Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the comments on the application of Conventions Nos 35 and 37 received from the National Confederation of Municipal Employees of Chile (ASEMUCH) on 30 May 2011 with respect to the determination of remuneration taken into account to compute old-age pensions; as well as the collective comments on Conventions Nos 35 and 36, from the National Association of Public Employees (ANEF), the Association of Employees of the Women’s National Service, the College of Teachers of Chile A.G., the National Confederation of Business and Services, and the Confederation of Unions in the Banking and Financial Sectors of Chile, dated 15 September 2011, with respect to the differences in the rates of old-age pensions granted to men and women by the private pension system. The Government is invited to reply to these comments in its next report due by 1 September 2012.

With regards to the representation made by the College of Teachers AG in 2009 under article 24 of the ILO Constitution alleging non-observance by Chile of Conventions Nos 35 and 37, the Governing Body has referred the matter for examination to a tripartite committee set up to this effect at its 311th Session (June 2011). In accordance with its usual practice, the Committee has decided to suspend the examination of this issue awaiting the end of the article 24 procedure.

Finally, the Committee hopes that, in its next report, the Government will provide detailed information on the follow-up given to the recommendations made by the tripartite committees established to examine:

• -the representations made in 1985 by the National Trade Union Coordinating Council (CNS) (ILO Official Bulletin Vol. LXXI, 1988, Series B, Supplement 1) and in 1998 by a number of national trade unions of workers of the private sector pension funds (AFPs) (document: GB.277/17/5); and
• -the representations made in 1997 and 2004 by the College of Teachers of Chile A.G. (documents: GB.274/16/4 and GB.298/15/6).