Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Chile

Sickness Insurance (Industry) Convention, 1927 (No. 24) (Ratification: 1931)
Sickness Insurance (Agriculture) Convention, 1927 (No. 25) (Ratification: 1931)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 24 (sickness insurance, industry) and 25 (sickness insurance, agriculture) together in a single comment.

Article 7(1) of the Conventions. Contribution to the establishment of the sickness insurance fund. The Committee notes the information provided by the Government in its report with regard to the requirement for employers to pay monthly contributions for their workers, under the terms of Act No. 16744 of 1968, establishing provisions respecting employment injury and occupational diseases. The Committee also notes the presentation of a proposal to reform the pensions system which is currently before Parliament and includes the establishment of a mixed system to replace the scheme created by Legislative Decree No. 3500 of 1980, for which the contributions envisaged are paid by the employer. The Committee once again recalls the importance of complying with the basic principle set out in Article 7(1) of the Conventions, in accordance with which the insured persons and their employers shall share in providing the financial resources of the sickness insurance system. In this context, the Committee trusts that the Government will take the opportunity of the framework of the current reform of the pensions system, in consultation with the social partners, to give full effect to the principle set out in these Articles of the Conventions, and that will provide information on this subject.

The Committee notes that, according to the Government, progress in the examination and subsequent implementation of the new mixed system of pensions could open the possibility of envisaging progress in the ratification of new international instruments in the field of social security. In this context, the Committee recalls that the ILO Governing Body, at its 343rd Session (November 2021), upon the recommendation of the Tripartite Working Group of the Standards Review Mechanism, confirmed the classification of Conventions Nos 24 and 25 as outdated and has included an item for their derogation or withdrawal on the agenda of the 118th Session of the International Labour Conference (2030). The Governing Body requested the Office to take follow-up measures to encourage actively the ratification of Conventions Nos 102 (Parts II and III) and 130, the most up-to-date instruments on medical care and cash sickness benefits. The Committee therefore encourages the Government to give effect to the decision of the Governing Body adopted at its 334th Session (November 2021) approving the recommendations of the Tripartite Working Group of the Standards Review Mechanism and to envisage the ratification of the most up-to-date instruments in this field.