Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Chili

Convention (n° 1) sur la durée du travail (industrie), 1919 (Ratification: 1925)
Convention (n° 30) sur la durée du travail (commerce et bureaux), 1930 (Ratification: 1935)

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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) and 30 (hours of work in commerce and offices) together.

Articles 6(1)(b) and 2 of Convention No. 1 and Articles 7(2), (3) and (4) and 8 of Convention No. 30. Temporary exceptions. Circumstances, limits and compensation. The Committee recalls that for many years it has been drawing the Government’s attention to the fact that sections 31 and 32 of the Labour Code allow the performance of overtime hours in circumstances that go beyond those set out in the Conventions. In particular, these sections provide that, where there is a need to deal with a temporary requirement or situation in an enterprise, workers and their employer may agree on a maximum of two hours’ overtime a day to be performed in jobs which, by their nature, are not harmful to the health of the workers. The Committee recalls the importance of restricting recourse to exemptions from normal hours of work to cases of clear, well-defined and limited circumstances, such as accidents, actual or threatened, force majeure or urgent work to plant or machinery (2018 General Survey concerning working-time instruments, paragraph 119). The Committee also recalls that Convention No. 30 requires the determination of a reasonable limit for additional hours, not only in the day, but also in the year. Under these conditions, the Committee requests the Government to take the necessary measures to guarantee that: (i) recourse to additional hours is restricted to clear and well-defined circumstances; and (ii) the maximum number of additional hours that may be authorized in a year is fixed.

The Committee also notes that the amendment to section 32 of the Labour Code, which will enter into force in April 2024, introduced by Act No. 21,561 of 26 April 2023, provides that the parties may agree in writing that additional hours shall be compensated by two additional days of holiday. In such a case, up to five additional working days of rest a year may be agreed, which must be used by the workers within six months following the period in which the overtime originated. The compensation of overtime hours by additional days of holiday shall be subject to the same higher rate as for their pay, that is each hour of overtime shall be compensated by one-and-a-half hours of holiday.

The Committee recalls the need to ensure, in all circumstance, the payment for additional hours at a rate of no less than one-and-a quarter times the regular rate, in accordance with Article 6(2) of Convention No. 1 and Article 7(4) of Convention No. 30, irrespective of any compensatory rest granted to the workers concerned.

The Committee considers that within the framework of the amendments introduced by Act No 21,561 of 2023, account could have been taken of the comments that it has been making for several years. Under these conditions, the Committee firmly hopes that all the necessary measures will be taken to bring the national legislation into conformity with these provisions of the Conventions. The Committee reminds the Government that, in this process, it may have recourse to the technical assistance of the Office if it considers it necessary.

The Committee is raising other matters in a request addressed directly to the Government.