Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations made by the Single Central Organization of Workers of Chile (CUT-Chile), received on 13 September 2018. The Committee requests the Government to send its comments on the observations of CUT-Chile.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes with interest the detailed information provided by the Government concerning the activities of the High Labour Council during the reporting period. In particular, the Government refers to the creation of a number of standing sectoral tripartite committees, such as the Thematic Committee on Disability and the Thematic Committee on the Implementation of the Maritime Labour Convention of 2006 (MLC, 2006). The Government indicates that the latter examined the national legislation in order to identify legislative adjustments needed to ensure compliance with the MLC, 2006. The Government again refers to the holding of tripartite consultations in 2014 and 2015 within the framework of the Advisory Council for Occupational Safety and Health, as well as various regional tripartite workshops for the development of the "National Occupational Safety and Health Policy (PNSST)", with a view to implementing the provisions of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). In this regard, the Government indicates that, contrary to what was stated by the Confederation of Production and Commerce (CPC) in its observations of 1 September 2016, employers' organizations were also invited to participate in these tripartite workshops (8 August and 22 July 2014, and 9 March 2015). In addition, in 2017–18, tripartite consultations and workshops were held, some of them with the collaboration of the ILO, in order to draw up the “National Programme on Occupational Safety and Health”, which was finally adopted on 2 February 2018. The Committee notes, however, the observations of CUT-Chile, in which it maintains that it did not receive copies of the report on ratified Conventions, submitted under article 22 of the ILO Constitution, sufficiently in advance to be able to comment on them. In this context, the Commission recalls that "in order to be 'effective', consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted … . The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions.” (see 2000 General Survey on tripartite consultations, paragraph 31). Finally, the Committee notes that the Government has not provided information on the tripartite consultations held on replies to questionnaires concerning International Labour Conference agenda items, the submission of instruments to the National Congress, the re-examination at appropriate intervals of unratified Conventions and of Recommendations, and proposals for the denunciation of ratified Conventions (Article 5(1)(a), (b), (c) and (e)). The Committee therefore requests the Government to provide detailed up-to-date information indicating the specific content, frequency and outcome of the tripartite consultations held on all matters relating to international labour standards covered by Article 5(1) of the Convention. In the light of the observations of CUT-Chile, the Committee also requests the Government to provide information on consultations held with the social partners on how the functioning of the procedures required by the Convention could be improved, including the possibility of establishing a timetable for drafting reports sufficiently in advance (Article 5(1)(d)).