Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Chile (Ratification: 1992)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.

The Committee also notes the observations of the Single Central Organization of Workers of Chile (CUT-Chile), received on 13 September 2018 and 6 October 2020. The Committee requests the Government to send its replies in this regard.

Tripartism and social dialogue. COVID-19 pandemic. The Committee notes the information provided by the Government in its supplementary report on the measures adopted to promote tripartism and social dialogue in the country. In this regard, the Government refers, among other measures, to the implementation of trade union training projects at the regional level within the framework of the trade union training fund, as well as the establishment of tripartite social dialogue forums at the national and regional levels in which consultations have been held on a broad range of labour issues, such as the regulation of the right to a lunch, the promotion of women’s work in certain sectors, vocational reskilling and the recognition of labour rights to household refuse collectors. However, the Committee notes the allegation by the CUT-Chile that workers’ organizations were not consulted regarding the new labour rules adopted in the context of the health emergency caused by the COVID-19 pandemic, such as: Act No. 21 227 of 6 April 2020 facilitating access to unemployment insurance benefits in exceptional circumstances; Act No. 21 220 of 26 March amending the Labour Code in respect of remote working; and the electronic severance procedure introduced by the Department of Labour. In the context of the global COVID-19 pandemic, the Committee recalls the broad guidance provided by international labour standards. The Committee encourages Member States to engage in broader tripartite consultations and social dialogue as a solid basis for drawing up and implementing effective responses to the deep-rooted socio-economic effects of the pandemic. The Committee invites the Government to provide updated information in its next report on the measures adopted in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, and particularly the measures adopted to build the capacities of constituents and strengthen tripartite mechanisms and procedures, as well as the challenges and good practices identified.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government on the activities of the Higher Labour Council between 2017 and 1 January 2020. In particular, the Government refers to the holding of tripartite consultations on the possibility of ratifying the Protocol of 2014 to the Forced Labour Convention, 1930. The Government indicates that the Protocol was subsequently submitted to the Chamber of Deputies, where it is awaiting approval for ratification. Communications from the most representative organizations of employers and workers in the maritime sector were also forwarded on the amendments adopted in 2018 to the Maritime Labour Convention, 2006 (MLC, 2006). The Government also reports the establishment of various tripartite sectoral standing commissions, such as the Thematic Commission on Disability and the Thematic Commission on the implementation of the MLC. With regard to the latter, the Government indicates that it prepared an analysis of the national legislation with a view to identifying the necessary legislative adjustments to ensure compliance with the MLC, 2006. The Government once again refers to the organization in 2014, 2015 and 2019 of tripartite consultations within the framework of the Advisory Council on Occupational Safety and Health, as well as various regional tripartite workshops on the development of the National Occupational Safety and Health Policy (PNSST) with a view to giving effect to the provisions of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). In this regard, the Government indicates, contrary to the indications made by the Production and Trade Confederation (CPC) in its observations of 1 September 2016, that employers’ organizations were also invited to participate in the tripartite workshops (held on 8 August and 22 July 2014 and 9 March 2015). Moreover, in 2017 and 2018, tripartite consultations and workshops were held, some with ILO collaboration, to draw up the National Occupational Safety and Health Programme, which was finally adopted on 2 February 2018. The Government adds that in April 2019 a new version of the Programme was submitted to the members of the Advisory Council for their views. The Government further reports that, within the working group on dock work, tripartite consultations have been held on the possible ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), and that a formal request was made to the Office for technical assistance on 21 January 2020 for the preparation of an analysis of possible legal gaps in the national legislation in this respect.

However, the Government notes the allegation by the CUT-Chile in its observations that, in practice, effective tripartite consultations on labour issues have not been held in the Higher Labour Council, which only operates for information purposes. In this respect, the CUT-Chile alleges that the social partners were not consulted prior to the submission of various international labour standards, some of which have been ratified. In particular, it maintains that tripartite consultations were not held in relation to the following instruments: the Violence and Harassment Convention, 2019 (No. 190), the Work in Fishing Convention, 2007 (No. 188), the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, the Private Employment Agencies Convention, 1997 (No. 181), the Safety and Health in Mines Convention, 1995 (No. 176), the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), the Collective Bargaining Convention, 1981 (No. 154), the Rural Workers’ Organisations Convention, 1975 (No. 141), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Labour Inspection Convention, 1947 (No. 81). The CUT-Chile adds that, while the Government has held consultations with the Office concerning the possible denunciation of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the social partners have not been consulted on this subject. The CUT-Chile also alleges that it did not receive copies of the reports on ratified Conventions, submitted under article 22 of the ILO Constitution sufficiently in advance to be able to comment on them. In this respect, the Committee recalls that, “[i]n order to be ‘effective’, consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted […] The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions” (see the 2000 General Survey on tripartite consultation, paragraph 31). Finally, the Committee notes that the Government has not provided information on the tripartite consultations held on replies to questionnaires concerning items on the agenda of the International Labour Conference, the re-examination at appropriate intervals of unratified Conventions and of Recommendations, and proposals for the denunciation of ratified Conventions (Article 5(1)(a), (b), (c) and (e)). The Committee therefore requests the Government to provide detailed and updated information on the specific content, frequency and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by Article 5(1) of the Convention. Moreover, in light of the observations of the CUT-Chile, the Committee requests the Government to provide information on the consultations held with the social partners on the manner in which the functioning of the procedures required by the Convention could be improved, including the possibility of establishing a schedule for the preparation of reports sufficiently in advance (Article 5(1)(d)).