Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. The Committee notes the detailed report sent by the Government and the information supplied in reply to its previous request. In particular, the Committee notes with interest the amendments to the Labour Code with regard to workers with responsibility for dependent children. The Committee also notes the Code of Good Labour Practices on Non-discrimination, the general terms of which contribute to a better application of the Convention.

2. Articles 4 and 5 of the Convention. The Committee notes with interest that Act No. 19824, published in the Official Journal of 30 September 2002, amending section 203(1) of the Labour Code, extends the obligation of maintaining crèches to those industrial and service centres that have the same corporate name or legal personality, which combined employ 20 or more workers. According to the Government’s report, industrial or service establishments which separately employed less than 20 employees and which were previously not obliged to run a crèche will now have to do so as a result of being considered collectively. The Committee requests the Government to supply information on the impact of this measure, mentioning, in particular, whether there has been any increase in the number of childcare facilities as a result thereof.

3. The Committee had requested the Government to extend the benefit of crèches to the children, under 2 years of age, of working fathers in keeping with the objective of the Convention. It notes the Government’s indication that this request could be implemented only if the Government subsidized the additional costs which would be incurred by the enterprise. The Committee would be grateful if the Government would continue its efforts to extend the benefit of day-care centres to the children of working fathers in conformity with the Convention, and provide information on any developments in this respect. The Committee again asks the Government to supply information on the inspections undertaken in relation to the application of Act No. 19591 concerning the right to childcare.

4. Article 8. In its previous comments, the Committee referred to section 195(2) of the Labour Code, which explicitly provides that fathers do not enjoy the employment protection set out in sections 201 and 174 of the Labour Code. The Committee had previously noted that, although section 195 grants maternity benefits to working fathers in the event of the mother’s death, it explicitly stated that fathers do not enjoy the same protection from dismissal as that afforded to mothers. While noting the Government’s statement that, by virtue of sections 159 and 160 of the Labour Code respecting termination of the employment contract, no worker may be dismissed on the grounds of their family situation, the Committee nevertheless noted that the explicit exclusion of working fathers from the protection afforded to working mothers by section 195(2), is not in conformity with the Convention. The Committee therefore once again recommended that the Government amend this provision with a view to establishing equality of treatment in working life between men and women with family responsibilities. The Committee notes with satisfaction that the amendments introduced by Act No. 19670, published in the Official Journal of 15 April 2000, modifies section 195 of the Labour Code to grant fathers the same protection against dismissal as mothers. It also notes that, as requested by the Committee, these provisions have been extended, under Act No. 20047 (published in the Official Journal of 2 September 2005), to single or widowed men or women who have adopted a child. The Committee requests the Government to provide information on the implementation of these new provisions.

5. Bearing in mind the results of the “Survey on remuneration and labour costs – analysis by sex”, which states that although the law entitles men to take leave for the purpose of childcare, this entitlement is rarely taken up because it does not correspond in ideological terms to the traditional male breadwinner role, the Committee invites the Government to continue to monitor this aspect and to keep it informed of any measures taken to encourage men to take such leave, and the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.