Report in which the committee requests to be kept informed of development - Report No 84, 1965

Case No 354 (Chile) - Complaint date: 10-MAY-63 - Closed

1. 23. The complaint by the Chilean Confederation of Labour (C.U.T.C.H.) and other trade union organisations was made in a letter dated 10 May 1963. This letter was communicated to the Government, which forwarded its observations on 20 April 1965.
2. 24. Chile has ratified the Right of Association (Agriculture) Convention, 1921 (No. 11), but not the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 25. According to the complainants, trade union organisations and collective disputes in agriculture in Chile are subject to special regulations which are separate from those applying to industrial workers. These regulations are contained in Act No. 8811 of 29 July 1947, which was passed many years after the Government had ratified Convention No. 11. The provisions of this Act are alleged to constitute a flagrant breach of the Convention not only because they subject agricultural workers to a different system from that applying to industrial workers but also because the relevant standards are so restrictive as to amount to a denial of freedom of association in agriculture. Accordingly, trade unions in agriculture are few in number, and those that do exist lead a precarious life which makes them completely incapable of defending and promoting the interests of their members. The observations made year after year by the Committee on the Application of Conventions and Recommendations of the International Labour Conference have so far had no effect, and farm workers continue to be covered by legislation which should never have been passed or should have been repealed. After these preliminary remarks the complainants give details of all the statutory provisions affecting agricultural trade unions which conflict with Convention No. 11.
2. 26. In its observations the Government states that at first glance a comparison between the standards applicable to workers in industry and those embodied in Act No. 8811 concerning trade unionism among agricultural workers shows that the Chilean system does not give " all persons employed in agriculture the same rights of association as workers in industry ". Accordingly, despite the fact that the Government has ratified Convention No. 11, the legislation now in force conflicts with the latter's standards. The Government adds that it should be borne in mind that the fact that agricultural workers are entitled to the same rights of association as industrial workers does not constitute an adequate safeguard in Chile, because on the whole the legislation applicable to the formation of trade unions by workers in industry, commerce, mining, etc., does not conform either to the standards of freedom of association laid down in Convention No. 87.
3. 27. In view of the foregoing the Government submitted a Bill to the National Congress on 19 February 1965 making substantial changes in the legislation on trade unions to bring it into line with Convention No. 87 and make it applicable to all workers, whatever their occupation. In order to clarify its explanations the Government forwarded a copy of the legislation now applicable to agricultural workers' unions, as well as that embodied in the Bill recently submitted to the National Congress.

B. B. The Committee's conclusions

1. 28. The Committee observes that, for many years past, the Committee of Experts on the Application of Conventions and Recommendations has been making observations to the Chilean Government with respect to the application of Convention No. 11. In these observations the Committee of Experts has specifically pointed out the fundamental discrepancies between the legislation on trade unionism among agricultural workers and the legislation on the same subject applicable to industrial workers. These discrepancies relate to the following points.
2. 29. Whereas according to section 366 of the Labour Code workers may set up two types of unions-works unions or occupational unions-agricultural workers under section 426 of the same Code may constitute trade unions only within the limits of an agricultural undertaking. As a result, agricultural workers do not have the right to set up unions extending beyond an undertaking or to set up federations and Confederations. There are also differences in the treatment of works unions and agricultural unions, some of which have the effect of substantially curtailing the right of association of agricultural workers. This applies, for example, to the administration of their funds and collective disputes. As regards the latter, under section 470 of the Labour Code unions of agricultural workers may not present statements of claims during the sowing and harvesting periods and, in any event, not more than once a year. The Committee of Experts took the view that this had no equivalent in the legislation relating to industrial workers and concluded that it led in practice to a denial to agricultural workers of any right to organise effectively, particularly in the case of seasonal or casual workers. Lastly, the provisions of section 433 of the Labour Code resulted in fact in prohibiting seasonal or casual workers from setting up trade unions. This was particularly important in the case of estates which employed a large proportion of seasonal or casual workers.
3. 30. The Committee has also taken note of the fact that the Government has submitted a Bill on trade unions to Congress. Under section 1 of this Bill, " salaried employees and wage earners, whether or not employed by another person, and irrespective of their trade, occupation or activity, are entitled to form associations ". This Bill does not discriminate in the case of agricultural workers. Section 23 states that " employers in agriculture must allow trade unions the fullest facilities to operate within their undertakings. To this end they must provide them with the premises needed to carry on their normal activity and shall permit free access by workers and their leaders to such premises and any meetings held thereon ". The Committee observes that the Committee of Experts also took note of this Bill and the fact that it applied without distinction to workers in industry and agriculture and expressed the hope that its early adoption would at last bring the legislation into full conformity with Convention No. 11.

The Committee's recommendations

1. 31. Accordingly, the Committee recommends the Governing Body:
   • (a) to draw the Government's attention to the discrepancies which continue to exist between the legislation still in force concerning agricultural trade unions and the Right of Association (Agriculture) Convention, 1921 (No. 11), which has been ratified by Chile;
   • (b) to take note with interest of the Bill on trade unions recently submitted by the Government to Congress in order to eliminate these discrepancies; and
   • (c) to request the Government to keep it informed as to any development in this matter, especially as regards the foregoing Bill, and to express the hope that it will soon be enacted.