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

Chile

Hours of Work (Industry) Convention, 1919 (No. 1) (Ratification: 1925)
Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) (Ratification: 1935)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry) and 30 (hours of work in commerce and offices) in a single comment.

Legislation. The Committee notes with interest the reference by the Government in its report to the approval and entry into force of Act No. 21.561 of 26 April 2023, amending the Labour Code and reducing normal working hours from 45 to 40 a week, to be applied gradually, with working hours being reduced to 44 the first year, 42 the third year and 40 the fifth year, counting from the publication of the Act in the Official Journal. The Committee also notes that section 38(10) of the Labour Code, introduced by the 2023 amendment, provides that regulations issued by the Minister of Labour and Social Welfare, following a report by the Department of Labour, shall determine the limits and parameters governing the distribution of exceptional systems of hours of work and rest. The Committee requests the Government to provide information on the adoption of these regulations.

Article 5 of Convention No. 1 and Article 6 of Convention No. 30. Variable distribution of hours over periods longer than a week. The Committee notes that section 22 bis, introduced by Act No. 21,561, of 26 April 2023, allows the calculation of the normal 40 hours of work over periods of up to four weeks, by agreement between the employer and the workers, and that normal hours of work may not exceed 45 hours in each week, and that this limit may not be maintained for more than two weeks continuously during the cycle. It also notes that, through collective bargaining or direct agreements with the unions, only covering their own members, the agreement may establish a weekly limit of up to 52 hours of work. The Committee notes that, in accordance with section 28, ordinary daily hours of work may in no case exceed ten hours a day.

The Committee recalls that the Conventions: (i) only allow the distribution of hours of work over periods in excess of a week in exceptional circumstances; and (ii) provide that the average hours of work during the specified period shall not exceed 48 hours a week. The Committee also recalls that Convention No. 1 requires such modifications in hours of work to be agreed between employers’ and workers’ organizations. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that the hours of work envisaged in section 22bis of the Labour Code: (i) are only used in exceptional cases, in accordance with Article 5(1) of Convention No. 1 and Article 6 of Convention No. 30; and (ii) do not exceed on average 48 hours a week. It also requests information on the measures adopted to guarantee the participation of employers’ and workers’ organizations in agreements introducing the averaging of hours of work for periods of over one week, in accordance with Article 5(1) of Convention No. 1.