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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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. The Committee notes with interest the adoption on 18 July 2019 of Act No. 21.165 on the alternative partial working day for student workers introducing section 40 bis(E) into the Labour Code and amending other texts regulating related aspects. The Government indicates that the purpose of Act No. 21.165 is to resolve the principal regulatory barriers which make it difficult to hire young persons formally with an employment contract by, among other measures, enabling them to interrupt the working day to attend classes or to benefit from unpaid leave to sit their academic exams, thereby facilitating the reconciliation of work and studies. Social and student benefits are also maintained by not taking into consideration the remuneration received by these persons in the social registration of households. The Government indicates that this is also designed to anticipate the access of young persons to the labour market, thereby facilitating this type of relations between enterprises and students. Another of the objectives of Act No. 21.165 is to encourage young persons who are not in the education system or who are at risk of dropping out of it for economic reasons to be able to enter and remain in education. In this regard, the Government indicates that, according to the 2017 National Socio-economic Characteristics Survey (CASEN) of the Social Observatory, 6.2 per cent of young persons between the ages of 18 and 24 years who were working or seeking employment indicated that the main reason why they were not attending an educational establishment was due to economic considerations and 34.2 per cent said that it was due to work or the fact that they were seeking work.

The Committee notes that the partial working day established by Act No. 21.165 is only applicable to “student workers”. In accordance with section 40 bis(E) of the Labour Code, “student workers” are considered to be “any person between 18 and 24 years of age who is engaged in regular studies or in the process of qualifying in a vocational or technical university higher education institution recognized by the State or in establishments implementing levelling up study programmes”. Workers covered by the partial working day benefit from all the other workers’ rights set out in the Labour Code for full-time workers (section 40 bis(B), first indent). The second transitional section of Act No. 21.165 also provides that the Higher Labour Council, a tripartite body, shall prepare an annual report for the first three years when the Act is in force to evaluate the implementation and monitoring of its provisions, its impact on the academic results of student workers and the impact of this type of contract on young persons who are not students and on workers in general. Based on the evaluation, a decision will be taken on the continuation of the measure or the introduction of the necessary amendments to Act No. 21.165. In relation to the 2018 observations of the Single Central Organization of Workers of Chile (CUT-Chile), the Committee notes the Government’s indication that the evaluation of Act No. 21.165 is complex as its implementation is relatively recent and there is no official record of enterprises which apply the Act. However, the Government indicates that, based on the analysis undertaken by the Higher Labour Council, good progress is being made in the achievement of the objectives of Act No. 21.165 and it is adapted to the situation experienced by young persons in the country.

The Committee also notes the reference by the Government to the Bill to amend section 1 of the Skills and Employment Charter, which was approved by the Chamber of Deputies on 10 March 2020 and is currently undergoing its second constitutional reading. The Bill, among other measures, envisages allowing all currently accredited higher education institutions (technical training centres, universities and vocational institutes) to register modules as part of technical careers. These institutions must have a system for recognizing previous learning and for approving the skills of workers engaged in modular skills training with a view to preventing the financing of skills programmes that do not provide workers with new knowledge or skills. However, the Committee observes that the Government has not provided information on the number of workers benefiting from paid educational leave for vocational training, or for general, social or civic education. 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 the Convention. It also requests the Government to provide updated information on the impact of Act No. 21.165 on the exercise of the individual and collective rights of the persons concerned, and on the number of persons employed under the new contracts. The Committee also requests the Government to provide information on the situation with regard to the Bill to amend section 1 of the Skills and Employment Charter and to provide a copy of the Charter once it has been adopted. Finally, the Committee requests the Government to provide updated statistical data, disaggregated by sex and age, on workers who have benefited from paid educational leave for all levels of vocational training, and for general, social or civic education (Part V of the report form).

Article 2(c). Paid leave for trade union education. The Committee notes the information provided by the Government on the number of workers who benefited from leave for trade union education during the period covered by the report. The Government indicates that, between 2018 and 2020, a total of 1,503 women and 1,278 men workers participated in further training courses, in the New Leaders course and in Trade Union Leadership courses (EFSLS) within the framework of the Trade Union Training and Collaborative Labour Relations Fund. The Government also reports that, during the same period, 1,458 women workers participated in Women Leaders trade union training courses (EFSML). In 2020, four men participated in these courses as part of a pilot gender equity project for the inclusion of men in the EFSML. The Committee requests the Government to continue providing statistical data, disaggregated by sex, on the number of workers who have benefited from study leave for trade union education.

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

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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the information sent by the Government in October 2013 on the number of persons who took part in training activities during working hours in the period from 2009 to 2012. The Committee hopes that in its next report the Government will continue to provide up-to-date information on workers who have been granted paid educational leave, together with other relevant information allowing an assessment of how the measures taken affect coordination of the national policy on paid educational leave with general policies concerning employment, education, training and hours of work (Article 4 of the Convention). Please also supply up-to-date information on the conditions to be fulfilled by workers in order to be granted paid educational leave, the length of the leave and the level of the financial entitlements (Articles 2, 3 and 10).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s detailed report received in November 2008. The Government has provided a general overview of the training programmes including paid educational leave (Article 4 of the Convention). The Committee invites the Government to provide statistics with its next report on the number of workers who have been granted paid educational leave (Part V of the report form), as well as a summary of the arrangements for the granting of paid educational leave in relation to: (a) the conditions to be fulfilled by workers in order to be granted such leave; (b) the length of the leave; and (c) the level of financial entitlements (see the questions included in the report form under Article 3 of the Convention).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the report received in January 2005 listing legal texts intended to apply the Convention. In reply to the Committee’s 2002 direct request, the Government also indicates that the texts listed are those that implement and maintain a standing policy on paid educational leave. The Committee requests the Government to indicate in its next report the level of the amounts paid to the beneficiaries of paid leave (Articles 3 and 10 of the Convention) and to supply general indications on the manner in which the Convention is applied including statistics on funds specifically allocated for providing paid educational leave and the number of workers who have benefited from paid educational leave (Article 7 and Part V of the report form).

2. Article 4. The Committee reiterates its wish to receive information on the extent to which coordination has been ensured of the measures taken to encourage the granting of paid educational leave with the general vocational education and training policy. The Committee would also be grateful if the Government would indicate if steps have been taken to coordinate the national policy on paid educational leave with general policies on hours of work.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2002 direct request which raised the following main points:

The Committee recalls that the Convention requires the formulation and application of "a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave". The Committee therefore trusts that in its next report the Government will include other information and will provide the texts (government statements, etc.) related to the formulation of such a policy (Article 2 of the Convention).

Articles 3 and 10. Please indicate the procedures for granting paid educational leave, and particularly on the level of the benefits paid to persons benefiting from such leave.

Article 4. Please indicate the extent to which paid educational leave has contributed to achieving the objective of training one million workers annually until 2005 and describe the coordination of paid educational leave with the general vocational education and training policy.

Please also indicate the steps which have been taken to coordinate the national policy on paid educational leave with general policies on hours of work. Please also describe the extent to which the implementation of the national policy on paid educational leave takes account of seasonal variations in the hours or volume of work.

Article 7. Please provide any available information on the amounts specifically allocated to paid educational leave during the period covered by the next report.

Article 9. Please describe any measures which have been taken to grant paid educational leave to workers in small enterprises, to rural or other workers residing in isolated areas, shift workers and to workers with family responsibilities.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s first detailed report on the application of the Convention. In its report, the Government describes in particular various measures adopted under the Training and Employment Charter and by the Fund for the Modernization of Labour Relations for the provision of study leave. The Committee recalls that the Convention requires the formulation and application of "a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave". The Committee therefore trusts that in its next report the Government will include other information and will provide the texts (government statements, etc.) related to the formulation of such a policy (Article 2 of the Convention).

Articles 3 and 10. Please indicate the procedures for granting paid educational leave, and particularly on the level of the benefits paid to persons benefiting from such leave.

Article 4. The Committee refers to the comments made in 2001 concerning the application of Convention No. 122 and would be grateful if the Government would indicate the extent to which paid educational leave has contributed to achieving the objective of training one million workers annually until 2005. Please also describe the coordination of paid educational leave with the general vocational education and training policy.

The Committee also refers to the comments that it has been making for many years on the application of Conventions Nos. 1 and 30, and it trusts that the obligations undertaken in relation to those Conventions will be taken into account in the granting of paid educational leave. Please indicate the steps which have been taken to coordinate the national policy on paid educational leave with general policies on hours of work. Please also describe the extent to which the implementation of the national policy on paid educational leave takes account of seasonal variations in the hours or volume of work.

Article 7. Please provide any available information on the amounts specifically allocated to paid educational leave during the period covered by the next report.

Article 9. Please describe any measures which have been taken to grant paid educational leave to workers in small enterprises, to rural or other workers residing in isolated areas, shiftworkers and to workers with family responsibilities.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first detailed report on the application of the Convention. In its report, the Government describes in particular various measures adopted under the Training and Employment Charter and by the Fund for the Modernization of Labour Relations for the provision of study leave. The Committee recalls that the Convention requires the formulation and application of "a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave". The Committee therefore trusts that in its next report the Government will include other information and will provide the texts (government statements, etc.) related to the formulation of such a policy (Article 2 of the Convention).

Articles 3 and 10. Please indicate the procedures for granting paid educational leave, and particularly on the level of the benefits paid to persons benefiting from such leave.

Article 4. The Committee refers to the comments made in 2001 concerning the application of Convention No. 122 and would be grateful if the Government would indicate the extent to which paid educational leave has contributed to achieving the objective of training one million workers annually until 2005. Please also describe the coordination of paid educational leave with the general vocational education and training policy.

The Committee also refers to the comments that it has been making for many years on the application of Conventions Nos. 1 and 30, and it trusts that the obligations undertaken in relation to those Conventions will be taken into account in the granting of paid educational leave. Please indicate the steps which have been taken to coordinate the national policy on paid educational leave with general policies on hours of work. Please also describe the extent to which the implementation of the national policy on paid educational leave takes account of seasonal variations in the hours or volume of work.

Article 7. Please provide any available information on the amounts specifically allocated to paid educational leave during the period covered by the next report.

Article 9. Please describe any measures which have been taken to grant paid educational leave to workers in small enterprises, to rural or other workers residing in isolated areas, shiftworkers and to workers with family responsibilities.