Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the Confederation of Production and Commerce (CPC), received on 1 September 2016, on the application of the Convention. The Committee requests the Government to send its comments on the observations of the CPC.

Articles 2 and 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government refers to the consultations held with the CPC and the Single Central Organization of Workers of Chile (CUT) regarding the submission of the Domestic Workers Convention, 2011 (No. 189), ratified by Chile in June 2015, and indicates that the legislation giving effect to Convention No. 189 was adopted in March 2016. The Government adds that it consulted the CUT and the CPC in May 2015 on the possible ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). The Government reports that, in their replies, both the CPC and the CUT expressed their agreement with the ratification of both instruments. The Government indicates in its report that it has carried out significant initiatives in accordance with the provisions of the Convention. In this respect, the Committee notes with interest the adoption on 29 August 2016 of Act No. 20.940, section 4, which establishes a High Labour Council; a tripartite advisory body mandated to participate in the development of public policy proposals and recommendations aimed at strengthening and promoting social dialogue and a culture of fair, modern and collaborative industrial relations. In its most recent observations, the CPC indicates that the drafting process of the Bill did not respect the principles of social dialogue established in the Convention, as the dialogue carried out by the Government only considered the opinion of the workers. Moreover, the CPC maintains that the Government and the workers requested reports from the ILO Subregional Office in Santiago without notifying the employers to justify points raised in the Bill, which the CPC considers interference. The Committee further notes the launching on 4 August 2016 of the National Occupational Safety and Health Policy (PNSST), a policy linked to the ratification in 2011 of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Government indicates in its report that the PNSST was developed with the participation of the social partners and that regional dialogue workshops were held with the participation of the most representative organizations of employers and workers. In its most recent observations, the CPC refers to the regional workshops held by the Government in 2014 to gather the views of the actors involved in occupational safety and health, noting that the CPC was only invited to and participated in the opening and closing activities in the ILO Subregional Office in Santiago, Chile, and that, as a result, certain enterprises associated with the CPC did not formally participate in the launch activities. The CPC indicates that it nevertheless sent in writing its points of view on the draft of the PNSST prepared by the Presidential Advisory Council, the tripartite body responsible for analysing the draft. In its report, the Government also refers to participatory dialogues carried out in July 2016 with, inter alia, enterprises and trade unions in connection with the development of the Human Rights and Enterprises Action Plan and the establishment of the Ministerial Advisory Committee on Migration and International Affairs pursuant to Ministerial Decree No. 5 of 29 January 2016, the functions of which include ensuring that public policies and programmes are designed and implemented in dialogue with citizens, including workers and employers. The Committee requests the Government to continue reporting on the effective tripartite consultations held on the matters relating to international labour standards, as required by Articles 2 and 5 of the Convention. The Committee refers to its observation on the obligation of submission established under article 19(5) and (6) of the ILO Constitution, in which it notes that 30 instruments adopted by the International Labour Conference are pending submission. The Committee requests the Government to report on the effective tripartite consultations held on the proposals submitted to the National Congress in connection with the submission of the instruments adopted by the Conference (Article 5(1)(b) of the Convention), as well as on the unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c) of the Convention).