Chile: Restrictions on the Right to Strike in Certain Companies

In accordance with labour regulations, there are specific companies where employees cannot exercise the right to strike. These restrictions apply to sectors considered essential for public welfare, national security, or the continuous provision of critical services.

To establish a clear framework for these regulations, a resolution has been issued defining the new procedure governing these restrictions. According to this resolution, requests must be submitted to the Directorate of Labour, even though the authorities responsible for deciding the declaration are the Ministries of Labour, Economy, and Defence.

The resolution also specifies the causes under which a request can be made, including:

• Risks to national security
• Threats to public order or safety
• Essential service disruption that may affect public welfare
• Circumstances that could lead to severe economic consequences

The procedure will be carried out every two years, and applicants must submit their request between May 1 and May 31 of the respective year. The final determination will be made by the Ministries of National Defence; Economy, Development, and Tourism; and Labour and Social Welfare through a joint resolution. These ministries have until July 31 of the same year to resolve the submitted requests.