📋 Tender Overview
In conditions to be promulgated into law the project related to the scope of the labor protection procedure was left . This after the Senate Chamber supported with 29 votes in favor and 8 abstentions the changes made by the Lower House.Most of the legislators supported the initiative showing the confusion that was generated in the courts regarding whether public officials have the right to labor protection. In this context the opinion issued for this purpose by the Constitutional Court TC was addressed.Likewise various senators also pointed out that it is unclear to consider public officials as such in some matters and not in others. In addition it was stated that this project would involve public spending hence it would be an exclusive matter for the Executive.DRAFTThe bill initiated on motions by Senators Carolina Goic Adriana Muoz Ximena Rincn Juan Ignacio Latorre and Juan Pablo Letelier Bulletin No. 12322-13 from Senators Isabel Allende Carolina Goic Adriana Muoz Juan Ignacio Latorre and Juan Pablo Letelier Bulletin N 12327-13 and from Senators Juan Pablo Letelier Isabel Allende Alfonso De Urresti Felipe Harboe and Ricardo Lagos Bulletin No. 9476-13 aims to incorporate the labor protection procedure into public sector labor relations allowing these workers the legitimate defense of the acts arising from said relationship that violate their fundamental rights.The initiative specifies that the labor protection procedure benefits all workers including officials of the Public Administration the National Congress the Judiciary public companies also workers of the Public Ministry the Constitutional Court the Electoral Service the Office of the Comptroller General of the Republic and the Central Bank and those that their own laws declare as autonomous.Likewise it modifies the Labor Code in terms of clarifying the scope of action of the Labor Directorate in matters of labor protection and clarifies the payment of compensation for public sector workers in case of availing themselves of the complaint for this reason.Finally it specifies that if the judge declares that the dismissal of officials of the State Administration is discriminatory and furthermore it is classified as serious the worker could choose between the corresponding compensation or his reinstatement to the position.DEBATEThe president of the Labor and Social Welfare Commission Juan Pablo Letelier summarized the main ideas explaining that there is a discussion regarding who can benefit from labor protection. We understand that public sector and municipal workers should have access to this instrument. We want these officials to have the opportunity to defend their rights .For her part during the vote Senator Yasna Provoste recorded her disqualification.Senator Carlos BianchiThis interpretative project of the law allows us to clarify what is happening. The Supreme Court ruled that labor protection is applicable to public officials. The TC had said otherwise. The changes of the deputies are related to the incorporation of institutions and the decision of the worker in the case of a dismissal .Senator Alejandro NavarroTC is a place that has always caused us problems. Here he took a wrong step by excluding public officials from this instrument. This is a justice project and we support the changes made by the deputies .Senator Isabel AllendeThis procedure is applied when the worker sees his labor rights violated. This goes against Supreme Court rulings and leads to discrimination. This occurred within the framework of massive layoffs due to the change of government .Senator Juan Pablo LetelierWorkers in the public sector have special rules but regarding guardianship they are considered. The changes made by the Lower House seem appropriate to us for example the fact that in the case of dismissal workers can decide whether to return to their work or receive the corresponding compensation .Senator Alejandro GuillierI support this legal change. Many officials saw rulings from different courts of justice regarding labor protection. That created confusion. The TC said otherwise but finally the basic principle of the declaration of human rights was clarified .Senator lvaro ElizaldeThis initiative contributes to resolving by legislative means something that was already clear from the judicial point of view in accordance with the successive rulings of the Supreme Court but that had been called into question by the resolutions and judgments of the TC.Senator Luz EbenspergerI believe that this project violates norms that are the exclusive initiative of the President of the Republic because it changes functions and if it is approved it will imply fiscal spending. I will abstain because I believe that the presidential initiative is being invaded.Senator Alfonso De UrrestiIt is important to approve this project because there was a void and I think that it is not only important that it has been established for public administration officials but also for those of autonomous entities.Senator Jose Miguel InsulzaWe are doing things properly even if they are late ... It would be good if our public sector workers were all governed by the Labor Code and be able to unionize ... This law will never hurt and I greatly appreciate your presentation .Senator Francisco HuenchumillaThere are public sector organizations that have special characteristics and therefore require special regulations ... This is an interpretive law and it correctly pointed out the problem that existed and that required the legislator to give a correct interpretation of this norm .Senator Jacqueline Van RysselbergheThis is seen with bipolarity whether you support public officials or not. The state administration is so large that it is sometimes difficult to modernize it.
