Weekly Rest (Industry) Convention, 1921 (No. 14) - Chile (Ratification: 1925)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry), 14 (weekly rest in industry) and 30 (hours of rest in commerce and offices) in a single comment.

Legislative developments. The Committee notes the indication in the Government’s report that a bill amending the Labour Code, reducing working hours from 45 to 40 hours per week, is currently being considered. The Committee also notes that, according to the information available on the official website of the Senate of the Republic, the bill was introduced on 8 March 2017 and is currently going through its second constitutional reading, and on 19 October 2022, a new Labour and Social Welfare Committee preliminary report on the bill was unanimously adopted (Official Gazette No. 11179–13). In this regard, taking into consideration all of these elements and in order to enable it to carry out the analysis of the application of these Conventions with as much updated information as possible, the Committee requests the Government to provide information on: (i) the stage reached in the adoption process of the aforementioned bill; (ii) the categories of workers concerned and the practice followed in cases in which sections 38 (exceptional systems for the distribution of hours of work and periods of rest authorized by the Director of Labour) and 39 (biweekly working hours) of the Labour Code (in particular, in relation to the mining sector) are applied; and (iii) any relevant legislative or other information relating to the application of the Conventions. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard, as necessary.

[The Government is asked to reply in full to the present comments in 2023.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes the Government’s indication that industrial workers in the public sector, such as workers of the National Copper Corporation (CODELCO) and the National Oil Company (ENAP), are covered by the provisions of the Labour Code in the absence of specific statutes such as those established by Acts Nos 18.834 and 18.883 concerning administrative and municipal employees.

Article 7. Rosters. Further to its previous comment on this matter, the Committee once again requests the Government to provide copies of the notices and rosters currently used to make known to the workers of each enterprise the rest days and hours, as required by this Article of the Convention.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, information concerning the number of workers covered by the legislation, extracts from the reports of the inspection services indicating the number of violations reported with regard to weekly rest and the sanctions imposed, copies of relevant collective agreements, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided with the last report and the Government’s reply to its previous comments. It further notes that Law No. 19759 of 27 September 2001 modifies the Labour Code and Law No. 1 of 31 July 2002 contains its consolidated version. The Committee asks the Government to supply further details on the following questions.

Article 2, paragraph 1, of the Convention. The Committee notes that section 1 of the Labour Code exempts the public service from its scope inasmuch as specific statutes cover it. It requests the Government to indicate the measures which ensure the application of the Convention to industrial workers in the public sector.

Article 7. The Committee notes the provisions made under sections 153-156 concerning the keeping of records and the posting of hours of work and weekly rest as a means of ensuring the proper administration of weekly rest. It requests the Government to supply specimen copies of notices and rosters specified in virtue of Article 7 of the Convention.

Part V of the report form. Please continue to supply, with future reports information on the working of inspection in respect of weekly rest, including, where appropriate, relevant extracts from inspection reports and statistics on the number and nature of any contraventions of the weekly rest provisions of the Labour Code.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the observations submitted by the World Federation of Trade Unions (WFTU) on the application of the Convention and the shortcomings noted in a tyre enterprise. The Committee also noted the information supplied by the Government in reply to its observations, in particular, on the nature of contraventions reported in this enterprise by the labour inspection and the penalties imposed. Finally, it notes the Government's indications in respect of the state of national legislation with regard to the possibility of establishing exceptions to the common regime of weekly rest.

Recalling that under Article 4 of the Convention, total or partial exceptions may be authorized only after consultation with the representative organizations of the employers and workers concerned, and that compensatory periods of rest for the suspensions on diminutions made must be established (Article 5), the Committee requests the Government to supply a list, in its subsequent reports, of the exceptions authorized as well as general information on the manner in which the Convention is applied in practice, specifying, for example, the number of workers protected by the legislation as well as the number and nature of contraventions reported, as required by Article 6 of the Convention and Part V of the report form.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the detailed information and attached documentation provided in the Government's report for the period ending 30 June 1994. With reference to its previous comments, the Committee requests the Government to continue to provide further information on the manner in which the Convention is applied, in accordance with Part V of the report form. It requests the Government to supply in particular statistics on the number of workers affected when exceptions from the weekly rest provisions are made under section 38(2) of the 1994 version of the Labour Code for the copper mining industry.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the observations submitted by the CODELCO-CHILE Workers' Union No. 7, El Teniente division, concerning the application of the Convention in the copper mines. In reply, the Government has referred to its report for the period ending 30 June 1990.

The Government has indicated in previous reports that, for technical and economic reasons, the work undertaken in the copper mines cannot be interrupted and is, therefore, excepted from the obligation to provide a weekly rest day on Sundays by virtue of section 37(2) of the Labour Code and point 2 of the Second Category set forth in Decree No. 101 of 16 January 1918. In its comments for 1989, the Committee had noted in this respect that, in the light of the information available to it, the application of the Convention had not been questioned.

The Committee recalls that, in accordance with Article 5 of the Convention, where such exceptions are permitted, section 37 of the Code calls for an equivalent period of compensatory rest to be granted. The Government is requested to indicate the manner in which the Convention is applied in practice by providing, in accordance with Part V of the report form, statistics on the number of workers affected by the exception made for the copper mining industry and copies of the sections concerning weekly rest and any special rotation systems established which form part of the internal orders called for under sections 149 and 150 of the Code.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the observations submitted by the Confederation of Copper Workers concerning the application of the Convention and the comments forwarded by the Government on this subject. According to the Confederation, the management of the Codelco Salvador enterprise is strongly pressuring workers employed in the extraction of minerals to accept exceptions to rest-days on Sundays and public holidays, although such exceptions are only authorised in the cases listed restrictively in section 37 of the Labour Code (among which the work of extraction does not appear).

In its comments, the Government indicates that, after examining the situation, the Labour Directorate arrived at the conclusion that the observations submitted by the Confederation of Copper Workers were groundless. The workers in question are employed in work which, for technical and economic reasons, cannot be interrupted. They can therefore be excepted from the rest-day on Sundays and on public holidays, in accordance with the provisions of section 37(2) of the Labour Code and of point 2 of the IInd category under Decree No. 101 of 16 January 1918, issuing regulations respecting the rest-day on Sundays.

In the light of the information available to it, the Committee notes that the application of the Convention has not been questioned. It also points out that Article 4 of the Convention clearly establishes that the State may authorise total or partial exceptions to the principle of the weekly rest-day, provided that special regard is had to all proper humanitarian and economic considerations.