Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Chile (Ratification: 1994)

Article 4 of the Convention. The Committee notes with interest the adoption of: Act No. 20137 which increases to seven days the leave entitlement of a worker for the death of a child and to three days in the case of the death of either an unborn child or a father or mother, and grants protection against dismissal for up to one month for such workers; Act No. 20367 granting three days’ leave to a mother in the event of adoption (irrespective of maternity leave), thereby establishing equality with the three days’ leave granted to fathers; Act No. 20482 improving the manner in which use can be made of paternal leave for the birth of a child; and Act No. 20166 granting mothers the right to a break at work to feed their children. The Committee also notes with interest the practical measures adopted by various mining enterprises in relation to equality of opportunities for men and women with family responsibilities, which include: the holding of workshops on parental responsibility, the establishment of rooms for the expression and storing of breast milk, the promotion of the use of parental leave and measures for the protection of pregnant women. The Committee requests the Government to provide information on the application in practice of these provisions, including statistical data disaggregated by sex on the number of workers benefiting from these measures, and on other enterprises or sectors which have established similar measures.

Article 5. In its previous comments, the Committee requested the Government to provide information on the impact of the new legal provisions on the number of child-care facilities, to extend the right to use crèches to the children of working fathers and to provide information on the supervision of compliance with the requirement to provide child-care facilities. In this respect, the Committee notes that, according to the Government, there has been a great increase in the number of crèches and kindergartens and that employers can comply with the requirement to provide crèches either by establishing one in the enterprise or by paying the costs of the crèche to which the woman worker takes her children. The Committee also notes the adoption of Act No. 20399, granting entitlement to use crèches to men and women workers when they have been granted the personal care of a child under two years of age. Entitlement to use a crèche is also granted to male workers in the event of the death of the mother. The Committee requests the Government to continue making efforts to extend the benefit of child-care facilities to working fathers, as envisaged in the Convention, and to provide statistical data on the crèches and kindergartens established. The Committee asks the Government to provide information on the supervisory measures adopted with a view to ensuring that enterprises comply with the requirement to provide crèches for the children of workers. The Committee also requests the Government to report any other measures adopted, that are compatible with national conditions and possibilities, to take account of the needs of workers with family responsibilities.

Article 8. Noting that the Government has not provided specific information on the application in practice of Acts Nos 19670 and 20047 respecting the extension of the protection against dismissal enjoyed by mothers to biological fathers and to adoptive fathers and mothers, the Committee reiterates its request to provide such information.

The Committee is also raising other points in a request addressed directly to the Government.