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Articles 1 and 4 of the Convention. Scope of application and adequate protection against acts of anti-union discrimination. The Committee notes with interest the amendment to section 485 of the Labour Code through Act No 21.280 of 9 November 2020 on the scope of application of the procedure for labour protection, making the labour protection procedure whereby workers may lodge complaints of violations of fundamental rights, unfair or anti-union practice in collective bargaining applicable to public employees of the State administration, irrespective of the branch of government or employing entity. The Committee also notes the amendment to section 486 of the Labour Code through the same Act, establishing that responsibility for oversight of labour relations between the State administration and its officials lies with the Comptroller General of the Republic, and that labour inspectors are empowered to receive complaints where public employees consider their fundamental rights have been violated. The Committee also notes that the amendment to section 489 of the Labour Code establishes that in cases of serious discriminatory dismissal, confirmed by a judge, the public employee may opt for appropriate compensation or reinstatement.
Article 7 of the Convention. Right to collective bargaining. In its previous comment, the Committee invited the Government to continue providing information on the agreements concluded through collective bargaining in the public sector. The Committee notes the Government’s statement, in its reports on the present Convention and on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that: (i) collective bargaining is expressly prohibited for the public sector, pursuant to the Act – Labour Code – which derives its authority to limit this fundamental right from the Political Constitution of the Republic itself; (ii) in practice, however, associations of public sector officials have periodically entered into negotiations with the Executive; and (iii) an agreement on adjustments to the wages of workers in that sector was concluded in December 2022. The Minister of Finance and the Minister of Labour and Social Welfare represented the Government in the negotiations, while the public sector was represented by the Single Central Organization of Workers (CUT) and various public sector groups. While welcoming the information on the development of collective bargaining in practice, the Committee invites the Government to consider adopting the necessary legislative reform to ensure a stable legislative framework for collective bargaining. The Committee also requests the Government to continue providing information on the agreements concluded through collective bargaining in the public sector.

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The Committee notes the observations made by the World Federation of Trade Unions (WFTU), in a communication received on 2 April 2014, and the observations made by the Coordination of Allied and Affiliated Organizations of the World Federation of Trade Unions, in a communication received on 10 December 2013, relating to the application of the Convention. The Committee will examine these comments as part of its examination of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
Articles 4 and 6 of the Convention. Right to collective bargaining. In the reports submitted in 2009 and 2014, the Government emphasizes that, under the coalition governments (from 1990 to the present), an annual practice has been established in which the Government negotiates a general adjustment of pay with the representatives of the various associations of public officials, which are coordinated by the Single Central Organization (CUT). The Government also emphasizes that on various occasions, it has negotiated sectoral wage improvements with the relevant associations of public officials. In this regard, the Committee notes the agreement concluded in August 2013 between the Government and the National Association of Fiscal Employees (ANEF), which focuses on creating career incentives for public officials and facilitating the departure of public officials close to retirement age. Moreover, several similar agreements were concluded with other public sector unions, such as the National Confederation of Municipal Health Officials (CONFUSAM) and the Chilean Association of Customs Officials (ANFACH). The Committee notes that, in terms of negotiations with the Public Sector Board in 2011, 2012 and 2013, the CUT and the presidents of the different categories of employees in the public sector concluded a protocol agreement with the Government. The Committee is grateful for this information and invites the Government to continue providing information on the agreements concluded through collective bargaining in the public sector.

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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.

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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.

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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.

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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.

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