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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Chile (Ratification: 1992)

Effective tripartite consultations. With reference to its 2009 observation, the Committee notes the Government’s detailed reply received in September 2011. The Government recalls that there are no provisions in national law establishing rules to determine the most representative organizations in the light of international labour Conventions. In the context of the Convention, the Government considers the various organizations which by their number, sectoral representation and influence in local matters can be considered representative organizations and influential actors in labour matters in the country. The Government indicates that it has invited to comment on reports on the application of ratified Conventions the Confederation of Production and Trade (CPC), the National Confederation of Micro, Small and Medium-sized Enterprises of Chile (CONAPYME), the Single Confederation of Workers (CUT), the Autonomous Central Union of Workers (CAT) and the National Union of Workers (UNT) (Article 5(1)(c) of the Convention). The Government indicates that it has the firm intention of continuing effective tripartite consultations with the most representative national bodies of workers and employers, but not exclusively with any one of them. The Committee refers to its 2009 observation in which it indicated that by using the phrase “representative organizations” in the plural, the Convention invites governments to include in the procedures those representative organizations which have indicated their interest in participating in the tripartite consultations required by the Convention. The Committee invites the Government to include information in its next report on the effective tripartite consultations held with the representative organizations concerned in relation to international labour standards which are required by the Convention (Articles 2 and 5).

Article 5(1)(b). Tripartite consultations prior to the submission to the National Congress of the instruments adopted by the Conference. The Government indicates in its report that it has complied strictly with Article 5(1) of the Convention. The Committee refers to its observation on the obligation of submission envisaged in article 19(5) and (6) of the Constitution of the ILO in which it indicates that 28 instruments adopted by the International Labour Conference are awaiting submission. The Committee requests the Government to provide information on the effective consultations held with the social partners concerning the proposals made to the National Congress on the occasion of the submission of the instruments adopted by the Conference.