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Today the discussion of the presidential veto to the labor protection project that produced so much irritation among opposition parliamentarians was on the table of the Senate, for which a hard confrontation was anticipated. However, the Executive decided to withdraw its proposal.
“I am kind enough to inform Your Excellency that I have resolved to withdraw from processing the observations contained in official letter N ° 171-368, dated September 16, 2020, formulated to the bill that makes applicable to public and municipal officials the labor protection procedure contemplated in the Labor Code for the protection of fundamental guarantees ”indicates the official letter sent to the Senate signed by President Piñera and the Minister Secretary General of the Presidency, Cristián Monckeberg.
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It should be remembered that in the Labor Commission that had previously analyzed the text, the veto was rejected by 3 votes to 1.
In general terms Guardianship is a right of the Labor Code through which private sector workers can resort to an expedited process in court when they believe that their fundamental rights are not being respected. It refers to constitutional guarantees such as the right to equality, not to be discriminated against.
The project that was approved by substantial majorities in both houses, recognizes this right also to public officials. However, once dispatched the Executive exercised its right to veto to modify some issues.
In the first place, it proposed that the supervision of the Labor Directorate regarding private officials for the preliminary investigation and resolution process, be transferred to the Comptroller’s Office, to avoid conflict of interest.
The other aspect of the veto was to exclude the armed forces from this right, which was rejected by the parliamentarians who observed that no differences can be made between officials of the armed forces and the rest, and recalled that civilians also worked within these classes .
