Labour Law in Chile, Third edition

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Chile not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. 

Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more.

Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Chile, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

The Author

List of Abbreviations

Acknowledgements

General Introduction

Chapter 1. General Background

Chapter 2. Historical Background

Chapter 3. Introduction to the Legal Framework

Part I. The Individual Employment Relation

Chapter 1. Definitions and Concepts

Chapter 2. Rights and Duties of the Parties During Employment

Chapter 3. Working Time, Overtime, Part-Time, Sunday and Holiday Rest Time and Annual Vacations

Chapter 4. Remuneration, Gratification, Minimum Wage and Protective Measures

Chapter 5. Incapacity to Work (Illness, Accidents and Military Service)

Chapter 6. Job Security

Chapter 7. Protection of Certain Categories of Workers and Protection Against Discrimination in Employment

Chapter 8. Covenants of Non-competition

Chapter 9. Inventions by Workers

Chapter 10. Settlement of Disputes

Part II. Collective Labour Relations

Chapter 1. Trade Union Freedom

Chapter 2. Workers’ and Employers’ Organizations

Chapter 3. Institutionalized Relations Between Workers and Employers

Chapter 4. Collective Bargaining

Chapter 5. Strike and Lock-Out

Chapter 6. Settlement of Labour Conflicts and Protection of Vital Needs

Annexes

Annex 1. Law 4,057 on Trade Union Organization (1924)

Annex 2. Report of the Committee of Experts on the Application of Conventions and Recommendations’, Presented by the Committee to the 106th Session of the ILO’s International Labour Conference, 2017, Report III (Part 1A), Pages 81 to 85

Annex 3. Main Legislation Enacted from May 1931 to 10 September 1973

Annex 4. Main Legislation Enacted from 11 September 1973 (Date of the Coup d’état) to 9 March 1990

Annex 5. Labour Legislation from 11 March 1990 to 10 March 2010: Returning to Democracy

Annex 6. Labour Legislation Passed from 11 March 2010 to 10 March 2014

Annex 7. Labour Legislation from 11 March 2014 to 31 December 2018

Selected Bibliography

Index