-085 and MSP-2024-002). The Committee requests the Government to indicate whether: (i) in its new wording, section 152.2 of the Labour Code continues to provide that adoption leave is paid; and (ii) it is envisaged in future to amend the legislation to harmonize the leave and guarantees provided for in the public and private sectors in relation to sections 27 and 33 of the LOSEP and section 54 of the Labour Code and to continue promoting the sharing of family responsibilities. The Committee once again requests the Government to provide information on the number of men and women workers who avail themselves of the various types of leave and who have access to nursing facilities and childcare at the workplace.

Article 5. Services and facilities for the care of children and other family members. The Government has provided information on the number of beneficiaries of the services provided by Comprehensive Child Development Centres (CDIs) (care for children aged from one to three years) and the Growing with our Children Family Care Service (CNH) (family advisory services and care for children up to the age of three and for pregnant women). The Committee also notes that, according to the 2022 data on the provision of care services contained in the ANIG 2021–25: (1) there were 53.1 per cent of women users and 46.9 per cent of men users; (2) a high percentage of the population in categories requiring priority care do not have access to these services, and it is essential to extend their coverage within the framework of a comprehensive system based on the shared responsibility of the State, private enterprises and society in general; and (3) women are those who principally taken on the work of caring and sustaining life. The Committee notes in this regard that the LODCH (7th Title) and the ANIC 2021–25 (action line 1.1) envisage the establishment of an Integrated National Care System. The Committee welcomes the efforts made by the Government and requests it to continue providing information on the measures adopted to provide and expand the coverage of services for the provision of child care and for other persons in need of care, including within the framework of the Integrated National Care System. It also requests the Government to indicate whether it is planned to carry out a study on the impact of the services provided on the labour market integration of women and men with family responsibilities.

Article 6. Public understanding of the principle. The Government indicates that: (1) according to the Use of Time Survey (2012), the gap in unpaid work between women and men was over 20 hours a week; (2) the Ministry of Labour has organized workshops on labour rights from a gender equality perspective, with emphasis on priority needs groups and/or vulnerable groups; (3) the CNIG and CONADIS have carried out various technical assistance, training and research activities and the publication of materials; and (4) efforts are being made through care-givers committees (CPRCs) to raise awareness and empower carers and the families of persons with disabilities. The Committee also notes that the LODCH provides for measures for the promotion of the right to care (section 35). The Committee requests the Government to continue providing information on the measures adopted or envisaged to provide information and raise awareness of the principle of equality for men and women workers with family responsibilities.

Article 8. Termination of employment. The Government has clarified that the protection against discrimination related to productive roles also covers men. It refers in this regard to various legislative provisions, including: (1) section 152.1 of the Labour Code, under which a mother or father who avail themselves of paid or unpaid leave for child care cannot be dismissed on these grounds; and (2) the LODCH (sections 12 and 14) and the LOPD (section 58) refer to the prohibition of dismissal and reinforced employment protection. The Government indicates that in 2024 and 2025 six comprehensive inspections were carried out to verify the legislation on the protection of pregnant women, without identifying instances of non-compliance. The Committee requests the Government to continue providing information on any cases or investigations relating to the dismissal of workers for reasons of family responsibilities that have been dealt with by the competent authorities.

Articles 9 and 11. Participation of employers’ and workers’ organizations in the application of the Convention. The Government indicates that the participation of employers’ and workers’ organizations is ensured through prior consultation and social dialogue, technical commissions and specialized working groups, collective bargaining and the participation of these organizations in monitoring and evaluation mechanisms. It also refers to the inclusion of criteria relating to the reconciliation of work and family life and the award of the “Safe Enterprise Label” to enterprises which apply for it. The Committee notes that PSI and the FUT emphasize a lack of collective bargaining on the matters covered by the Convention, although they refer to the participation of trade unions in the formulation of the Basic Act to revise the Labour Code to dignify work at home, of 2025, which establishes guarantees for care of the children of homeworkers and will be supervised by the CNTS. The Committee requests the Government to provide information on any consultation, awareness-raising or negotiation measures adopted to ensure the participation of employers’ and workers’ organizations in the application of the Convention.

Application in practice. The Government has provided information on the activities carried out by various national equality councils for the implementation of equality and non-discrimination policies. It indicates in particular that the CONADIS participates in inspections with the Ministry of Labour to monitor the conditions of work of “substitute” persons covered by the LOPD. The Government also provides information on the case law on the rights of pregnant and nursing women under the LOSEP (ruling of the Constitutional Court No. 3-19-JP/20 and supplementary rulings) and the fact that entitlement to maternity leave is not cancelled by the death of the child (ruling of the Constitutional Court No. 878-20-JP/24). The Committee notes that PSI and the FUT place emphasis on the absence of application in practice of the use of leave and the shortage of care services. The Committee requests the Government to provide information on any cases of non-compliance with the relevant requirements for the application of the Convention identified by the labour inspection services or the competent authorities, and the penalties applied in such cases.

Part III. Convention No. 190

General. Legal framework. The Committee takes note below of the various recent legislative texts on violence and harassment at work, including Ministerial Decisions Nos MDT-2025-102 (Standard for prevention and response in any case of discrimination, violence and harassment at work in the private sector) and MDT-2025-093 (Standard for the prevention, protection and punishment of serious disciplinary breaches relating to discrimination, violence and harassment at work, and sexual harassment at work, in the public sector) which repeal Decisions Nos MDT-2017-0082 and MDT-2020-244.

Articles 1, 4(2) and 7. Definition and prohibition of violence and harassment in the world of work. The Government indicates that in 2024 amendments were adopted to the Labour Code (sections 46.1 and 44) and the LOSEP (sections 23, 24, a new section following section 24 and 48) to define and prohibit “violence and harassment” in a single concept, including any type of unacceptable behaviours and practices, whether a single occurrence or repeated, that result in physical, psychological, sexual, economic, political, symbolic or digital harm, including gender-based violence and harassment or for reasons of discrimination. It also includes, as acts of violence, failure to disconnect digitally, failure to comply with hours of rest, leave, holidays, the violation of the privacy of personal and family intimacy, and changes in work assignment without the explicit and written authorization of the workers with a reduction of pay. The Committee requests the Government to: (i) indicate whether the prohibition of “violence and harassment” also applies to the worker under section 46 of the Labour Code, of which the current wording appears to refer solely to harassment in subsection (j); and (ii) provide examples, where available, of cases in which conduct has been found to amount to “violence and harassment”, in accordance with the definitions referred to above.

Articles 2 and 3. Scope of application. The Committee welcomes: (1) the adoption in 2024 of the Basic Act for voluntary action, which recognizes the right of volunteers to carry out their activities under conditions of safety, health and free from sexual and psychological violence (section 7(i)); and (2) the indication in section 46.1 of the Labour Code and the new section following section 24 of the LOSEP, as amended in 2024, that workers, public officials and other persons in the world of work shall benefit from protection against violence and harassment, irrespective of their contractual situation in both the formal and informal economy, including persons undergoing training, interns, apprentices, dismissed workers, volunteers, persons seeking employment, job applicants and subcontracted workers, and the reference to violence and harassment through technological means. The Committee notes this information, which responds to its previous request.

Article 4(2). Inclusive, integrated and gender-responsive approach. The Committee notes the Government’s indication that action has started to be taken for the incorporation of the provisions of the Convention on accessible formats and that, in this respect, the Ecuadorian Vocational Training Service (SECAP) is implementing an inclusive approach that includes an intersectional analysis of cases of harassment and discrimination at work. PSI and the FUT also refer to the participation of trade unions in the formulation of certain legislative texts, but indicate that there continues to be a lack of institutionalized consultation and tripartite social dialogue machinery in this regard. The Committee requests the Government to continue providing information on any other measures that are adopted for the application of the provisions of the Convention on accessible formats and to indicate any measures adopted for the consultation of employers’ and workers’ organizations on the approach adopted to the implementation of the Convention.

Article 8. Appropriate prevention measures. The Committee notes the various indications provided by the Government, and particularly that the Ecuadorian Vocational Training Service (SECAP): (1) has trained its technical and administrative personnel on the identification of manifestations of violence and harassment that particularly affect workers in the informal economy, persons affected by mobility, women who are poor and are engaged in unpaid work, as well as persons who work on line, on digital platforms, telework and domestic work; (2) is coordinating with other institutions to give attention to cases; (3) has protocols through which complaints can be made by users and external users related to training processes; and (4) includes in its training the prevention and response to the risks of violence and harassment on digital platforms, teleworking and work on line. The Government adds that the labour inspection services can receive and deal with complaints by workers in the informal economy and that, within the framework of their general procedures, inspectors ascertain compliance with the rights of domestic workers and workers in other priority sectors. The Committee requests the Government to continue providing information on the measures that are being adopted, outside the context of training, to prevent and provide effective protection against violence and harassment in sectors, occupations and work arrangements that may be more exposed, including any specific action carried out by the labour inspection services.

Article 9. Employers’ responsibilities. The Committee notes the amendment of various legislative provisions, and particularly: (1) the requirements established in the public and private sectors, depending on the number of workers, for the application of guidance for the prevention and eradication of violence and harassment issued by the Ministry of Labour or the adoption of an internal protocol for the prevention and eradication of discrimination, violence and harassment at work (employers with ten or more workers) and a programme for the prevention of psychosocial hazards (section 42 of the Labour Code, MDT-2025-102 and MDT-2025-093); (2) the requirement for labour inspectors to consider violence and harassment among psychosocial risk factors when evaluating workplace hazards (section 545 of the Labour Code) and for public employers to take into account violence and harassment for the identification of occupational risks (section 23 of the LOSEP); (3) training in tripartite consultation and the right of workers to be provided with training on the prevention of violence and harassment (section 23 of the LOSEP) and the requirement for employers to undertake training processes on the subjects of gender equality, including the eradication of violence at work (section 46.1 of the Labour Code, MDT-2025-006 and MDT-2025-102). The Committee notes that PSI and the FUT indicate that trade unions have a very slender role in the design and implementation of workplace policies, and that there are no provisions on the inclusion of violence and harassment by occupational safety and health bodies. The Committee requests the Government to indicate: (i) the manner in which the participation of workers and their representatives is ensured in the formulation and adoption of protocols and rules on violence and harassment in the world of work; (ii) the measures adopted or envisaged for the publication by the Ministry of Labour of the guidance envisaged for employers with fewer than 10 workers by Decision MDT-2025-102; and (iii) whether it is envisaged to adopt legislative measures to require violence and harassment to be taken into account in the management of occupational safety and health and to provide detailed guidance on the identification of risks.

Article 10(a) and (h). Monitoring and enforcement. The Committee notes the information provided by the Government on: (1) the effect given to the provisions on the suspension of work and the closure of workplaces envisaged in section 436 of the Labour Code, in accordance with section 28 of Ministerial Decision No. MDT-2024-196 of the Ministry of Labour; (2) the adoption of Occupational Safety and Health (OSH) Regulations by Executive Decree No. 255 of 2024, section 9 of which empowers the authority responsible for labour to issue orders for the immediate suspension of work. The Committee also notes that, according to the Government’s indications, complaints of violence and harassment in the private sector are dealt with through focused inspections. The Committee requests the Government to provide information on the number of cases of violence and harassment in the world of work that come to the notice of the labour inspection services and other competent authorities, as well as the penalties applied and compensation awarded.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes that: (1) Ministerial Decisions Nos MDT-2025-102 and MDT-2025-093 establish complaint procedures for violence and harassment in the public and private sectors; (2) in these Decisions, as well as in the Labour Code and the LOSEP, as amended in 2024, the adoption of protection measures against reprisals and victimization is envisaged for complainants, victims, witnesses and informers. PSI and the FUT emphasize that in the public sector internal complaint procedures increase the risk of discretionary measures and reprisals in the case of complaints of violence and harassment. The Committee requests the Government to provide information on the application in practice of the protection measures that have been adopted in accordance with the Labour Code and the LOSEP (for example, by providing information, where available, on specific cases in which these measures have been applied). It also requests the Government to provide information on the reasons given for setting aside complaints in the public sector.

Article 10(f). Domestic violence. The Government indicates that the measures envisaged in sections 24 of the Labour Code and 33 of the LOSEP cover all “workers” in accordance with the constitutional principle of equality and that provisions were added in 2024 on paid and unpaid leave for workers recognized as parties to criminal procedures relating to feminicide and other gender-related violent deaths in order to fulfil administrative or judicial procedures. The Committee requests the Government to provide information, where available, on the number of women and men who have availed themselves of the right to leave in relation to domestic violence.

Article 10(g). Right of workers to remove themselves from work situations and the duty to inform management. The Committee once again requests the Government to indicate whether, in the event that they remove themselves from a work situation due to risks of violence and harassment, the workers concerned have the duty to inform management.

Article 11(a). Addressing violence and harassment in relevant policies. The Committee notes the information provided on the measures envisaged in the National Agendas 2021–25. The Committee requests the Government to provide information on any evaluation that is carried out of the measures adopted and results achieved in relation to the prevention and elimination of violence and harassment in the world of work through the various National Agendas and the consideration given to them in the preparation of future policies.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee welcomes the detailed information provided by the Government on the training carried out by various ministries on the gender perspective, occupational safety and health and the prevention of psychosocial risks and harassment at work, the prevention of violence against women, protocols for action and channels for action by enterprises, teachers, the personnel of decentralized government authorities and military and police personnel. Information is also provided on the means of facilitating access to training, the creation of the course on basic knowledge to prevent and eradicate violence against women for officials in public institutions and the emergency services, and the continuation of certification under the “Enterprise that is safe, free from discrimination against women label” in 2024 and 2025. The Committee notes this information, which responds to its previous request.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the Government’s very detailed first report. It wishes to recall that the Convention has a broad scope of application and aims to protect all persons referred to in its Article 2, and not only women, against violence and harassment in the world of work.

The Committee welcomes all the measures taken in the country, which demonstrate a commitment to eliminating violence and harassment in the world of work. In particular, it welcomes the following measures taken to implement the Convention: (1) the existence of legislative provisions requiring employers to adopt measures to prevent diverse forms of violence and harassment (Ministerial Agreement No. 2020-244, Labour Code and Organic Law to Promote the Violet Economy) (Article 9 of the Convention); (2) the measures to take into account violence and harassment in the management of occupational safety and health, including through the Psychosocial Risk Prevention Programmes and the Occupational Risk Prevention Plans required by law (Articles 9(b) and (c) of the Convention); (3) the provision of various mechanisms for remedies (such as compensation, recovery of employment or public apologies) and sanctions (Articles 10(b) and (d) of the Convention); and (4) the provision of privacy and confidentiality mechanisms in legislation and protocols for action (Article 10(c) of the Convention).

The Committee notes the observations provided by Public Services International (PSI) Ecuador, the United Front of Workers (FUT) and the Federation of Petroleum Workers of Ecuador (FETRAPEC), received by the Office on 31 August 2023. The Committee asks the Government to provide its comments in this respect.

General. Legal framework. The Committee takes note of: (1) the wide range of laws, regulations, directives, ministerial agreements and policies to which the Government refers to in its report and that cover various forms of violence and harassment in the world of work; (2) the binding of the State by a number of international treaties covering some aspects of the Convention, such as the Convention on the Prevention, Eradication and Punishment of Violence against Women (Convention of Belem do Para), which allows for a higher threshold of protection due to the application of the pro persona principle; (3) the Government's indication that the necessary reforms to apply the Convention are under consideration, including a number of legislative amendment initiatives that are under way. The Committee observes in particular that the Protocol for the Prevention and Resolution of Cases of Discrimination, Harassment at Work and/or Any Form of Violence against Women in Workplaces, established by Ministerial Agreement No. MDT-2020-244 (hereinafter the Prevention and Resolution Protocol), is relevant for the implementation of various Articles of the Convention, and according to the Government, it applies to both men and women despite the wording of its title. To ensure legal certainty and effective protection against violence and harassment, the Committee requests the Government to provide information on any measures envisaged to amend Ministerial Agreement No. MDT-2020-244 and the Prevention and Resolution Protocol as appropriate to clarify that both the Agreement and the Protocol are, as the Government indicates, applicable to both men and women. The Committee also requests the Government to provide information on the progress made on the various legislative processes under way, and it hopes that this will allow, as far as possible, the full alignment of legislation with the provisions of the Conventions.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee observes that a number of legal provisions refer to various behaviours and practices that could cover forms of violence and harassment in the world of work, although none of them covers the full range of forms covered by the Convention. The Government refers to section 46 of the Labour Code and to section 24 of the Basic Act on the Public Service (LOSEP), which define “harassment at work” as “any behaviour that threatens the dignity of a person, which is repeated and potentially injurious, committed in the workplace or at any time against one of the parties to the employment relationship or between workers, and which results in the person concerned being harmed, mistreated, humiliated, or which threatens or harms his or her employment status”. Furthermore, certain behaviours that could amount to violence and harassment in the world of work are prohibited under the Standard for the Eradication of Labour Discrimination (Ministerial Agreement No. MDT-2017-0082), such as intimidation, harassment, physical and/or verbal aggression, and defined in the Basic Comprehensive Penal Code, such as the offences of theft, harassment, acts of hatred and discrimination. The Committee also notes with interest that a number of legislative provisions referred to by the Government address forms of violence and harassment related to prohibited grounds of discrimination: (1) With reference to section 11(2) of the Constitution, the Labour Code and the LOSEP cover harassment at work based on several prohibited grounds of discrimination; (2) the Standard for the Eradication of Labour Discrimination in the Workplace covers acts committed on the basis of “gender identity, sexual orientation, age, disability, living with HIV/AIDS, ethnicity, having or developing a catastrophic illness, language, religion, nationality, place of birth, ideology, political opinion, migratory status, marital status, judicial background, aesthetic stereotypes, pregnancy and breastfeeding” (sections 2 and 6); and (3) the Basic Act on the Right to Human Care includes measures to prevent and eliminate harassment and violence against public and private sector workers exercising the right to care (sections 1 and 36).

The Committee notes that, in their observations, PSI Ecuador, the FUT and the FETRAPEC indicate that national legislation and practice disregard violence at work and exclude behaviours that are not repeated but that constitute harassment at work. The Committee requests the Government to clarify, with respect to the definition of "harassment at work" contained in the Labour Code and the LOSEP whether the expression "harmed, mistreated, humiliated, or which threatens or harms his or her employment status" includes physical, psychological, sexual or economic harm in accordance with Article 1(1)(a) of the Convention. The Committee also requests the Government to indicate whether the various provisions mentioned above would cover acts of harassment which, as a single occurrence, aim at, result in, or are likely to result in harm.

Definition and prohibition of gender-based violence and harassment in the world of work. The Committee notes the Government’s indication that: (1) the Comprehensive Basic Act to Prevent and Eradicate Violence against Women (LOIPEVM) defines “gender-based violence against women” in various forms, such as “physical”, “psychological” (including harassment), “sexual” (including sexual harassment), “economic and property-related” and “symbolic” violence; (2) with reference to section 11(2) of the Constitution, the concept of “harassment at work” provided for in the Labour Code and the LOSEP includes harassment on the basis of sex, gender identity and sexual orientation against all persons; (3) the Basic Comprehensive Penal Code criminalizes “sexual harassment” and “offences involving violence against women” (sections 166 and 159); and (4) the standardized format of the Workplace Regulations, applicable to employers with more than 10 workers, defines sexual harassment (section 51). The Committee also observes that the Standard for the Eradication of Labour Discrimination in the Workplace covers acts committed against all persons on the basis of gender identity, sexual orientation, pregnancy and breastfeeding.

The Committee observes that these provisions define a number of the forms of gender-based violence and harassment covered by Article 1(1)(b) of the Convention. In this respect, the Committee notes that the definition of “sexual harassment” contained in the Basic Comprehensive Penal Code only covers the "solicitation of acts of sexual nature" by a person who "takes advantage of his or her position of authority at work", and that the definition provided in the standard Workplace Regulations, while broader, is only applicable to employers with more than 10 workers. The Committee recalls that sexual harassment includes both sexual harassment that assimilates to blackmail (“quid pro quo”) and sexual harassment arising from a hostile work environment, and that it is necessary to cover sexual harassment that is perpetrated by a person in a position of authority, a colleague, a subordinate or by a person with whom workers have contact as part of their job (a client, supplier, etc). The Committee also recalls that penal law provisions are not entirely appropriate for this issue as, inter alia, they do not always provide for remedies for victims and are unlikely to address all behaviours constituting sexual harassment (see CEACR General Survey of 2023 on achieving gender equality at work, paragraphs 112–117). The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) in this regard.

Articles 2 and 3. Scope. The Government refers to several provisions with different scopes, indicating that all persons referred to in Article 2 of the Convention are protected. The Government indicates, inter alia, that: (1) dismissed persons, self-employed workers, volunteers and persons working in the informal economy are covered by legislation of a general scope, such as the LOIPEVM for violence against women, and civil and penal liability regulations; (2) a reform of the LOSEP is under consideration to establish a complaint mechanism accessible to dismissed public servants; and (3) a draft bill on social action and volunteering is being prepared, whose section 4(d) includes the right of volunteers to be treated equally and without discrimination, respecting their freedom, dignity, privacy and beliefs. The Committee requests the Government to provide information on (i) whether the LOSEP reforms are intended to cover all dismissed public servants, and (ii) any progress made in the adoption of draft bills and legislative reforms that are under way.

Article 4(2). Inclusive, integrated and gender-responsive approach. The Committee notes the information provided by the Government and welcomes the efforts made for the prevention and elimination of violence and harassment in the world of work. The Committee observes that: (1) a number of procedural law provisions provide for access to translation and interpretation where necessary; and (2) the LOIPEVM provides for the right of women to receive information accessible in their language and for language accommodation in case of disability (section 9(4) and (5)). The Committee also notes that PSI Ecuador, the FUT and the FETRAPEC indicate that there is a lack of consultation with workers’ organizations on measures relating to the application of the Convention, and that the draft bills include provisions for such consultation in the public sector only. The Committee requests the Government to indicate whether further measures are envisaged to ensure that the tools, guidance and activities undertaken in respect of other forms of violence and harassment in the world of work are provided in accessible formats as appropriate.The Committee also requests the Government to provide information on consultations with employers’ and workers’ organizations that have taken place or are envisaged regarding the application of the Convention.

Articles 5 and 6. Fundamental principles and rights at work. The Committee notes the observations of PSI Ecuador, the FUT and the FETRAPEC, in which they express their concern about cases of labour, economic and sexual exploitation of children and adolescents, and cases of serfdom and forced labour. The Committee notes the relevance of this information to the Forced Labour Convention, 1930 (No. 29) and the Worst Forms of Child Labour Convention, 1999 (No. 182) and will examine it more specifically within those frameworks. The Committee also notes the indications provided by the Government on the legislative and policy measures taken to promote equality and non-discrimination in employment and occupation, and refers in this respect to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 8. Appropriate prevention measures. The Committee notes the Government’s reference to the wide range of steps taken to prevent violence and harassment in the world of work, through legislative measures, occupational safety and health measures, equality and violence prevention policies, and awareness-raising and training. With regard to the informal economy, the Government indicates that: (1) strategies are being implemented to disseminate the regulations governing the exercise of economic activities in public spaces; (2) steps are being taken to promote the regularization of informal economy traders; and (3) disciplinary sanctions for the infringement of the rights of self-employed workers and retailers act as a deterrent to violence on the part of public servants responsible for control. The Government also recognizes that domestic work is one of the sectors most affected by violence and harassment, and indicates that information (“support pathways”) and awareness-raising efforts (the My Rights Your Rights campaign) have been made to ensure that domestic workers know their rights and the steps to take in case of violence and other infringements of their rights. The Committee notes this information concerning domestic work and refers, in this respect, to its comments on the application of the Domestic Workers Convention, 2011 (No. 189). The Committee also notes that PSI Ecuador, the FUT and the FETRAPEC note, in their observations, difficulties in identifying groups, sectors, conditions and work arrangements more exposed to violence and harassment, such as online work, semi-face-to-face work and platform work. The Committee requests the Government to provide information on: (1) any measures aimed at raising the awareness of and training public servants to identify, prevent and deal with cases of violence and harassment against workers in the informal economy; and (2) the protection measures or mechanisms available to workers in the informal economy in cases of violence and harassment in the world of work. The Committee also requests the Government to provide information on the measures taken to identify, apart from domestic work, other sectors, occupations and work arrangements that may be more exposed to violence and harassment.

Article 9(a). Workplace policy. The Government reports that: (1) every employer is required to adopt the Protocol for the Prevention and Resolution of Cases of Discrimination, Harassment at Work and/or Any Form of Violence against Women in Workplaces (Ministerial Agreement No. 2020-244) according to the guidelines of the Ministry of Labour, which includes initiatives for the prevention and handling of cases depending on the size of the enterprise; (2) every employer with more than 10 workers is required to adopt workplace regulations that must be approved by the competent authority, may be amended or revised at the request of a percentage of workers, and must follow a standardized format that includes a chapter on harassment and discrimination. The Committee requests the Government to provide information on the manner in which it is ensured that workers and their representatives participate in the elaboration and adoption of protocols and regulations regarding violence and harassment.

Article 9(d). Information and training. The Committee welcomes the fact that a number of legislative provisions establish the employer’s duty to provide information and training on the psychosocial risks identified and the measures taken for their prevention, as well as on the various measures, regulations and protocols adopted to prevent and deal with cases of violence and harassment. The Government further indicates that the monitoring and fulfilment of these initiatives is carried out through the Single Labour System and the various control inspections, and provides statistics on fulfilment in this regard. The Committee requests the Government to continue to provide information on employers' fulfilment of the information and training requirements.

Article 10(a) and (h). Monitoring and enforcement The Committee notes the information provided by the Government on the various institutions and authorities that are competent to monitor and verify the application of laws and regulations on violence and harassment in the world of work, to hear cases and complaints of infringement, and to monitor and evaluate the implementation of policies. The Government describes, in particular, the types of investigative activities that may be carried out by the labour inspectorate, and notes that the stoppage of work or closure of workplaces falls under the competence of the Ministry of Labour and Employment (section 436 of the Labour Code). The Government emphasizes that the reforms needed to bring secondary legislation into line with the provisions of the Convention are under consideration. The Committee recalls that, in its latest comments under Convention No. 81, it requested the Government to take measures to ensure that labour inspectors are empowered to take steps to eliminate threats to the health and safety of workers. The Committee requests the Government to provide information on: (i) the competence of the labour inspectorate to issue orders requiring measures with immediate executory force in cases of violence and harassment in the world of work; and (ii) the procedure followed for the application of section 436 of the Labour Code in practice. The Committee requests the Government to continue providing information on the number of cases of violence and harassment in the world of work brought to the attention of the labour inspectorate and other competent authorities, as well as on the sanctions imposed and remedies granted.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes the extensive information provided by the Government on the range of mechanisms and procedures available for cases of violence and harassment in the world of work, including: (1) procedures internal and external to the workplace for lodging complaints and investigate cases of violence and harassment or initiating, on the basis of such facts, termination of an employment contract or sanction process; (2) possible recourse to courts and tribunals; (3) provisions to prevent retaliation against victims, complainants and respondents; and (4) the availability of legal, health and language assistance services, among others. The Committee notes from the statistical information provided by the Government that between 2021 and 2023, 828 complaints of harassment at work and discrimination in the private sector and 992 complaints in the public sector were filed with the Ministry of Labour (with one sanction involving a suspension in 2021 and two sanctions involving dismissal in 2022 in the public sector). The Government indicates that the grounds for dismissal of complaints in the public sector include, among others, the failure of any of the parties to attend the hearings, the lack of delegation by the requesting authority, or the late submission of documentation for the resolution of the procedure.

The Committee notes the indication of PSI Ecuador, the FUT and the FETRAPEC that: (1) the existence of several related but separate definitions of behaviours involving violence and harassment complicates the reporting, handling and resolution of cases, creating legal uncertainty for both the authorities responsible for their handling and the victims; and (2) in the private sector, a conciliation phase is established in the “clearance” procedure, which forces the victim to mediate with and face the aggressor after having already been questioned twice as part of the internal investigative procedures. The Commission recalls that Article 25 of the American Convention on Human Rights enshrines the right to a simple and prompt recourse for the protection of human rights. Noting the wide range of existing procedures for different cases of violence and harassment, the Committee requests the Government to inform on: (i) whether it has foreseen simplifying the procedures, so that all persons affected by violence and harassment in the world of work have access to an easy and fast recourse to defend their right to a world of work free from violence and harassment in line with the Convention, and (ii) the measures taken to provide clear and accessible information to employers and workers on the various reporting and dispute resolution claims and mechanisms available. The Committee also requests the Government to indicate whether provisions are in place to protect witnesses and whistle-blowers against retaliation, and to prevent victimization during investigative processes. Noting the statistics provided, the Committee requests the Government to: (i) provide detailed information on the application of the grounds for dismissal of complaints in the public sector, and on the measures taken to avoid situations of defencelessness; and (ii) continue to provide statistics on the number of complaints disaggregated, if possible, by sector, type of behaviour, and sex of the victim.

The Committee also notes with interest the Government’s indication that: (1) there are judges specialized in violence against women, prosecutors with gender expertise, as well as a number of protocols and technical standards on the handling of cases of gender-based violence for expert interpreters, translators and for security and health service personnel; (2) the LOIPEVM establishes administrative protection measures for cases of violence against women; and (3) the "clearance procedure" for harassment cases ("procedimiento de visto bueno" in Spanish, which is intended to determine whether an offence has been committed and may lead to the termination of the employment relationship) provides that, where a worker presents well-founded indications that he or she has suffered harassment at work, the employer is required to provide justification for the measures taken and their proportionality. The Committee notes the indication of PSI Ecuador, the FUT and the FETRAPEC that the standard of proof in the procedure established under the Standard for the Eradication of Labour Discrimination in the Workplace tends to disadvantage victims, as certain behaviours are rarely documented, such as comments on physical appearance during employment interviews. The Committee requests the Government to continue to provide information on the measures taken or envisaged to address cases of gender-based violence and harassment in the world of work directed against all persons.

Article 10(f). Domestic violence. The Government indicates that provision is made in legislation for female workers who are victims of domestic violence to be granted the necessary time to follow the judicial administrative measures established by the competent authority, without affecting their remuneration and leave (section 42 of the Labour Code and section 33 of the LOSEP). The LOIPEVM also provides for the right of women victims of violence not to be dismissed or subject to labour sanctions for absence from work due to their status as victims (section 9.22). The Government indicates that awareness-raising on domestic violence is being carried out and that this is expected to have an impact on the prevention of domestic violence. The Committee welcomes the measures taken, and requests the Government to provide information on their applicability to cases of domestic violence against all persons.

Article 10(g). Right to remove oneself from a work situation and the duty to inform management. The Government refers to the Andean Occupational Safety and Health Instrument, section 21 of which recognizes the right of workers to stop work when they have reasonable justification to believe that there is imminent danger to their safety or to the safety of other workers, without suffering any prejudice. The Government indicates that, together with other occupational safety and health agencies, a reform of the Regulations on occupational safety and health is under consideration. The Committee further observes that section 13 of the Regulations on occupational safety and health (Executive Decree No. 2393) establishes the requirement for a worker to “inform the employer of any breakdowns and hazards that could lead to occupational accidents”. The Committee requests the Government to indicate whether, in the event of removing him or herself from a work situation due to risks of violence and harassment, the worker concerned has a duty to inform the management.

Article 11(a). Addressing violence and harassment in relevant policies. The Committee notes the Government’s indication that: (1) violence and harassment are addressed through the prevention and elimination of psychosocial risks in the framework of occupational safety and health; (2) the 2020–30 National Plan to Prevent and Eradicate Violence against Women includes measures on sexual harassment, harassment at work and violence against women in the workplace; (3) The policy, “Purple Economy: for economic rights and a life free from violence for women”, promotes a life free from violence for women; (4) the 2021–25 National Agendas for Gender Equality, for Disability Equality, for Equality of Human Mobility, for Intergenerational Equality and for Equality for Indigenous Peoples include lines of action for a life free from violence; and (5) there is a 2019–30 Plan of Action against Trafficking in Persons in Ecuador. The Government also notes that foreign nationals have the same rights and duties as nationals. The Committee requests the Government to provide information on the measures taken under the various 2021–25 National Agendas for Equality that are specifically aimed at addressing violence and harassment in the world of work.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Government indicates, inter alia, that: (1) the Guide to Employment of Human Talent in Ecuador gives employers guidance on selection processes, including on discrimination, violence and harassment; (2) the training programme, Safe Institutions Free from Violence against Women, was conducted in 74 public sector entities, and the equivalent programme for the private sector is under preparation; (3) 26 enterprises in the private sector were certified in 2022 with the Safe Enterprise Free from Violence against Women seal; (4) a pilot plan to raise awareness of the Prevention and Resolution Protocol was carried out in public institutions receiving a high number of complaints, resulting in a subsequent decrease in the number of cases; (5) various training sessions were held for labour inspectors on discriminatory behaviour and on the protection of workers in contexts of human mobility; (6) guidelines have been drawn up on granting administrative protection measures under the LOIPEVM; (7) workshops on harassment at work and gender equality were held for various groups, along with a number of campaigns on discrimination and violence against women. The Committee requests the Government to continue to provide information on the guidelines, training tools and awareness-raising campaigns undertaken on violence and harassment in the world of work, including information on the level of participation of men and women in such initiatives.