Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee takes note of the Government's report and the information provided in response to its previous comments.

1. The Committee recalls that the workers' organization "Comando de Exonerados de Chile" alleged in 1991 that thousands of workers had been dismissed from their jobs for political reasons under the military dictatorship, and that the Government replied that a Bill had been submitted to the National Congress on 9 July 1991 to grant provisional benefits to workers dismissed for political reasons between 11 September 1973 and 10 March 1990 from jobs which were wholly or partly under state control. The Committee also recalls that the "Frente de Trabajadores Exonerados, Compañia Chilena de Tabacos S.A. y Chiletabacos S.A." requested in a communication of October 1992 that the scope of the Bill be extended to workers in the private sector who, although they were not dismissed through the intervention of the public authorities, were forced to resign after harassment due to their political opinions. In its previous observation, the Committee noted with interest that discussions of this issue between the Government and the Comando de Exonerados de Chile led to an agreement on 6 June 1992. In addition, the "Syndicato de Trabajadores No. 7, Codelco Chile, Division el Teniente" submitted observations in February 1992 on the dismissal of workers, purportedly because of their political opinions, in response to which the Government referred to the Bill and the agreement of 6 June 1992.

The Committee notes with interest that the above-mentioned Bill was adopted on 5 August 1993 and became Act No. 19.234 under which provisional benefits will be granted to workers dismissed for political reasons between 11 September 1973 and 10 March 1990. The Committee notes that under section 3, the new Act applies to the public and semi-public sector and to autonomous enterprises in which the State has a holding of at least 50 per cent, and that it does not therefore apply to the private sector as was requested by the "Frente de Trabajadores Exonerados". The Committee would be grateful if in its next report the Government would provide information on the effect given in practice to this new Act.

2. With regard to the communication sent in October 1992 by the "Frente de Trabajadores Exonerados" and particularly its observations on the labour contracts terminated between September 1973 and March 1990 for political reasons (the allegations concern 41 people), the Committee notes that the Government has produced a list of 32 workers concerned (the documents of the nine others are no longer available) with explanations of the termination of the contracts on the basis of information provided by the enterprise, to the effect that the workers concerned either resigned voluntarily or were lawfully dismissed by the enterprise. The Committee also takes note of the individual documents appended to this information as evidence of the workers' consent, in which the worker signed a statement to the effect that he had received all entitlements due and would make no further claims. In six cases, appended to these documents are decisions of the Labour Tribunal concerning complaints of unwarranted dismissal (filed by the workers concerned after they had left the enterprise). In all six judgements, dated 1974, 1978 and 1984, the Tribunal found for the enterprise. In these circumstances, the Committee has no further comments to make on this point.

3. The Committee also notes the Government's reply to the additional observations of the "Syndicato de Trabajadores No. 7, Codelco Chile, Division el Teniente", transmitted in February 1993, concerning the early retirement of a number of workers and discrimination in respect of employment on grounds of age. The Government states that the measures in question were taken in accordance with a rationalization plan in order to improve the alignment of the human resources of the autonomous State enterprise, Codelco Chile, with the company's real needs, that prior consultations were held with the workers and their representatives concerning incentives to early retirement, and that due account was taken of the relevant provisions of laws and contracts. The Committee considers that no further comments are called for on this matter.

4. In its previous comments, the Committee asked the Government to repeal expressly the Decrees (Nos. 112 and 139 of 1973, Nos. 473 and 762 of 1974, and Nos. 1321 and 1412 of 1976) which grant broad discretionary powers to university rectors to terminate the contracts of certain teaching and administrative staff. The Committee notes that the Government repeats its earlier statements that the above Decrees were tacitly repealed and are without effect in that the universities of the country, in accordance with their own statutes, have independently issued their own regulations; and that the Government has transmitted the Committtee's request to the Ministry of Education as it said it would in its previous report. The Committee notes that the Council of University Rectors considers that the decrees were tacitly repealed by the entry into force of Act No. 18.575 of December 1986 and Act No. 18.834 of September 1986, which govern conditions of employment in the public service, particularly job security, career development and procedures for termination of the employment relationship. In these circumstances, the Committee trusts that the Government will take the necessary measures to repeal explicitly the above Decrees so as to preclude any ambiguity in this matter.

The Committee also asked the Government to amend or repeal section 55 of Decree No. 153 of 1951 respecting the legal status of the University of Chile and section 35 of Decree No. 149 of 1951 regarding the Statutes of the University of Santiago to ensure that, in accordance with the Convention, no one may be denied access to or be expelled from universities or other educational establishments on grounds of political opinion, whether they be students, teachers or administrative staff. The Committee recalls that the Government has always maintained that no one may be expelled from an educational establishment for holding, demonstrating or expressing his or her political ideas, as this would be incompatible with the existing provisions of the Constitution and the law. The Committee therefore considers that there should be no major difficulty in taking the necessary legislative measures; it again asks the Government to take appropriate steps for the amendment or repeal of sections 55 and 35 of Decrees Nos. 153 and 149 in order to bring the legislation fully into conformity with the Convention.

The Committee asks the Government to supply information in its next report on progress made with regard to the changes in legislation referred to by the Committee in the two preceding paragraphs.

5. The Committee raises other matters in a request addressed directly to the Government.