Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Chile (Ratification: 1999)

The Committee notes the Government’s observations on the comments made by the Confederation of Municipal Workers of Chile (ASEMUCH) in a communication dated 6 June 2003 criticizing a Bill which would deny the right to collective bargaining of organizations of municipal officials. In its previous direct request the Committee drew the Government’s attention to the fact that municipal officials should enjoy the right to collective bargaining, even though this right may be subject to specific arrangements. The Committee notes the Government’s indications that: (1) there are no laws or regulations violating the provisions of the Convention, but there had merely been an exchange of opinions at one of the meetings of the Technical Board composed of representatives of the Government and of ASEMUCH with the view to exchanging ideas, opinions and suggestions relating to the contents of the regulations covering the new functions entrusted to 350 municipal authorities in the country by the Political Constitution; (2) at the above meeting of the Technical Board, the Government representatives submitted a minute setting out the basic conditions for the participation of workers in the determination of conditions of employment at the municipal level, based on the requirements of Convention No. 151; (3) the minute in question has no legal effect, as it is neither a law nor a regulation and consists of a reminder of the basic ideas relating to the participation of municipal workers in the determination of conditions of employment in the various municipalities in the country; (4) the Government has begun to examine and prepare a Bill covering the functions entrusted by article 110 of the Constitution to all the municipal authorities in the country. The Committee notes with interest that, according to the Government, its proposal adequately protects the established mechanisms for negotiation, participation and consultation which pertain to statutory contractual conditions of service, such as those of municipal officials, and that it once again expresses its full availability for dialogue and agreement with municipal officials.

In this respect, the Committee recalls that, in accordance with Article 6 of the Convention, only public servants engaged in the administration of the State (and particularly those working in ministries and other comparable government bodies) and those acting as auxiliaries to them may be excluded from the scope of application of the Convention. Under these conditions, the Committee reiterates that municipal officials are covered by the scope of application of the Convention and that they should therefore enjoy the right to collective bargaining. The Committee accordingly requests the Government to take measures in this sense and hopes that the Bill referred to above will be the subject of consultation with the trade union organizations concerned.

The Committee also notes the comments made by the National Inter-enterprise Trade Union of Metal, Energy, Communication and Allied Workers (SME), dated 12 May 2004, on the application of the Convention and the Government’s observation thereon.

The Committee intends to examine these comments next year as well as the other matters raised in its previous direct request in the context of the regular reporting cycle on the application of the Convention (see 2003 direct request, 74th Session).