Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Employment Policy Convention, 1964 (No. 122) - Chile (Ratification: 1968)

The Committee notes the observations of the Single Central Organization of Workers of Chile (CUT-Chile), received on 1 September 2021. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes with interest the detailed information provided by the Government regarding the measures adopted with a view to achieving the objectives of the Convention. The Government refers to the implementation, by the Ministry of Labour Pro-employment Unit, of various programmes to promote employment and employability, especially aimed at persons who are vulnerable. These programmes include the “Investment in the Community Programme”, which finances local, labour-intensive projects which benefit the community; the “Promote Employment Programme”, which proposes part-time contracts in areas related to the agroforestry and eco-tourism sectors; and the “Programme to Boost Artisan Employability”, which provides training in artisanal trades. The Committee also notes the statistical information, disaggregated by sex, that the Government provides on the number of participants in each of the programmes. The Government also reports on the implementation of a series of employment programmes run by the National Training and Employment Service (SENCE), such as the “Retraining – Reinvent yourself” programme, which aims at boosting the employability of unemployed persons by updating skills and/or the acquisition of new skills; and the “Apprentices” programme, which seeks to promote youth employment by providing bonuses to companies and apprentices over a 12 month period.

The Committee also notes the information provided by the Government on the measures adopted to combat the impact of the COVID-19 pandemic on the labour market. These measures include the adoption of Act No. 21.227 (on Protection of Employment), which allows for the temporary suspension of the effects of employment contracts and makes available unemployment insurance funds; and the adoption of Act No. 21.220 (on Telework and Remote work), which provides that workers and employers may agree on the modalities for remote work or telework, thus allowing continuity of the labour source in cases where such modalities may be put in place. The Committee notes that CUT-Chile denounces such measures in its observations, saying that they shift the cost of the crisis onto the workers, by covering non-payment of wages through the workers’ individual capitalization accounts. CUT-Chile also indicates that it has been requesting the establishment of a tripartite working group to amend the Act on Telework, which at present does not include the right to disconnect, or reconciliation of family and working life, as it provides the possibility of unlimited working hours. The Government reports that, between 2020 and the beginning of 2021, various subsidies for enterprises and workers were put in place, to support the reincorporation of workers (return subsidy) or new contracts (contract subsidy). The Government also reports the creation in July 2021 of the Committee for Employment Generation, which is composed of academics and professionals, and is intended to evaluate existing employment incentives and formulate new initiatives for generating employment following the COVID-19 pandemic. With regard to labour market trends, the Committee notes the information provided by the National Statistics Institute (INE) that in the April-June 2022 quarter, the national unemployment rate stood at 7.8 per cent (8.4 per cent for women and 7.4 per cent for men). In the two months prior to the submission of the Government report (31 August 2021), the participation rate stood at 59.7 per cent and the employment to population ratio at 55 per cent. The Committee requests the Government to continue to send detailed and updated information on the measures adopted or foreseen to achieve the objectives of the Convention, including those adopted in regions with high unemployment rates, and in particular on the manner in which they ensure that the beneficiaries (especially women, young persons and persons with disabilities) may obtain full, productive and sustainable employment. The Committee also requests the Government to provide detailed and updated information on the impact of the measures. The Committee further requests the Government to provide updated statistical information, disaggregated by age, sex and region, on the evolution of the labour market, particularly on the levels of the active population, employment and unemployment.

Employment of women. The Committee notes that, in its concluding observations of 14 March 2018, the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) expressed concern at the persistence of horizontal and vertical occupational segregation and the concentration of women in the informal sector, in lower-paid service sectors and in temporary and part-time work; as well as the limited access for migrant and women with disabilities to the formal labour market (CEDAW/C/CHL/CO/7, paragraph 36(c) and (e)). The Committee also notes that according to INE statistics, in the April-June 2022 quarter, not only was the unemployment rate for women higher than that for men, but also the rate of women working in the informal sector (28.2 per cent for women against 26.3 for men). The Committee requests the Government to provide detailed and updated information on the measures adopted with a view to promoting formal employment for women, and in particular for women belonging to disadvantaged groups, such as young women, older women, migrant women and women with disabilities. It also requests the Government to provide information on the impact of labour market measures adopted to combat horizontal and vertical occupational segregation, including updated statistics, disaggregated by sex, age, occupation, sector of activity and professional category.

Persons with disabilities. The Committee refers to its 2018 comments regarding the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) in connection with the adoption of Act No. 21.015 of 2017, encouraging the integration of persons with disabilities in the labour market, and providing, among other measures, for a reserve of 1 per cent of jobs in state bodies and private enterprises that have 100 or more workers for persons with disabilities or recipients of an invalidity pension under any social security regime. The Committee notes, from the 2019 Labour Survey (ENCLA) conducted by the Labour Directorate that, on 30 November 2018, 10.1 per cent of enterprises had workers with disabilities under contract. Moreover, 12.4 per cent of enterprises had put in place a policy for the employment of workers with disabilities. The Committee also refers to its comments regarding the implementation of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), in which it noted the information provided by the Government regarding the adoption of Act No. 21.275 of 2020, amending the Labour Code to provide that enterprises employing more than 100 workers shall take steps to facilitate the inclusion of workers with disabilities. Among other measures, it establishes an obligation for enterprises to promote policies of inclusion of persons with disability and to implement workers’ training programmes in that connection annually, to raise the awareness of participants of the contribution that workers with disabilities can bring to the workplace. The Committee also notes from information available on the website of the National Disability Service (SENADIS), that the SENADIS provides resources and collaborates with other public and private bodies with a view to promoting the labour market inclusion of persons with disabilities through two types of action, namely through dependent employment and self-employment, with the aim of reinforcing employment generation for persons with disabilities on the regular labour market and in productive activities in associations, and to promote the development of sustainable undertakings and businesses established or managed by persons with disabilities. The Committee refers to its comments regarding the implementation of Convention No. 159, in which it requests the Government to continue providing detailed and updated information on the impact of the measures adopted to promote employment opportunities for persons with disabilities, including persons with mental and intellectual disabilities, in the open labour market in both the public and private sectors.

Coordination of vocational and technical education and training measures with employment policy. The Committee notes the Government’s indication that provision of technical support to technical training centres has continued, with a view to supporting the National System for the Certification of Vocational Skills (ChileValora). The Government recalls that ChileValora is composed of Sectoral Vocational Skills Bodies (OSCL) that are tripartite. Its aim is to integrate the skills certification system with technical and vocational training. In this respect, the Government reports that in December 2020, nine technical training centres were established in different regions of the country, which recognize 72 occupational profiles in 32 career paths. Since 2019, ChileValora also conducts labour market surveys, to compile and update more relevant standards that respond to changes in the world of work brought about, inter alia, by new technologies and automatization. The Government also reports the launching in October 2020 of the “Destination Employment” digital platform, which identifies the principal occupations and the economic sectors in which they are to be found, with the aim of assisting persons in deciding what steps to take and what training to follow to obtain better work opportunities. Finally, the Government refers to the implementation, since 2020, of the “Work Opportunities System” (SOLAB), which aims to provide advance information on the needs of public investment projects at communal and local level in terms of training, to be able to develop the required skills in workers in a timely manner, through training and/or through skills certification and employment intermediation. The Committee notes however that CUT-Chile states that the general population has a low level of skills and competencies, which hampers the optimal functioning of the labour market. CUT-Chile also indicates that the fragmented and disjointed nature of the different training bodies has resulted in duplicated action. CUT-Chile maintains that there is no proper linkage between the educational institutions and enterprise, resulting in a mismatch between the skills required and those that the educational system provides. In that regard, CUT-Chile stresses that urgent measures must be adopted to establish a skills training system that answers to the needs of enterprise. Furthermore, the organization insists on the need to put in place a tripartite body to ensure that the design and implementation of public policies on education and vocational training are more relevant. The Committee requests the Government to continue providing detailed and updated information on the nature and results of the measures adopted, in collaboration with the social partners and the representatives of the different sectors, including representatives of the rural sector and of the informal economy, in particular of vulnerable groups that are often concentrated in the informal economy, to improve skill levels and coordinate the education and training policies with possible employment opportunities.

Micro, small and medium enterprises (MSMEs). The Committee notes the various legislative measures adopted during the period covered by the report aimed at simplifying certain administrative procedures for MSMEs and introducing advantages for payment and refunding of tax, including in the framework of the “Emergency Plan for the Protection of Families’ Income and Economic and Employment Reactivation” in the context of the COVID-19 pandemic. The Government reports that, under the abovementioned plan, a working group has been set up for a duration of 12 months, with the participation of the employers’ organizations from the National Council of Small Enterprises (EMT), to implement a support plan to revitalize small enterprises. The Government also reports the implementation of measures giving access to finance and subsidies. Such measures include the programmes: “PAR Promoting Tourism”, “PAR Promoting the Creative Industries”, and “PAR Promoting Women”, which provide economic assistance to finance work and investment plans and/or human resources to enterprises in the tourism and in the creative industries sectors, as well as to enterprises directed by women, through the provision of a funding contribution. The Government also states that measures have been taken to develop skills in new technologies, including the “Digitalize your SME”, “The Digital Way”, “SMEs online” and “Digital Check-up” programmes. The Committee requests the Government to continue to provide detailed and updated information on the initiatives adopted or foreseen to support micro- small and medium-sized enterprises (MSMEs), as well as their impact on generating decent and sustainable employment. It also requests the Government to indicate the results of such measures in reducing the level of informality.

Article 3. Consultation with the social partners. The Committee notes the Government’s indication that the Higher Labour Council (CSL) has held periodic meetings. The Government provides information on the content of the annual monitoring and evaluation reports drawn up by the CSL on the implementation of Act No. 20.940, amending the Labour Code essentially as regards unionization and collective bargaining. The Government also indicates that, within the structure of the CSL, tripartite consultations were held on proposed measures to confront the economic crisis caused by the COVID-19 pandemic, including introducing greater flexibility in the requirements for access to unemployment insurance benefits, increased subsidies for contracting labour, remote work and measures to protect employment. The Government further reports the creation of various sectoral commissions within the CSL, such as the Thematic Commission on Disability, which has drafted a manual of good practices on inclusion in employment of persons with disabilities. CUT-Chile highlights the functioning and results of such committees as important examples to follow in expanding social dialogue and tripartism within the CSL. Finally, within the context of the pandemic, the Government refers to the establishment of various bipartite working groups, such as the standing working group with the trade union confederations, the purpose of which, though its monthly meetings, is to generate a continuous dialogue between the confederations and the Ministry of Labour on the formulation and evaluation of public policies. The Government also reports on the setting up of a committee to promote the creation of formal employment at the local level. It is composed of academics, representatives of the trade union confederations and of the employers’ organizations, and of international organizations, including the ILO and the World Bank.

For its part, CUT-Chile maintains that, since March 2018, the CSL has seen its relevance diminish, a situation that worsened during the pandemic, and that the measures adopted by the Government to confront the social and sanitary crisis were not subject to tripartite consultation. CUT-Chile states that the proposals formulated in respect of the crisis were not debated in the CSL. It adds that, since March 2020, it has been calling unsuccessfully for the creation of a new tripartite working group within the CSL to analyse statistical information in order to adopt the measures necessary to palliate the impact of the crisis. CUT-Chile stresses the need to adopt measures to reinforce social dialogue and ensure that the CSL is recognized as a relevant player in the diagnosis, design and impact evaluation of public policies in the field of work, in order to give legitimacy and relevance to those policies. The Committee requests the Government to provide detailed and updated information on the consultations held with the social partners and the representatives of persons concerned regarding employment policies and programmes, including those adopted to palliate the impact of the COVID-19 pandemic.