Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Chile

Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35) (Ratification: 1935)
Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37) (Ratification: 1935)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 35 and 37 together.

The Committee notes the observations of the Democratic Confederation of University Health Professionals (CONFEDEPRUS), received on 21 February 2025, relating to matters examined by the Committee in its comments.

Follow-up to the recommendations of the tripartite committees set up to examine the representations made under article 24 of the ILO Constitution. The Committee notes with interest the information contained in the Government’s report, particularly the information relating to the approval of the pension reform by Act No. 21.735, published in the Official Journal on 26 March 2025.

The Committee notes that this reform, whose importance it had referred to in previous comments, includes: (i) the creation of the social security pension system, which will provide two new benefits to increase the amount of current and future pensions for retirees (benefit for years contributed and compensation for women due to higher life expectancy); (ii) the establishment of an additional contribution of 7 per cent to be paid by the employer; (iii) the creation of the Autonomous Pension Protection Fund, a technical and autonomous public body for the management of social security; (iv) the increase in the universal guaranteed pension to $250; and (v) the extension of pension gap insurance.

Lastly, the Committee notes that on 6 February 2025, Act No. 21.728 was published, granting a one-time payment to education professionals who were not paid in full the allowance established in section 40 of Decree-Law No. 3.551 of 1980. The Committee also notes that this payment is not subject to seizure, deduction or any form of withholding.

Article 10(4) of Convention No. 35 and Article 11(4) of Convention No. 37. Participation of representatives of insured persons. The Committee requests the Government to report on the measures taken or envisaged to ensure the participation of representatives of insured persons in the management of insurance institutions.

The Committee recalls that the ILO Governing Body, at its 349th Session (November 2023), on the recommendation of the Tripartite Working Group of the Standards Review Mechanism, confirmed the classification of Conventions Nos 35 and 37, ratified by Chile, as outdated instruments, and has included an item on their abrogation or withdrawal on the agenda of the 121st Session of the International Labor Conference (2033).

The Governing Body requested the Office to take follow-up measures to actively encourage ratification of the up-to-date instruments, namely the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting Parts V and IX, and the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128). The Committee therefore encourages the Government to consider the possibility of ratifying the most up-to-date instruments in this subject area and reminds it of the possibility of availing itself of the technical assistance from the Office in this regard.