Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre las relaciones de trabajo en la administración pública, 1978 (núm. 151) - Chile (Ratificación : 2000)

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Articles 1 and 4 of the Convention. Scope of application and adequate protection against acts of anti-union discrimination. The Committee notes with interest the amendment to section 485 of the Labour Code through Act No 21.280 of 9 November 2020 on the scope of application of the procedure for labour protection, making the labour protection procedure whereby workers may lodge complaints of violations of fundamental rights, unfair or anti-union practice in collective bargaining applicable to public employees of the State administration, irrespective of the branch of government or employing entity. The Committee also notes the amendment to section 486 of the Labour Code through the same Act, establishing that responsibility for oversight of labour relations between the State administration and its officials lies with the Comptroller General of the Republic, and that labour inspectors are empowered to receive complaints where public employees consider their fundamental rights have been violated. The Committee also notes that the amendment to section 489 of the Labour Code establishes that in cases of serious discriminatory dismissal, confirmed by a judge, the public employee may opt for appropriate compensation or reinstatement.

Article 7 of the Convention. Right to collective bargaining. In its previous comment, the Committee invited the Government to continue providing information on the agreements concluded through collective bargaining in the public sector. The Committee notes the Government’s statement, in its reports on the present Convention and on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that: (i) collective bargaining is expressly prohibited for the public sector, pursuant to the Act – Labour Code – which derives its authority to limit this fundamental right from the Political Constitution of the Republic itself; (ii) in practice, however, associations of public sector officials have periodically entered into negotiations with the Executive; and (iii) an agreement on adjustments to the wages of workers in that sector was concluded in December 2022. The Minister of Finance and the Minister of Labour and Social Welfare represented the Government in the negotiations, while the public sector was represented by the Single Central Organization of Workers (CUT) and various public sector groups. While welcoming the information on the development of collective bargaining in practice, the Committee invites the Government to consider adopting the necessary legislative reform to ensure a stable legislative framework for collective bargaining. The Committee also requests the Government to continue providing information on the agreements concluded through collective bargaining in the public sector.