Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

1. Labour Code. The Committee notes with satisfaction Act No. 19.010 establishing rules on the termination of work contracts and stability of employment (Official Gazette, 29 Nov. 1990), which repeals section 157(6) of the Labour Code whereby a labour contract lapses where an offence has been committed under Act No. 12927 of 1958 on state security, as amended by Act No. 18256 of 26 October 1983.

2. Act No. 18662 of 27 October 1987. The Committee also notes with satisfaction that, pursuant to section 1 of Act No. 19048 of 13 February 1991, Act No. 18662 which referred to former section 8 of the Constitution has been repealed.

3. With reference to its previous comments, the Committee notes with interest the Government's statement that section 8 of the National Constitution has been repealed by Constitutional Reform Act No. 18825 of 16 August 1989 and that, consequently, persons convicted by the Constitutional Court of committing the acts specified in above-mentioned section 8 must be acquitted as these acts no longer constitute an offence. By virtue of the above reform, the Constitutional Court resolved to lift the penalties imposed on Mr. Clodomiro Almeyda Medina. The Committee asks the Government to continue to inform it of any further such decisions of the Constitutional Court.

4. Decrees relating to universities. In its previous comments, the Committee requested the Government to explicitly repeal certain 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 teaching and administrative staff. The Committee also requested the repeal or amendment of section 55 of Legislative Decree No. 153 respecting the legal status of the University of Chile, and section 35 of Legislative Decree No. 149 respecting the Statutes of the University of Santiago, in order to ensure protection against discrimination on grounds of political opinion. The Committee notes the Government's statement that the Committee's request has been transmitted to the new Ministry of Education authorities which are examining the matter but that the above texts can only be repealed or amended by a law passed by the National Congress. The Committee trusts that the Government will take the necessary measures and hopes that the next report will indicate further progress made in this respect.