Judicial protection of the freedom of labor unions

Abstract

This paper makes a systematic and critical review of the mechanisms contained in the Chilean Labour Code aimed at protecting labour unions’ freedom. In particular the paper refers to the judicial procedure created for the protection against violations of this fundamental freedom, involving unfair or anti-union practices. This article considers provisions introduced by Law Nº 19.759 with the purposes of reinforcing respect and promotion of unions’ freedom and of making these provisions compatible with the norms and principles of the Conventions Nº87 and Nº98 of the International Labour Organization (ILO). It also reviews the recent innovations introduced by Law Nº 20.087 that modifies the labour judicial procedure, among other matters, regarding the protection of this constitutional guarantee. The author exposes the improvements that Chilean labour law has undergone to ensure the full and efficient enjoyment of the workers’ fundamental rights within their companies.