Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Chile

Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35) (Ratification: 1935)
Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37) (Ratification: 1935)

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 35 (old-age insurance, industry) and 37 (invalidity insurance, industry) together.

The Committee notes the observations provided by the National Confederation of Municipal Employees of Chile (ASEMUCH), received on 30 August 2023, relating to the failure to apply the compensatory increase to the allowances established by Act No. 20,922 of 25 May 2016. The Committee recalls that these observations have been examined in previous comments, when it noted the information provided by the Government on the compensatory and transitional nature of the increase established by Legislative Decree No. 3501 of 1980, for which reason it considered that the failure to take this increase into account in the additional remuneration established from 28 February 1981 did not constitute a violation of Conventions Nos 35 and 37. In this context, and taking into account this information, the Committee will not pursue its examination of these observations.

Representations made under article 24 of the ILO Constitution. The Committee notes that, at its 352nd Session (November 2024), the Government Body declared receivable two representations made by the National Federation of Municipal Workers of Chile (FENTRAMUCH) alleging non-observance by Chile of the Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35), and the Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37).

Follow-up to the recommendations of the tripartite committees set up to examine the representations made under article 24 of the ILO Constitution. The Committee notes that, at its 352nd Session (November 2024), the Governing Body approved the report of the tripartite committee set up to examine the representations made by the FENTRAMUCH alleging non-observance by Chile of the Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35), and the Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37). The Committee notes that, in the report, the tripartite committee considers that the compensatory increase is to be calculated on the basis of the taxable allowances paid as of 28 February 1981, and the failure to apply increases adopted after that date is not a violation of those Conventions. The Committee also notes that, within the context of the representation, the Government provided information on a draft pension reform that is being carried out at the national level. The Committee recalls that, within the context of that pension reform, the Government may have recourse to ILO technical assistance if it considers it necessary.

The Committee also recalls that in its previous comments it noted the information on the follow-up to the recommendations of the tripartite committees set up to examine three representations made under article 24 of the ILO Constitution alleging various points of non-observance of Conventions Nos 35 and 37. The Committee requests the Government to provide information on any developments in the action taken to follow up the recommendations made by the respective tripartite committees.

Conclusions and recommendations of the Standards Review Mechanism. The Committee recalls that the ILO Governing Body, at its 349th Session, in November 2023, upon the recommendation of the Tripartite Working Group of the Standards Review Mechanism, confirmed the classification of Conventions Nos 35, 36, 37 and 38, to which Chile is a party, as outdated and included an item on the Agenda of the 121st Session of the International Labour Conference (2033) for their abrogation or withdrawal.

The Government Body called on the Office to take follow-up measures to actively encourage the ratification of the up-to-date instruments, the Social Security (Minimum Standards) Convention, 1952 (No. 102), with the acceptance of Parts V and IX, and the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128) The Committee therefore encourages the Government to consider the possibility of ratifying the most up-to-date instruments in this field.

[The Government is asked to reply in full to the present comments in 2025.]