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12/02  '97  11:41   FAX

003/007



Convention No. 29: Forced Labour. 1930

Direct request l992


Chile (ratification: 1933)
    1. In previous comments, the Committee has referred to the conditions imposed by Legislative Decree No. 150 of 17 August 1981 governing entitlement to unemployment benefit (sections 43, 44(d), 46, 62 and 63(e)).

    Under the above Legislative Decree the right to this benefit for workers who have lost their employment for reasons beyond their own control is made conditional both on the payment of contributions for 52 weeks or 12 months during the two years preceding the date of loss of employment (section 43(b)) and on the inscription of the unemployed persons in the register of unemployed persons that must be kept by every insurance institution (section 43c)) and also in the register of unemployed persons that must be kept by every municipality with a view to their assignment to relief work for the community (section 43(d)). Under 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(d)

    The Committee observed that the loss of the right to benefit as a result of the unemployed person's refusal to carry out the relief work assigned by the municipality was equivalent to a penalty within the meaning of the Convention; it asked the Government to revise the legislation in question in the light of the Convention, and to take the necessary measures to ensure compliance with the Convention in that respect.

    The Committee noted that in its report the Government stated that it would consider the desirability of an express waiver of Legislative Decree No. 150 of 1981. It further explained that the rule in question was still in force but was not applied in practice.

    The Committee asks the Government to take the necessary measures to bring the national law into formal conformity with the Convention through an express waiver of Legislative Decree No. 150 of 17 August 1981 so that positive law may reflect what the Government describes as existing practice.






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