National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Previous comment
The Committee notes the observations of the National Confederation of Municipal Employees of Chile (ASEMUCH), dated 25 May 2006, and those of the National Intercompany Union of Workers in Metallurgy, Energy, Communications and Related Activities (SME), dated 8 January 2006, which refer to collective bargaining for public employees, including municipal employees. The Committee refers the Government in this context to its comments on the application of Convention No. 98.
Article 7 of the Convention. The Committee notes with regret that the Government has not commented on the observations submitted by the National Association of Employees in the Fiscal Administration (ANEF) alleging non-compliance by the Government with an agreement concluded with ANEF under which the Government undertook 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 begin in December 2002. It also failed to comply with an undertaking in the agreement concerning a new system of sectoral negotiations with ANEF. Furthermore, both Act No. 19882 and Ministry of Finance Decree No. 69 regulating new procedures for the promotion of public employees, bar associations of public officials from participating in selection committees. The Committee once again recalls the importance of respecting agreements concluded with trade union organizations and asks the Government to send its comments on ANEF’s observations.
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.
The Committee notes that the Government’s report has not been received. The Committee also takes note of the comments communicated by the Confederation of Municipal Workers of Chile (ASEMUCH) and the National Association of Employees in the Fiscal Administration on the application of the Convention, and requests the Government to transmit its observations in this respect.
Article 6 of the Convention. The Committee recalls that in its previous direct request it asked the Government to indicate whether, in addition to trade union leave, other types of facilities are afforded to trade union leaders and workers’ delegates (such as trade union premises, notice boards at the disposal of the trade union organization, the possibility to check off trade union dues at source, etc.) under the legislation or collective agreements. The Committee hopes to receive this information with the Government’s next report.
The Committee notes the Government’s first report.
Article 6 of the Convention. The Committee requests the Government to indicate whether, in addition to trade union leave, other types of facilities are afforded to trade union leaders and workers’ delegates (such as trade union premises, notice boards at the disposal of the trade union organization, the possibility to check off trade union dues at source, etc.).
The Committee finally notes that, in a communication dated 6 June 2003, the National Confederation of Municipal Officials of Chile (ASEMUCH) forwarded comments on the application of the Convention. The Committee is addressing these comments in the context of its examination of the application of Conventions Nos. 87 and 98.