Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Paid Educational Leave Convention, 1974 (No. 140) - Chile (Ratification: 1999)

The Committee notes the observations made by the Single Central Organization of Workers of Chile (CUT-Chile), received on 13 September 2018. The Committee requests the Government to provide its comments in this regard.

Articles 2 to 6 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Participation of the social partners. In reply to the Committee’s previous comments, the Government refers to sections 179–180 of the Labour Code which provide that the enterprise is responsible for activities related to the vocational training of its workers, which shall be carried out under the terms of the Training and Employment Charter. The Charter establishes the requirement for all enterprises with 15 or more workers to set up a bipartite training committee, with the objective of agreeing and evaluating vocational training programmes in the enterprise, and advising the management of the enterprise on matters relating to training. With regard to the payment of the remuneration of the workers, the Government indicates that, in accordance with section 180 of the Labour Code and section 33 of the Training and Employment Charter, workers who benefit from vocational training maintain the whole of their remuneration, irrespective of any changes in their hours of work. Nevertheless, overtime hours intended for training do not give entitlement to remuneration. Section 183 of the Labour Code and section 34 of the Training and Employment Charter provide that any cost of training activities is at the expense of the respective enterprises. The Committee welcomes the information provided by the Government concerning the adoption of incentives for the promotion of paid educational leave, including sections 36 and 39 of the Training and Employment Charter, which allow enterprises to subtract a percentage of the expenses made on training programmes from the amount of the first category tax. The Government indicates that, between 2012 and 2016, a total of 464,484 women workers and 386,466 men workers in the Central State Administration participated during working hours in training and skills enhancement activities financed by the respective employer institutions. The Committee notes, however, that according to the observations of CUT-Chile, although workers in the public sector in the Central State Administration can realize education and vocational training activities without any deduction in their remunerations, there is no policy of paid educational leave in the legislation in the case of workers in the private sector. Finally, the Committee notes the Government’s reference to the legislative preparation of a draft Charter for student workers between 18 and 28 years of age who wish to engage in studies and work. The Government indicates that the draft Charter, which has currently been approved by the Chamber of Deputies, would enable working students to retain their benefits related to studies (grants and placement assistance) despite receiving remuneration. The Charter also envisages the use of an individual employment contract with a maximum of 30 hours a week, which can be distributed at times when the student does not have to attend classes. For its part, CUT-Chile rejects the cited draft, as no analysis or study on any negative impact on the world of work and on the exercise of individual and collective rights (such as the right to organize and collective bargaining) by persons under this special form of contract has been conducted; and due to the fact that this could lead to an increase in the number of temporary and poorly remunerated workers. In addition, according to CUT-Chile, the draft was formulated without the participation of the social partners. The Committee requests the Government to continue providing detailed and updated information on the formulation and application of policies and measures to promote, in collaboration with the social partners, the granting of paid educational leave for the specific objectives set out in Article 2 of Convention. The Committee also requests the Government to provide information on the current situation of the draft Charter for working students, and to provide a copy once it has been adopted. It further requests the Government to provide information on the impact of the Charter, if adopted, on the exercise of individual and collective rights of the persons concerned as well as on the number of persons employed under the new contract. It finally requests the Government to continue providing updated statistical information, disaggregated by sex and age, on men and women workers who have benefited from paid educational leave (Part V of the report form).

Article 2(c). Paid leave for trade union education. The Committee notes with interest the adoption of Act No. 20.940 of 8 September 2016, amending section 250 of the Labour Code so as to extend the hours of trade union leave for training and skills enhancement from one week a year to three weeks a year. The Government indicates that, in accordance with the general rules, the hours of trade union leave for training and skills enhancement are understood as being working time for all legal purposes. The Government adds that the payment of remuneration, benefits and social security contributions corresponding to the time of the leave are the responsibility of the trade union. Nevertheless, the Government indicates that in practice collective labour agreements in many enterprises indicate that the employer will pay hours devoted to trade union work. The Government also reports the establishment of a new Trade Union Training and Collaborative Labour Relations Fund, which has the objective of financing projects, programmes and action in the field of trade union education, the promotion of social dialogue and the development of collaborative labour relations between employers and workers. The Government refers to the adoption of Decree No. 7 of 3 March 2017, approving the rules governing the training fund referred to above. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of workers who have benefitted from study leave for the purpose of trade union education.