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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Chile (Ratification: 1994)

Articles 3, 4 and 8 of the Convention. National policy. Leave entitlement, protection against dismissal. The Committee notes that the Government refers to various legislative and practical measures taken for the protection of workers with family responsibilities. Among these, the Committee notes with interest the adoption of Act No. 20.545 of 17 October 2011 on postnatal parental leave, Act No. 20.535 of 3 October 2011 on leave from work in order to care for minors with disabilities, and the measures allowing access to crèche facilities for the children of secondary school students of both sexes with the aim of preventing school drop-out. By May 2016, 109 crèches had been set up in or close to school establishments. The Committee notes that Act No. 20.545 adds section 197bis to the Labour Code establishing postnatal parental leave of 12 weeks following maternity leave. Under this provision, women workers may opt, at the end of maternity leave, to return to work on a half-time basis, in which case the parental leave is extended to 18 weeks. Furthermore, from the seventh week of the postnatal leave, the woman worker may opt, if both parents are workers, to share the remaining leave with the father. Any employer opposing recourse to such leave will be sanctioned. This entitlement is open to adoptive parents and to legally appointed guardians of minors. The Act No. 20.545 also provides protection against dismissal (“immunity from dismissal”) for pregnant women for up to one year following the expiry of maternity leave, for fathers who have recourse to postnatal parental leave under section 197bis and for men and women workers who adopt children. The Committee further notes that Act No. 20.535 adds section 199bis to the Labour Code allowing for leave of absence from work for a number of hours equal to ten days a year in order to care for a minor with a disability. The Committee requests the Government to continue to provide information on the practical measures taken under the national policy to enable workers with family responsibilities to engage in employment without discrimination. The Committee requests the Government to provide information, including statistics disaggregated by sex, job sector and industry, on the practical effect given to sections 197bis and 199bis of the Labour Code, specifying the number of mothers and fathers who have had recourse to postnatal parental leave.