2024-07-17 14:43:00
The Comptroller General’s Office must examine the collective contracts of four public companies: the National Telecommunications Corporation (CNT); the Electric Corporation of Ecuador (CELEC); the National Electricity Corporation (CNEL) and Petroecuador. The Ministry of Labor is seeking confirmation of illegalities and irregularities in order to declare the nullity of costly collective contracts that have not even received a favorable opinion from the Ministry of Economy.
The Minister of Labor, Ivonne Núñezpresented this Monday, July 1, 2024, before the Office of the Comptroller General of the State (CGE)the application of special exam to the collective agreements subscribed to the following public companies:
1.- National Telecommunications Corporation (CNT)
2.- Electric Corporation of Ecuador (Celec)
3.- National Electricity Corporation (CNEL)
4.- Petroecuador.
This petition is based on article 31 of the Organic Law of Public Enterprises (LOEP) and seeks to determine the administrative, civil, negligent and indications of criminal responsibilityif applicable; as well as, the declaration of nullity of collective agreements in which legal regulations have been infringed in accordance with article 26 of the LOEP.
The request for review is specific to contracts:
- • First collective bargaining agreement between the National Electricity Corporation (CNEL) and the Workers’ Company Committee, signed on May 18, 2021.
- • First collective bargaining agreement between the Public Hydrocarbon Company of Ecuador Petroecuador and the Workers’ Company Committee (Cetrapep)signed on November 15, 2017.
- • To the third review process of the collective bargaining agreement between the National Telecommunications Corporation (CNT) and the National Workers’ Company Committee, signed on November 10, 2023.
- • Second collective bargaining agreement between the Strategic Public Company Electric Corporation of Ecuador (CELEC) and the Workers’ Company Committee (Cetracelec)signed on January 10, 2018.
According to the Ministry of Labor, the Comptroller’s Office must carry out special examinations of the public companies referred to, based on the signing of collective contracts that were approved without taking into account the prior opinions of the Ministry of Economy.
Likewise, the transfer – obtained through a protective action – of the employees protected by the Organic Law of Public Service (LOSEP) to the Labor Code must be examined, thus ignoring the condition of different legal regimes.
It is urgent to make the costs of collective contracts in the public sector transparent
While the real implications of collective agreements are made transparent and analyzed, measures should be taken to avoid further damages to the State.
First, establish a moratorium on collective bargaining agreementsThat is to say, that not a single more collective agreement be signed in the public administration until it is defined what will happen with this type of mechanism.
Secondly, the incorporation of new staff into existing collective agreements should be prohibited.
The country must be clear about how much collective contracts really cost it and from there take corrective measures and even consider their elimination from the public sector.
Rodrigo López, teacher and member of the School of Economics of the University of San Francisco de Quito (USFQ)), stressed that collective agreements are based on a conceptual error in the Ecuadorian public sector.
“Collective contracts arise as a defense for workers when employers want to abuse them. But, in the public sector, negotiations are with a State that guarantees rights and that will not go to the detriment of its own workers and does not seek capital gains, but rather social gains,” explained the USFQ economist. (JS)
By. LA HORA newspaper