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12/02  '97  11:40   FAX


Convention No.29: Forced Labour,1930

Direct request 1996

Chile (ratification:1933)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

    1.  For a number of years the Committee has been referring to the conditions imposed by Legislative Decree No. 150 of 198l, under which (section 44(d)) the right to unemployment benefit is lost if the unemployed person refuses to carry out the relief work for the Community provided for by section 43 of the Decree. The right to the benefit is subject to the payment of contributions for 52 weeks or 12 months over the two years prior to the date of the termination of employment.

    On several occasions, the Committee has observed that the loss of the right to benefit under these conditions is equivalent to a penalty within the meaning of the Convention and it requested the Government to take the necessary measures to ensure compliance with the Convention in this respect. In its last report, the Government stated that workers who have lost their job for reasons outside their control are entitled to the benefit without having to comply with the requirements of sections 43 and 44 of the above Decree and that these provisions have never been applied. In its previous report, the Government stated that it would consider the desirability of an explicit waiver to the above provisions, which were not given effect in practice.

    The Committee has noted that in the general report supplied in December 1994, with regard to the application of the Unemployment Convention, 1919 (No. 2) the Government stated that unemployment benefit is provided in accordance with the provisions of Legislative Decree No. 150 of 1981.

    The Committee considers it necessary to emphasise the advantage in terms of clarifying the legal situation of repealing sections 43 and 44 of Decree No.150 which, according to the Government, continues to be applied. The Committee hopes that the Government will be able to indicate in its next report that the above provisions have been repealed, thereby ensuring compliance with the Convention on this point.

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