REPRESENTATION (article 24) - CHILE - C035, C037 - 2006

Colegio de Profesores de Chile A.G., 1. College of Teachers of Chile AG

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Report of the Committee set up to examine the representation alleging non-observance by Chile of the Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35), and the Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37), made under article 24 of the ILO Constitution by the College of Teachers of Chile AG

Report of the Committee set up to examine the representation alleging non-observance by Chile of the Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35), and the Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37), made under article 24 of the ILO Constitution by the College of Teachers of Chile AG

Decision

The Governing Body adopted the report of the tripartite committee. Procedure closed.

Complaint Procedure

Introduction
1. In a communication dated 25 October 2004, the College of Teachers of Chile AG, referring to article 24 of the ILO Constitution, made a representation to the International Labour Office alleging that the Government of Chile has failed to observe the provisions of the Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35), and the Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37).
2. The representation concerns two Conventions ratified by Chile and in force for that country. (Endnote_1)
3. The provisions of the Constitution of the International Labour Organization concerning submission of representations are as follows:
Article 24
In the event of any representation being made to the International Labour Office by an industrial association of employers or of workers that any of the Members has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party, the Governing Body may communicate this representation to the government against which it is made, and may invite that government to make such statement on the subject as it may think fit.
Article 25
If no statement is received within a reasonable time from the government in question, or if the statement when received is not deemed to be satisfactory by the Governing Body, the latter shall have the right to publish the representation and the statement, if any, made in reply to it.
4. The procedure to be followed in the case of representations is governed by the revised Standing Orders concerning the procedure for the examination of representations, as revised by the Governing Body at its 291st Session (November 2004). (Endnote_2)
5. In accordance with article 1 and article 2, paragraph 1, of the Standing Orders, the Director-General acknowledged receipt of the representation, informed the Government of Chile thereof and brought the representation before the Officers of the Governing Body.
6. On the recommendation of its Officers, the Governing Body decided at its 292nd Session (March 2005) that the representation was receivable, (Endnote_3) and at its 293rd Session (June 2005) appointed a committee (Endnote_4) to examine it, composed of Mr S. Rovirosa (Government member, Mexico), Mr J. de Regil (Employer member, Mexico) and Mr J. Gomez Esguerra (Worker member, Colombia).
7. In accordance with article 4, paragraph 1, clause (c), of the Standing Orders, the Committee appointed by the Governing Body invited the Government to send its observations on the representation. The Government sent its observations in a communication dated 6 May 2005.
8. The Committee met in Geneva on 7 November 2006 to examine the representation, the observations received and the available information.
Examination of the representation
A. The complainant's allegations
9. In its communication, the College of Teachers of Chile AG invoices the responsibility of the Government of Chile for failing to observe the provisions of ILO Conventions Nos. 35 and 37, which in its opinion undermines the rights of thousands of teachers affiliated to the College.
10. The complainant organization refers specifically to the social security arrears deriving from the non-payment of the further training allowance to entitled teachers by municipal employers. The further training allowance is a form of remuneration provided for in the Statute on the Teaching Profession; it amounts in value to up to 40 per cent of the national minimum basic wage and is paid retroactively from 1 January of the year following the year in which the amount due to each teacher is recognized.
11. As of October 2004, more than 140 municipalities had failed to pay the allowance or to sign agreements on the subject; by the middle of December 2004, the total amount involved was approximately 6,000 million pesos.
12. Social security contributions are deducted from a teacher's gross remuneration, which includes the further training allowance, and must be paid by the employer to the corresponding welfare body in an amount ranging from 20 to 30 per cent, depending on the pension scheme to which the teacher is affiliated.
13. In the opinion of the complainant organization, timely and full compliance by employers with their obligation to pay all the taxable remuneration to which a teacher is entitled - including the further training allowance - is a fundamental condition for their full entitlement to the health, old-age pension, invalidity, survivors', orphans' and other social security benefits.
14. In Chile the management and administration of public education are decentralized through municipalities or bodies set up by them, such as municipal corporations. For the most part, however, the financing of the public education system continues to be provided by the State, in accordance with national legislation, through the Ministry of Education.
15. The Ministry of Education is the institution that has been given the constitutional and legal responsibility of transferring to the administrative bodies the monthly financial resources required for the running of the public education system, including the resources for the payment of all the remuneration to which teachers are entitled by law, including the further training allowance. This financing takes the form of a monthly transfer of state subsidy units to the municipality-run public education system.
16. Consequently, in the opinion of the complainant organization, the Government of Chile bears direct responsibility for the financial and moral prejudice suffered by thousands of teachers who, though they meet all the legal requirements, have been deprived of the said allowance and of the welfare and health contributions inherent therein. That prejudice stems from the illegal, illegitimate and arbitrary failure of the Government of Chile to take appropriate action, in defiance of the state of law and in flagrant violation of Conventions Nos. 35 and 37 and of the Invalidity, Old-Age and Survivors' Recommendation, 1933 (No. 43).
17. Conventions ratified by the Government of Chile have force of law, and are even given constitutional rank, pursuant to article 5, paragraph 2, of the Chilean Constitution.
18. The complainant organization adds that, in addition to the ILO Conventions ratified by Chile, the representation is based on the Government's failure to comply with the provisions of section 6, subparagraph (f), of Legislative Decree No. 2 of 1998 on the state subsidy to educational establishments (Endnote_5) (henceforth referred to as "Legislative Decree No. 2 of 1998"). That provision requires the Ministry of Education, in the event of non- compliance, to institute administrative proceedings and impose sanctions ranging from a fine to permanent disqualification from office as administrator of the municipality-run public education system.
19. According to the complainant, the Government of Chile has acted negligently at least, in refusing to exercise the powers of ensuring supervision and applying sanctions conferred on it under section 48 of Legislative Decree No. 2. If it had acted with a minimum of speed and respect for the country's institutions, including compliance with the provisions of Conventions Nos. 35 and 37, the arrears in remuneration and social security to which the representation alludes would not have arisen.
20. Regarding the non-payment of the further training allowance which, in the complainant's view, is also a social security issue, the authorities have replied that the matter is the sole responsibility of the municipal employers, who for their part have stated that they do not have the necessary resources to pay it in full.
21. The complainant organization considers that the arrears in the further training allowance, in terms both of remuneration and of social security, are the responsibility of the Government of Chile. The Government's evasion of its responsibi1ity challenges and undermines the full effectiveness of the rule of law and the principle of legality inherent therein; these are the very foundations of public order in the field of labour and social security in Chile, which in turn derive from domestic law and ILO standards.
22. In the opinion of the complainant, the responsibility of the State derives from articles 6 and 7 of the Chilean Constitution and from sections 2 and 8 of Constitutional Organic Act No. 18575 of 1986, respecting the general bases of the administration of the State. (Endnote_6) In accordance with section 4 of that Act, the State is responsible for any damages caused by administrative bodies in the exercise of their functions, without prejudice to any liability that a public servant might have incurred by causing such damages.
23. Consequently, the complainant trusts that the Government of Chile will take all the necessary and appropriate steps to settle immediately the social security arrears arising from the non-payment of the further training allowance.
B. The Government's observations
24. In reply to the allegations, the Government states that the public education system in Chile is decentralized and that, therefore, the Government of Chile is in no way a party to the legal employment relationship that exists between the teachers or teaching staff and their employers.
I. Decentralization of the education system
25. Education in Chile has been decentralized since the 1980s and, although in 1990 the first democratic government confirmed that decision, the principles on which it was founded were radically different. It was hoped that a decentralized system of education would be better equipped to meet the demands and needs of the population and would at the same time be accountable for its management to the Chilean people. Moreover, the democratization of the municipalities at the beginning of the 1990s was seen as a precondition for initiating the process of legitimization of the system of municipalities. Since 1990, successive Governments have introduced a significant number of changes in the administration and financing of public education in Chile with a view to resolving certain problems that had arisen.
26. Accordingly, the education subsidy has been substantially and regularly increased in order to ensure the financing of all salary adjustments and the restoration of teachers' purchasing power; at the same time, the minimum level of financing of rural schools suffering from structural problems of enrolment was raised. The municipalities were provided with planning tools for streamlining the administration of their resources, the most important of these being the Annual Municipal Education Development Plan (PADEM), which is designed inter alia to organize income, expenditure and investment budgets in the education sector and monitor the number of teaching and non-teaching personnel.
27. From 1990 onwards, the subsidies policy has endeavoured to correct the most serious imbalances between income from subsidies and expenditure on the normal functioning of the various forms of education. The policy has entailed a significant increase in subsidies for rural schools, technical vocational education and adult education. As from 1995, special subsidies were introduced for schools in the poorest areas so as to provide support for students who are behind in their learning. The total cost of the subsidies, amounting on average to three-fifths of the education sector budget, increased in real terms by 185 per cent between 1990 and 2000 (compared to a corresponding drop of 11.5 per cent between 1982 and 1990).
II. Regulatory framework
28. Under Legislative Decree No. 2 of 1998, employers in the municipal or subsidized private sector receive an economic subsidy from the State. According to the administrative legal structure of the State, and in line with the provisions of article 107, paragraph 4, of the Chilean Constitution, the country's 345 municipalities that provide educational services are autonomous, decentralized bodies. No teacher, in the exercise of his or her profession, has as his or her employer counterpart the central Government or the Ministry of Education. The contracts of teaching professionals, and hence the income stipulated therein, are from the legal standpoint concluded between each teacher and his or her employer, whether the latter belongs to the subsidized private sector or the municipal sector, without the central Government being in any way involved.
29. The Government refers to section 4 of Legislative Decree No. 2 of 1998, which provides for the right of municipalities to use the subsidies they receive to fund the educational establishments under their responsibility. It further refers to the provisions of Legislative Decree No. 1-3063 of 1980, (Endnote_7) issued by the Ministry of the Interior, which stipulates that "fiscal or municipal resources intended for such establishments shall constitute their income for services provided".
30. The employment relationship of teachers working in the private sector (whether fee-paying or subsidized) is governed by the standards laid down in the Labour Code; exceptionally, certain benefits in the subsidized private sector are governed by Legislative Decree No. 1 of 1996 concerning the Teachers' Statute, issued by the Ministry of Education (henceforth "Legislative Decree No. 1 of 1996"). As to teachers employed in the municipal sector, their conditions of employment and remuneration are governed by a special provision in Legislative Decree No. 1 of 1996, which regulates the relationship between the municipal employer or administrator and the teacher.
31. The system of remuneration of teaching professionals in the municipal sector is for the most part governed by Title III, paragraph IV, and the transitional provisions of Legislative Decree No. 1 of 1996, and by Acts Nos. 19715 and 19933. This system is based on the gradual incorporation of various benefits with a view to effectively improving the regular remuneration of teachers. The result has been to create a scheme that is complex from the standpoint both of the diversity of allowances and benefits and of its financing, calculations and payments.
32. The benefits payable under this scheme include the further training allowance which, according to the Government, can be defined as "the monthly payment to which teaching professionals on a teaching staff are entitled for the improvement of their technical skills, and which may amount to up to 40 per cent of the national basic minimum wage". The allowance is provided for in section 49 of Legislative Decree No. 1 of 1996 and, pursuant to section 45 of the same Decree, is taxable.
IV. Responsibility and measures adopted
33. The Government maintains that, under the current legislation, payment of teachers' remuneration is the responsibility of the school owners or administrators (sostenedores), whether they belong to the municipal or the subsidized private sector. It states further that the tax revenues received by municipal schools entitled to an education subsidy should be regarded as their own income for services performed.
34. Notwithstanding the above, the Government has always been concerned at the non payment of, or arrears in, the payment of the further training allowance by certain municipal employers, a matter which, although the College of Teachers is aware of it, has not been referred to the courts. The complainant organization itself has acknowledged this in the document entitled "Protocol of Agreement between the Ministry of Education and the College of Teachers AG", dated 9 December 2003, which specifies the increases in pay and the conditions of employment agreed on by the parties for the period from February 2004 to January 2007.
35. In that document, the parties recognize that "apart from their legitimate differences, negotiations were marked by a constructive spirit and both parties put forward a number of measures aimed at strengthening education and the teaching profession, such as the bill authorizing the settlement of arrears in the further training allowance". Act No. 19926 (Endnote_8) was promulgated on 31 May 2003 with the aim of authorizing the payment of advances from the Common Municipal Fund in order to solve the problem, which affected a number of municipalities.
36. As a result of the application of the Act, a total of 64 municipalities in arrears qualified for receipt of the advance from their Common Municipal Fund and received a total of 3,925,090 pesos out of the 5 million authorized by the Act. As the total resources assigned to the Executive could not be utilized, the Government, at the request of the College of Teachers, submitted (Endnote_9) for consideration by the National Congress a bill intended to grant an extension of the time limit for exercising the power conferred on the Treasury by Act No. 19926.
37. With the approval of Act No. 19972 of 16 September 2004, advances from the Common Municipal Fund were authorized for the settlement of further training arrears of 24 other municipalities, which received a total of 1 million pesos out of the 1,025,913 pesos requested, totalling an advance of 4,925,090 pesos out of the 5 million originally authorized by Act No. 19926.
38. With a view to a definitive solution to the problem of new arrears in training allowances that might be accumulated by municipal employers, the Government states that, in addition to the measures already mentioned, the Ministry of Education and the College of Teachers agreed, among other things, in the Protocol of Agreement of December 2003 to "evaluate the current system of further training with a view to revising the current further training allowance as from 2006". That agreement should have led to the appointment of a technical committee and the adoption in 2005 of preliminary draft legislation on the subject. Despite repeated attempts by the Ministry of Education to get the College of Teachers to appoint its members, it had not been possible to set up the bipartite technical committee up to now, which did not prevent the Government from meeting its commitment to adopt the draft legislation on the subject in 2005.
39. The Government preferred to take legislative action to settle the social security arrears in the payment of the further training allowance, as the best option for teachers and for the education system. It considers that the mechanism provided for in section 6, subparagraph (f), of Legislative Decree No. 2 of 1998, referred to by the College of Teachers, only works to the detriment of teachers' remuneration and of education, since it involves state suspension of the resources from the school subsidy, which is generally the only source of funding available to municipalities for providing education services. Consequently, applying this mechanism would only have resulted in more arrears in teachers' remuneration and suspension of the educational function conferred on the State of Chile by the Constitution.
V. The Government's conclusions
40. Since the 1980s, the Chilean education system has been decentralized from the central Government level, and the teachers working in it have as their employer legal entities or individuals, in the privately funded system, or private individuals or municipalities, in the subsidized system. In addition, successive Governments have applied measures to improve municipal education, including a 185 per cent increase in the amount of subsidies during the 1990s.
41. Thus, in the exercise of their profession, no teacher has as his or her employer counterpart the Government or the Ministry of Education. Their legal employment relationship is governed by the Labour Code supplemented, exceptionally, by the provisions of the Teachers' Statute in the case of teachers working in the municipal education system.
42. As regards responsibility for alleged non-compliance with Conventions Nos. 35 and 37 and Recommendation No. 43, the Government has always been concerned at the non-payment of, or arrears in, the payment of the further training allowance by certain municipal employers, a matter which, although the College of Teachers is aware of it, has not been referred to the courts (see Article 11 of Convention No. 35).
43. The Government reiterates that in the Protocol of Agreement of December 2003 (see paragraph 47 above), the College of Teachers itself acknowledges the efforts made by the authorities to overcome the situation arising from municipal arrears in the form of two bills submitted to the National Congress, enabling 88 municipalities to receive an advance totalling 4,925,090 pesos.
44. In the same Protocol of Agreement, the College of Teachers agreed with the Government to evaluate the current further training allowance with a view to revising it as from 2006. However, the complainant organization had not appointed its members on that committee, which did not prevent the Government from abiding by its commitments under the Protocol of Agreement.
C. The Committee's conclusions
45. The Committee observes that the allegations presented by the complainant organization relate to the conformity in practice of the Chilean pension system established by Legislative Decree No. 3500 with Conventions Nos. 35 and 37. These allegations concern specifically the social security arrears arising from non-payment of the further training allowance by municipal employers to the teachers entitled to it. The Committee will therefore confine its examination to the latter aspect.
46. The Committee notes that, according to the complainant organization, as of October 2004, over 140 municipalities had failed to pay the further training allowance or to sign agreements on the subject. The allowance is a component of teachers' gross remuneration, on the basis of which their social security contributions are deducted. Timely and full compliance by employers with their obligation to pay their contributions is essential for full entitlement to old-age and invalidity benefits, among others. Although the management and administration of public education are decentralized through the municipalities, it is still financed- including the further training allowance - by the State through the Ministry of Education. Therefore, the Government is directly responsible for the financial prejudice suffered by teachers. The complainant organization considers that the Government has failed to exercise its powers of ensuring supervision and applying sanctions.
47. The Committee notes that the delay in payment of the further training allowance by municipal employers particularly concerns Article 10, paragraph 5, of Convention No. 35 and Article 11, paragraph 5, of Convention No. 37. Under those provisions, "self-governing insurance institutions shall be under the administrative and financial supervision of the public authorities". The Committee therefore considers that the fact that the management and administration of public education have been decentralized through the municipalities does not exempt the Government from the obligation to ensure compliance with the provisions of Conventions Nos. 35 and 37. As pointed out by the Committee set up to examine the representation made in 1997 (hereinafter referred to as "the 1997 representation") by the College of Teachers on the same Conventions, "by ratifying these Conventions, the State recognizes its responsibility for the protection of workers in the sphere of social security. It is clear from the preparatory work for these Conventions that, when entrusting the administration of insurance to autonomous authorities, a State cannot remain separate from the results of this administration and must retain the right to exercise supervision. The principle of autonomous management has as its corollary the principle of financial and administrative supervision of the administration of social insurance by the public authorities. The organization of supervision is thus an essential feature of the general social insurance mechanism, without which the application of national and international law could not be guaranteed." (Endnote_10)
48. The Committee notes the detailed information provided by the Government on the decentralization of education, the subsidies policy applied in the sector and the regulatory framework governing both the subsidies policy and conditions of employment in the education sector. Concerning the first point, the Government reiterates that the Chilean education system is decentralized and that under the current legislation the payment of teachers' remuneration is the responsibility of the school owners or administrators, whether they belong to the municipal or subsidized private sector. The Government states further that the tax revenues received by municipal schools entitled to an education subsidy should be regarded as their own income for services performed. Notwithstanding this, the Government states that it has always been concerned at the non-payment of, or air ears in, the payment of the further training allowance by certain municipal employers, a matter which, although the College of Teachers is aware of it, has not been referred to the courts (see Article 11 of Convention No. 35). The Committee considers that, as pointed out by the complainant organization, the State is responsible for damages caused by administrative bodies in the exercise of their functions, without prejudice to any liability that a public servant might have incurred by causing such damage. It also agrees with the statement of the Committee of Experts on the Application of Conventions and Recommendations, (Endnote_11) which observed that workers should not as a rule have to take the matter to the courts in order to receive benefits due to them and, if employers fail to meet their obligations, it is up to the State to take the necessary steps to ensure that the benefits are paid in practice.
49. Concerning the allegation that more than 140 municipalities had failed to pay the further training allowance or to sign agreements on the subject, the Government provides information on the measures, including legislation, adopted with the main intention of authorizing advance payments from the Common Municipal Fund in order to facilitate a solution to the problem affecting a number of municipalities that were still in arrears with the payment of further training allowances for teachers in the education services covered by Legislative Decree No. 1 of 1996 on the Teachers' Statute, issued by the Ministry of Education. The Committee notes this information with interest, and in particular the resources allocated for the settlement of the further training arrears to a total of 88 municipalities in arrears which qualified for receipt of the advance from the Common Municipal Fund to settle their arrears.
50. Concerning the agreements signed, the Committee notes with interest the Protocol of Agreement adopted by the complainant organization and the Government in December 2003 to "evaluate the current system of further training with a view to revising the current further training allowance as from 2006". That agreement should have led to the appointment of a technical committee and the adoption, in 2005, of preliminary draft legislation on the subject. The Government points out that, despite repeated attempts by the Ministry of Education to get the College of Teachers to appoint its members, it had not been possible to set up the bipartite technical committee up to now, which did not prevent the Government from meeting its commitment to submit draft legislation on the subject to Parliament in 2005. The Committee notes this information. It trusts that the Government will provide information on the progress achieved both in the appointment of the technical committee and in the adoption of the preliminary draft legislation.
51. Concerning the alleged non-compliance with the mechanism provided for in section 6, subparagraph (f), of Legislative Decree No. 2 of 1998, referred to by the College of Teachers in the representation, the Committee notes that the Government preferred to take legislative action to settle the social security arrears in the further training allowance as the best option for teachers and for the education system. The Government considers that education, since it involves state suspension of the resources from the school subsidy, which is generally the only source of funding available to municipalities for providing education services. Consequently, in the Government's view, applying this mechanism would only have resulted in more arrears in teachers' remuneration and suspension of the educational function conferred on the State of Chile by the Constitution. Like the Committee set up to examine the 1997 representation, this Committee wonders whether, in such cases, the Government might not have applied section 47 of Legislative Decree No. 2 of 1998, which provides that, where the decision is taken, by means of a resolution, not to suspend subsidies so as not to jeopardize the guarantee of the right to education, "the Ministry of Education shall withhold from the subsidy a sum equal to the unpaid contributions, which shall be ceded back once said contributions have been paid". (Endnote_12) The Committee wonders whether it might be appropriate for the Government to extend the application of section 47 of Legislative Decree No. 2 of l998 to the payment of training allowance.
52. The Committee also considers that the Government should examine the possibility of applying section 49 of Legislative Decree No. 2 of 1998, under which "the Ministry of Education may require owners and administrators of subsidized schools to provide a credit instrument or other independent guarantee for each establishment, which may be cashed in the event of default on the said obligation ". The Committee also considers that, in the event of non-compliance, the Ministry of Education should institute administrative proceedings and apply the penalties prescribed by law. The Committee therefore trusts that the Government will provide it with detailed information on the manner in which supervision is carried out in practice, as well as the penalties that may have been applied to municipalities that have failed to pay the further training allowance and, in that case, on the measures taken to compensate the damages caused.
53. The Committee considers that the Committee of Experts should continue to follow up on the matters raised in this report. Accordingly, it requests the Government, in its report under article 22 of the ILO Constitution, to provide information on the progress made in solving the problem of the social security arrears arising out of non-payment of the further training allowance. In this regard, it considers that the Government should provide information on the municipalities that are still in arrears with the payment of the teachers' further training allowance.
The Committee's recommendations
54. The Committee recommends that the Governing Body approve this report and, in particular, in the light of the conclusions in paragraphs 45 to 53 of the report:
(a) urge the Government to continue its efforts to ensure the application of Conventions Nos. 35 and 3 7, specifically:
- by taking all the necessary measures to solve the problem of the social security arrears arising from non-payment of the further training allowance;
- by continuing and strengthening the supervision of the effective payment of the further training allowance by the employers in arrears;
- where necessary, by ensuring the effective application of deterrent sanctions in the event of non-payment of the further training allowance and, in that case, the adoption of measures to compensate the damages;
(b) invite the Government to present a report under article 22 of the ILO Constitution on the application of Conventions Nos. 35 and 37, containing detailed information on all the measures taken or envisaged to secure effective payment of subsidies, including the further training allowance, to all the municipalities and on the manner in which the situation has evolved as a result of these measures, indicating in particular:
- the number of inspections carried out in particular by the Ministry of Education, to verify payment of the further training allowance by the municipalities, the number and nature of violations registered and the number and nature of penalties imposed;
- the number of municipalities remaining in arrears with regard to the payment of the further training allowance, the amount of such arrears, the number of workers affected and the amount of arrears settled;
- the outcome of the legislative procedure concerning the bill submitted in 2005 and aimed at solving the problem of social security arrears and, once the bill has been adopted, information on its implementation, including the number of municipalities requesting advances to enable them to pay the further training allowance;
- the follow-up to the Protocol of Agreement adopted by the complainant organization and the Government in December 2003 to evaluate the further training allowance;
- any agreement concluded with the aim of solving the problem of arrears; and
(c) declare closed the procedure initiated before the Governing Body as a result of the representation alleging non-observance by Chile of the Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35), and the Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37), made under article 24 of the ILO Constitution by the College of Teachers of Chile AG.
Geneva, 7 November 2006.
(Signed) Ms S. Rovirosa, Chairperson.
Mr J. de Regil.
Mr J. Gómez Esguerra.
Endnote 1
Conventions Nos. 35 and 37, ratified on 18 October 1935.
Endnote 2
Document GB.291/9(Rev.), Appendix I.
Endnote 3
Document GB.292/PV.
Endnote 4
Document GB.293/PV.
Endnote 5
Legislative Decree No. 2, adopted on 20 August 1998, and published in the Official Gazette on 28 November 1998, contains the revised, consolidated and systematized text of Legislative Decree No. 2 of 1996.
Endnote 6
Constitutional Organic Act No. 18575 of 1986, respecting the general bases of the administration of the State, published in the Official Gazette, 5 December 1986.
Endnote 7
Published on 13 June 1980.
Endnote 8
Act No. 19926 of 31 May 2003 authorized the Treasury to make advance payments of up to 5 million pesos against the municipalities' share of the Common Municipal Fund, to be paid in a single instalment in 2004 to the municipalities which administer (either directly or indirectly through corporations) the schools transferred from the Ministry of the Interior under Legislative Decree No. 1-3.063 of 1980 and which are in arrears (or whose corporations are in arrears) with the payment of teachers' further training allowances due on 30 April 2003 for teachers employed by those schools, in order to facilitate the settlement of the said arrears.
Endnote 9
Message No. 75-351 of 22 June 2004.
Endnote 10
Report of the Committee set up to examine the representation alleging non-observance by Chile of the Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35), and the Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37), made under article 24 of the ILO Constitution by the College of Teachers of Chile AG, document GB.274/16/4, para. 26.
Endnote 11
See observation of 2001 addressed to the Government of Spain, concerning certain provisions of the Social Security (Minimum Standards) Convention, 1952 (No. 102).
Endnote 12
See document GB.274/16/4, op. cit, para. 28.