This complete global solution for HR professionals combines custom research, strategic white papers, country primers, webinars, and the expert guidance you’ve come to expect from...
By Tom Azzopardi
July 15—The Chilean government is preparing to move ahead with its controversial labor bill after the country's Constitutional Court rejected a second set of challenges by opposition lawmakers against the strongly pro-union legislation, Government Secretary General Marcelo Diaz said on July 14.
The announcement came just hours after the court said it would not hear two challenges presented by members of the opposition Independent Democratic Union and National Renewal parties as they fell outside the stipulated time in which the court could hear such filings.
The legislation, which aims to boost workers' pay and working conditions by giving them more leverage over employers in collective bargaining, also gives unions the power to decide which workers can share in negotiated benefits and bans the use of most replacement labor during strikes.
Opposition politicians had questioned whether the bill, which was approved by Congress last April, complied with a May 9 ruling by the court that the clause granting unions an exclusive right to collective negotiations amounted to a breach of all workers' constitutional right to negotiate collectively.
The government responded with a presidential veto removing the objectionable parts of the bill as well as clauses allowing workers and employers to freely negotiate some aspects of working conditions—issues the government said only permanent labor unions should be allowed to discuss.
The government dropped plans for a constitutional amendment to reinstate the supremacy of unions over other negotiating groups after realizing it lacked the necessary two-thirds majority in Congress.
Lawyers and business leaders have said that the resulting legislation contains legal vacuums, particularly regarding the status of non-union negotiations, which are likely to end up in the courts.
“Workers and business will lose out with this bill as we are predicting an increase in legal action around negotiations which will be bad for both sides,” said Ricardo Mewes, president of the Chilean Chamber of Commerce, on July 14.
Diaz said that the bill now only requires the obligatory revision of some of its clauses by the court before President Michelle Bachelet can sign the legislation into law.
“We hope this stage wraps up soon in order to proceed to the promulgation of the labor reform led by President Bachelet, with the gains it implies for Chile's workers and labor relations,” Diaz said.
To contact the reporter on this story: Tom Azzopardi in Santiago at firstname.lastname@example.org
To contact the editor responsible for this story: Rick Vollmar at email@example.com
For more information on Chilean HR law and regulation, see the Chile primer.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)