Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report.

1. Article 6 of the Convention. The Committee previously requested the Government to indicate whether, in addition to trade union leave, other types of facilities are afforded to trade union leaders and workers’ delegates under the legislation or collective agreements. The Committee notes from the Government’s report that trade union dues are provided to all associations of public servants in all services and institutions in the sector through their automatic deduction by the financial services in each unit, as well as premises for their operation, a place to post notices and announcements, the facility to send written communications to their members and to obtain information from the respective services, and the capacity to denounce to the competent authorities any failure to comply with the provisions of the administrative rules and other texts establishing the rights and obligations of public officials.

2. Article 7. The Committee regrets to note that the Government has not provided its observations on the comments made by the National Association of Employees in the Fiscal Administration (ANEF) alleging the failure by the Government to comply with the agreement concluded with ANEF under which the Government had undertaken to grant stable employment to 45 per cent of workers with temporary or precarious contracts in the central administration of the State through a gradual process which was to be commenced in December 2002. It also failed to comply with the undertaking in the agreement on a new approach to labour matters through a new system of sectoral negotiations with ANEF. ANEF also indicates that both Act No. 19882 and Decree No. 69 of the Ministry of Finance on new processes for the promotion of public officials, deny the participation of associations of public officials in selection committees. The Committee recalls in general terms the importance of complying with agreements concluded with trade union organizations and requests the Government to send its observations on the comments made by ANEF.

With regard to the comments made by the National Confederation of Municipal Workers of Chile (ASEMUCH), the Committee refers to its observations made in the context of its examination of the application of Convention No. 98.