Rapport intérimaire - Rapport No. 61, 1962

Cas no 271 (Chili) - Date de la plainte: 25-AOÛT -61 - Clos

1. 42. In a communication addressed to the I.L.O on 25 August 1961 the Chilean Confederation of Industrial and Commercial Workers submitted a complaint of alleged violations of freedom of association in Chile. This complaint was communicated to the Government on 28 September 1961.
2. 43. In a letter dated 4 October 1961 the Chilean Confederation of Privately Employed Clerical Workers submitted a complaint on the same grounds. The Chilean Confederation of Industrial and Commercial Workers supplemented by a letter dated 20 October 1961 the information contained in its first communication. The contents of both letters were communicated to the Government on 3 November 1961. By a communication dated 31 January 1962 the Chilean Confederation of Industrial and Commercial Workers furnished further information, which has been transmitted to the Government.
3. 44. In a communication dated 20 November 1961 the Government of Chile presented its observations on the complaints which had been transmitted to it on 3 November 1961.

A. A. The complainants' allegations

1. 45. The complainants allege that Mr. Enrique Sánchez Ossandón, present Chairman of the Chilean Confederation of Industrial and Commercial Workers and a member of the Central Mixed Wages Commission, who was employed by Manufacturas de Cobre (Madeco) S.A., was dismissed from that undertaking for having attended the 45th Session of the International Labour Conference, held in Geneva in June 1961, as adviser to the Chilean Workers' delegate. The complainants add that Mr. Sánchez Ossandón was appointed adviser to the Workers' delegate under Decree No. 412 of 2 June 1961; that on the same day Mr. Sánchez Ossandón informed Madeco of his appointment, sent a copy of the communication to the Labour Inspectorate and asked the Ministry of Labour to notify Madeco of the appointment, which was done on 5 June by official letter No. 425: that Madeco, in its reply on 9 June 1961 to official letter No. 425, stated that the company reserved all the necessary rights in regard to the situation created by Mr. Sánchez Ossandón through having absented himself from his work without previous permission. The complainants enclosed with their complaint a copy of the said Decree No. 412, of the letters dated 2 and 9 June 1961 and of official letter No. 425 of 5 June 1961.
2. 46. Again, according to the complainants, when Mr. Sánchez Ossandón returned to Chile and reported to the Madeco company to resume his duties, he was not allowed access to his work and was informed that his service was terminated; he reported this to the Labour Inspectorate on 2 August and at the same time lodged a request with the Labour Tribunal to be reinstated, since he enjoyed trade union privilege through being a member of the Central Mixed Wages Commission and also Chairman of the Confederation of Metal Workers' Unions. Mr. Sánchez Ossandón brought the case to the notice of the Ministry of Labour who, according to the complainants, made representations to Madeco, but could not induce it to change its attitude. The complainants add that the attitude of Madeco is merely a continuance of a campaign of outright persecution against Mr. Sánchez Ossandón on the sole ground of his trade union activity.
3. 47. In its reply dated 20 November 1961 the Government of Chile states that as soon as the competent authorities were informed of the matter they instructed the labour services to investigate the facts and demand compliance with the rules protecting the privilege of trade union leaders, a position held by Mr. Sánchez Ossandón. The Government adds that the Provincial Labour Inspectorate took measures accordingly and, in view of the undertaking's refusal to reinstate Mr. Sánchez Ossandón, laid information with the Labour Courts for contravention of the existing rules which forbid dismissal or the mere suspension of trade union rights, without previous statutory permission. Further, the Government adds in its reply, the Ministry of Labour directly requested Madeco to explain the implications of its decision and if possible to reconsider the step it had taken, but was unsuccessful in this; a memorandum from the Managing Director of Madeco S.A. contended that Mr. Sánchez Ossandón was not dismissed but that his work contract had lapsed for reasons which may be summed up as frequent absences from work and abandonment of his post when he went to Geneva. The Government concludes by saying that, since the Ministry of Labour has by process of law formally laid information through the Provincial Labour Inspectorate in Santiago against Madeco for contravention of a law, the matter must now await a formal decision by the Court.

B. B. The Committee's conclusions

1. 48. The Committee observes that there appears to be no contradiction between the facts as stated by the complainants and the statement by the Government, which not only does not refute them but confirms them.
2. 49. Paragraph 2 of article 40 of the Constitution of the I.L.O provides: " Delegates to the Conference, members of the Governing Body and the Director-General and officials of the Office shall likewise enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organisation."
3. 50. The Committee considers, as it did in a previous similar case, that no delegate to any organ or conference of the I.L.O should be interfered with in any way to prevent or to deter him from carrying out his functions and that it is evident that if a delegate, after attending a conference convened by the International Labour Organisation, can become the subject of measures such as were taken in the present case, the possibility of such measures being taken is such as to prevent or to deter the delegate from carrying out his functions.
4. 51. The Committee recognises that the Government appears at once to have realised the importance of the case and to have intervened directly with the undertaking which employed Mr. Sánchez Ossandón in order to induce it to reinstate him, and subsequently showed its strong disapproval of the contravention committed by the Madeco Company by initiating judicial proceedings which are now passing through the Provincial Labour Inspectorate in Santiago.
5. 52. In previous cases the Committee has followed the practice of not proceeding to examine matters which are the subject of pending judicial proceedings where the pending judicial decision may make available information of assistance to the Committee in appreciating whether or not allegations are well-founded.
6. 53. In the present case the Committee has considered it advisable to follow its usual practice and to ask the Director-General to request the Government to inform it of the result of the action instituted, and in particular, to furnish the text of the judgment given and of the legal reasons and conclusions adduced, and in the meantime to adjourn its further examination of the case.

The Committee's recommendations

• Geneva, 28 February 1962. (Signed) Roberto AGO, Chairman.