Emergence Of Chilean Labor Law

The regulation of labor appears as seen from the early years of Spanish colonization. For the case of Chile is worth remembering that Pedro de Valdivia banned impose on natural loads weighing more than fifty pounds and the Cabildo of Santiago in 1548, expressly promise of rest on Sunday and other holidays, which were then numerous .

TRABAJOTanto CONTRACT metropolitan law as territorial Indies minutely regulates the employment contract of Spanish, Mestizos, Indians and blacks. These contracts are called "seat work". Were held by a public notary (for public office who was allowed to testify to the deeds and other acts passed before him) and in the case of an Aboriginal contracting with the appearance of the mayor or his deputy or a judge of commission . The employer agreed to give good treatment to the Indian and doctrines in the Catholic faith, and obliged with his person and property to comply with the agreement, and in turn the Corregidor (in some populations mayor presided over the council and important government functions exercised ) or his deputy, on behalf of the Indian, to fulfill the agreement, on pain of punishment from the last (or Lieutenant Corregidor). If the Indian is subject to the rules of assignment, ie the obligation to pay tribute to one encomendero, is seen working in the seat of the tax deduction of wages that the worker will receive.

The Indians are forced to conclude work from 18 years to 50 years. The term of the employment contract was for one year and began the day and a half hour after sunrise and lasted until sunset, with an hour to eat and rest at noon. In the months of May through August only worked from 10 am to 4 pm. He devoted the rest for Sundays and feast days.

In the early years of colonization, and especially when there were volunteers, we used the mita system, by which drew to shift work to groups of Indians from a village. This system was adopted from the custom existing in Peru in Inca times. The mita in Chile was used preferably in the sixteenth century in the gold mines, but there is evidence that as early as the eighteenth century did not exist and mining work was entered into freely.

This system was adopted from the current practice of Peru at the time of the Incas. The mita in Chile was used preferably in the XXVII century and that there was no mining work was freely entered into.

ECONOMIENDA AND WORK.

Had an impact on the working regime of the encomienda system instituted in part to promote the Christianization of the natives, and another, to reward meritorious settlers. The encomienda was a privilege granted by the king to a pig worthy to perceive itself and its successor the tribute of a group of Indians were forced to pay in their capacity as subjects of the Crown, out of caring for the good of the good spiritual and temporal and entrusted to defend the territory. In the case of Chile, the poverty of indigenous people, their little habit of work and the need to attend regularly the Spanish war, the encomenderos became interested in ensuring the tribute of the natives, and have hand their labor on their estates, often replace the collection of tax by the personal work of the Indian. The law came to regulate this situation, first with the call rate Santillán, approved by the king in 1561, together with establishing the mita system, provided as compensation, the payment of the miners of the "SESM" or sixth of gold from drawing, and workers in the delivery of clothes and animals.

Then the rate of Governor Martin Ruiz de Gamboa, 1580, devoted to Chile the free labor system and regulated wages paid to your payment. This same system maintained the rate issued to Chile by the Viceroy of Peru, Prince of Squillace, who received, with some modifications, sanction of the crown in 1622 and was then signed into Real Rate and included in 1680 in the Indian collection. Since 1633 and according to the rate of Governor Francisco Laso de Vega, the Indians were free to pay emotional tribute or work in the latter case estimated that forty days of work equivalent to an annual tribute of ten weight. The findings in the archives of notaries at the time of numerous "seat work", mentioned above, test the practical application in Chile of the free contracting of services.

Social Welfare.

Apart from the social regulation of employment contracts in the Indian period, it checks the existence of social security. The employer, in effect, is indigenous to cure any disease contracted while in service. Spread pattern also has the Indian medical assistance to an accident because of work. In short, adapting an existing system in the Peruvian communities were created so-called "community banks" whose income came from the sale of livestock and crops of the common lands of indigenous peoples, the rental income of themselves and the interests of the census or guarantee loans with real estate that was done by the Spanish. The usefulness of these "boxes" served in the purchase of clothing and tools for the Indians, in the care of orphans and disabled and the maintenance of hospitals. By law these must also be based on each city for the care of the poor.

The Labour Code.

Protective labor standards contained in the laws of India shall automatically expire in Chile from the decree of 1819 which granted full legal capacity of indigenous peoples. Only in the Civil Code, some provisions were envisaged the lease of services, and others in the Code of Commerce and Mining. The absence of special rules the world of work, characteristics of the individual spirit that dominated the nineteenth century came to do their serious effects on Chile at the end of the century and start the next. Then the development of industry in the cities of Santiago and Valparaiso and particularly in the provinces of Tarapaca and Antofagasta, home of the great nitrate plants, caused violent worker strikes.

The first twentieth-century social legislation was enacted in 1919 submitted a draft Labour Code by the conservative parliamentary representation. Its chief editor was Juan Enrique Concha. The project is being studied by committees of Congress and he added another envoy in 1921 by President Arturo Alessandri. Neither reached his office, but following the military movement of 1924, Congress was forced to dispatch without debate and as loose laws, various titles of the previous project, concerning labor contracts, union, conciliation and arbitration courts compulsory insurance cooperative.

The haste with which these laws shipped out, mostly inspired by foreign standards to the circumstances of the country, caused frequent difficulties in its implementation. In 1931 these were merged and modified in order laws passed by the Labour Code.

Labor law forms a complex matter. Thus, any doubt or event it is advisable to hire labor lawyers.