Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Chile (Ratification: 2011)

Article 4(1) and (2) of the Convention. National occupational safety and health (OSH) system. The Committee recalls that the Governing Body approved, in March 2016, the report of the committee set up to examine the representation alleging non-observance by Chile of Convention No. 187, made under article 24 of the ILO Constitution by the College of Teachers of Chile AG (GB.326/INS/15/6). Subsequently, in November 2016, the College of Teachers of Chile AG made a second representation under article 24 of the ILO Constitution, in which it alleged non-observance by Chile of the recommendations relating to several issues raised in the previous representation. In March 2017, the Governing Body, on the recommendation of its Officers, found that the second representation was receivable. It postponed the decision to appoint a tripartite committee to examine the new representation and invited this Committee to examine the allegations contained in the latest communication from the College of Teachers of Chile AG, in the context of the follow-up given to the recommendations relating to the previous representation (GB.329/INS/21/3).

In the Committee’s subsequent examination, it noted that, in the latest representation, the College of Teachers of Chile AG alleged that: (a) the Government had not implemented the recommendations of the tripartite committee relating to the previous representation, as it had not determined the time to be allocated for teacher appraisals in consultation with the College of Teachers of Chile AG, and Act No. 20903 of 2016 (Teaching Careers Act) did not indicate the number of non-teaching hours to be allocated to teachers for appraisals, or where they are to be undertaken; and (b) the hours spent on appraisals constitute additional, unpaid and mandatory work, which is therefore damaging to the occupational health of teachers. It also noted the Government’s indication that: (1) with respect to the alleged lack of consultations, the College of Teachers of Chile AG participated directly in the formulation of the teacher appraisal process established by the Teaching Careers Act; (2) with respect to the time required to carry out appraisals, the Office of the Comptroller General of the Republic had determined in repeated opinions that this type of appraisal was a non-teaching activity, and must be carried out within working hours and that work performed outside of working hours shall be paid as overtime; and (3) as appraisals are a mandatory process for teaching professionals in educational establishments that are dependent on municipal authorities, the parties are required to agree on, in the employment contracts as non-teaching curricula, the hours to be spent on this appraisal process. The Government indicated that it was in the process of developing regulations to determine more specifically the work and activities that may be included in the definition of non-teaching curricular hours, in accordance with section 6 of the Teachers’ Statute, as amended by the Teaching Careers Act.

The Committee recalls that in June 2018 and October 2020, the Governing Body postponed once again the appointment of a committee charged with examining the new representation pending examination by this Committee (GB.333/INS/8/1, June 2018 and GB.340/INS/19/9, October 2020).

The Committee recalls that, in its previous comments, it requested the Government to provide information on the consultations held on the development of the teaching appraisal process established by the Teaching Careers Act, and on the progress made in the formulation of regulations to determine non-teaching curricular hours.

In this regard, the Committee takes due note of the Government's indication in its report that the College of Teachers of Chile AG has participated directly and actively in the study and development of the process of evaluation and professional development of teachers and that it has been heard and received in all instances of the legislative process, as can be seen from the reports of the education committees and the two parliamentary chambers.

In addition, the Government indicates that in accordance with section 69 of the Teachers’ Statute, as amended by the Teaching Careers Act, teaching hours have been reduced to increase non-teaching working hours. Accordingly, since the 2019 school year, only 28 hours and 30 minutes of the 44 hours of work per week can be dedicated to teaching (65 per cent of working hours, in comparison with 75 per cent prior to the change). The Committee notes the document communicated by the Government entitled "Increase in non-teaching working hours, an opportunity for the professional development of teachers", published in 2019 by the Ministry of Education. The Government indicates that this document provides guidance on the use of non-teaching working hours for professional development activities and guides the management of institutions on managing the reduction in teaching hours. This document also shows the distribution between teaching hours, non-teaching hours and rest. Finally, the Committee notes that the regulations to determine the work and activities that may be included in the definition of non-teaching curricular hours are at the last stage of their preparation and are being examined for their finalization. The Committee welcomes the information communicated by the Government as well as the measures taken to give effect to the recommendations made in the context of the representation presented by the College of Teachers of Chile AG. The Committee requests the Government to provide a copy of the regulations to determine activities and work that may be included in the definition of non-teaching curricular hours as soon as it is adopted following full tripartite consultations and to continue to provide information on the tripartite consultations carried out in this regard.

In addition, the Committee recalls that it intends to examine, in the context of the regular reporting cycle (2022), the following matters raised in its comments made in 2016, and hopes that the Government will provide full information in this regard.

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. The Committee requests the Government to provide information on the consultations held in relation to the measures that could be taken for the ratification of the relevant ILO Conventions on OSH.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on the consideration given to the specific problems of teachers within the framework of the national policy.

Article 5. National programme. The Committee requests the Government to provide information on the formulation of the national programme and the consideration given to the specific features of teaching work in this regard.