Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Chile (Ratification: 1994)

Article 5 of the Convention. Child assistance and family assistance services. In its previous comments the Committee requested the Government to make efforts to extend the benefit of childcare facilities to working fathers and to send statistical data on the crèches and kindergartens established and on the supervisory measures taken to ensure that the requirement to provide childcare facilities is observed. The Committee notes the information supplied by the Government to the effect that a working party has been set up with a view to extending the entitlement to crèche facilities to all children under 3 years of age whose parents work. The Government deems this to be an improvement on the current requirement, which is to provide crèche facilities to women workers in enterprises with staff of over 20, as it is a disincentive to the hiring of women. The Government adds that the Labour Directorate oversees compliance with the obligation to provide crèche facilities and sends statistical information on reports of non-compliance and the sanctions imposed. The Committee requests the Government to send information on developments in the working party which is examining the possibility of extending the entitlement to crèche facilities to all children under 2 years of age whose parents work and on the application of the measures establishing access to crèche facilities for the children of male and female secondary school students. The Committee requests the Government to continue to send statistical information disaggregated by sex on the number of workers and students benefiting from crèche facilities and the reports filed on non-compliance with the obligation to provide nursery facilities for workers’ children. The Committee requests the Government to report on any other measures taken to accommodate the needs of workers with family responsibilities.

Article 6. Awareness-raising measures. The Committee notes the information from the Government to the effect that the National Service for Women and Gender Equality (SERNAMEG) is taking measures to increase opportunities for women to join and remain in the labour market. With this in view, measures are being taken towards a cultural shift in the social relations between men and women. To this end, the Observatory for Good Labour Practices for Gender Equality has been established and collects information on measures taken to reduce gender gaps and encourage joint parental responsibility. The Government further indicates that SERNAMEG awards a gender equality seal, the “Sello Iguala-Conciliación”, to organizations that have adopted good labour practices for gender equality in terms of joint parental responsibility, disseminating and promoting the exercise of shared parental responsibilities, etc. The Government provides information on the enterprises that have already received this certification. Observing that, according to the statistical information provided, the number of fathers who make use of parental leave and leave in the event of sickness of dependent children or who apply for the corresponding allowances is considerably lower than that of mothers, the Committee requests the Government to continue to take proactive measures to educate and provide information to improve understanding among workers and employers and their organizations as well as the public at large of the problems faced by workers with family responsibilities and to encourage parents to make use of these entitlements. The Committee requests the Government to continue to provide information on all developments in this regard.

Article 7. Vocational guidance and training. The Committee requests the Government to indicate the specific vocational guidance and training measures taken to ensure that workers with family responsibilities are able to become and remain integrated in the labour force.

Article 8. Protection against dismissal. The Committee notes the information from the Government to the effect that the Labour Directorate has responsibility for checking that men and women workers are not dismissed on grounds of pregnancy or for taking parental leave and adds that reports of such instances have decreased because employers have gained greater awareness about respect for family responsibilities. The Committee also notes the statistical information on the number of complaints and the sanctions imposed by the Labour Directorate for non-compliance with the prohibition of dismissal of pregnant women, adoptive fathers or fathers that have taken parental leave. The Committee requests the Government to continue to provide statistical information on complaints submitted regarding dismissals on grounds of pregnancy, maternity and use of maternity and postnatal leave, the redress granted and the sanctions imposed.

Article 9. Collective agreements. The Committee welcomes the statistical information provided by the Government on collective agreements that contain clauses on the establishment of facilities for infant care, breast feeding and care for young children, reporting 397 collective agreements in 2012, 454 in 2013, 549 in 2014, 536 in 2015 and 240 between January and July 2016, and expresses the hope that this trend, which constitutes evidence of constructive labour relations, will continue in the future.

Article 11. The Committee notes that the Government indicates that the “Programme of Good Labour Practices and Decent Work for Gender Equality” provides for interaction with workers’ organizations to encourage them to place gender issues on their agendas. The Committee requests the Government to continue to send information on the activities carried out in conjunction with workers and employers organizations on matters related to the application of the Convention.