CMNT_TITLE

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Chile (RATIFICATION: 2011)

Other comments on C187

Observation

Direct Request

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Follow-up to the decision of the Governing Body (representation made under article 24 of the Constitution of the ILO)

Article 4(1) and (2) of the Convention. National OSH system. The Committee recalls that the Governing Body approved, in March 2016, the report of the committee set up to examine the representation alleging non-observance by Chile of Convention No. 187, made under article 24 of the ILO Constitution by the College of Teachers of Chile AG (GB.326/INS/15/6). Subsequently, in November 2016, the College of Teachers of Chile AG made a second representation under article 24 of the ILO Constitution, in which it alleged non-observance by Chile of the recommendations relating to several issues raised in the previous representation. In March 2017, the Governing Body, on the recommendation of its Officers, found that the second representation was receivable. It postponed the decision to appoint a tripartite committee to examine the new representation and invited this Committee to examine the allegations contained in the latest communication from the College of Teachers of Chile AG, in the context of the follow-up given to the recommendations relating to the previous representation (GB.329/INS/21/3).

In the Committee’s subsequent examination, it noted that, in the latest representation, the College of Teachers of Chile AG alleged that: (a) the Government had not implemented the recommendations of the tripartite committee relating to the previous representation, as it had not determined the time to be allocated for teacher appraisals in consultation with the College of Teachers of Chile AG, and Act No. 20903 of 2016 (Teaching Careers Act) did not indicate the number of non-teaching hours to be allocated to teachers for appraisals, or where they are to be undertaken; and (b) the hours spent on appraisals constitute additional, unpaid and mandatory work, which is therefore damaging to the occupational health of teachers. It also noted the Government’s indication that: (1) with respect to the alleged lack of consultations, the College of Teachers of Chile AG participated directly in the formulation of the teacher appraisal process established by the Teaching Careers Act; (2) with respect to the time required to carry out appraisals, the Office of the Comptroller General of the Republic had determined in repeated opinions that this type of appraisal was a non-teaching activity, and must be carried out within working hours and that work performed outside of working hours shall be paid as overtime; and (3) as appraisals are a mandatory process for teaching professionals in educational establishments that are dependent on municipal authorities, the parties are required to agree on, in the employment contracts as non-teaching curricula, the hours to be spent on this appraisal process. The Government indicated that it was in the process of developing regulations to determine more specifically the work and activities that may be included in the definition of non-teaching curricular hours, in accordance with section 6 of the Teachers’ Statute, as amended by the Teaching Careers Act. The Committee requested information on the consultations held on the development of the teaching appraisal process established by the Teaching Careers Act, and on the progress made in the formulation of regulations to determine non-teaching curricular hours.

The Committee notes that in June 2018, the Governing Body postponed once again the appointment of a committee charged with examining the new representation pending further examination by this Committee, and invited the Committee to examine the application of Convention No. 187 at its 2019 session (GB.333/INS/8/1, June 2018).

The Committee notes in this respect the Government’s indication in its report that it has made a formal consultation with the Ministry of Education and the Social Security Undersecretariat with a view to getting background information regarding the representation made under article 24. The Government states that it will provide this information once received. The Committee requests the Government to provide this up-to-date information once available, particularly on the consultations held on the development of the teaching appraisal process established by the Teaching Careers Act, and on the progress made in the formulation of regulations to determine non-teaching curricular hours, in consultation with the most representative employers’ and workers’ organizations.

In addition, the Committee recalls that it intends to examine, in the context of the regular reporting cycle, the following matters raised in its comments made in 2016, and hopes that the Government will provide full information in this regard.

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. The Committee requests the Government to provide information on the consultations held in relation to the measures that could be taken for the ratification of the relevant ILO Conventions on OSH.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on the consideration given to the specific problems of teachers within the framework of the national policy.

Article 5. National programme. The Committee requests the Government to provide information on the formulation of the national programme and the consideration given to the specific features of teaching work in this regard.

[The Government is asked to reply in full to the present comments in 2020.]