Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35) - Chile (Ratification: 1935)

The Committee notes the information provided by the Government in its latest report in reply to its previous comments. It notes in particular that the Government is examining, in accordance with the decision of the Governing Body at its 265th Session (March 1996), the possibility of ratifying Convention No. 128, which will result in the denunciation of Conventions Nos. 35 to 38. For this purpose, it has undertaken technical studies and analyses in order to determine whether Convention No. 128 can be applied, taking into account the current legislation, and particularly the system for the management and financing of pensions adopted in 1980, as well as the differences between Convention No. 128 and Conventions Nos. 35, 36, 37 and 38.

Furthermore, the Committee notes that at its 271st Session (March 1998), the Governing Body set up a committee to examine the representation made under article 24 of the Constitution by the College of Teachers of Chile A.G. alleging non-observance by Chile of Conventions Nos. 35 and 37. Moreover, at its most recent session (273rd, November 1998), the Governing Body declared receivable the representation made under article 24 of the Constitution by a number of national trade unions of workers of private sector pension funds concerning the system for the private administration of pensions and alleging non-observance by Chile of Conventions Nos. 35, 36, 37 and 38.

In accordance with its usual practice, the Committee has decided to suspend its examination of the application of these Conventions while awaiting the decisions of the Governing Body.

The Committee also notes the observations received on 20 October 1998 from the Unitary Occupational Front of Pensioners and Survivors of Chile (Region V) alleging that the adjustment of the pensions provided under the former system of the redistribution of pensions is not sufficient taking into account the international standards ratified by Chile. These observations were transmitted to the Government on 11 November 1998. The Committee has decided to postpone its examination of this question until its next session so that it can examine these observations in the light of any additional information that the Government may be able to provide in this respect.