Labor Law and Labor Relations in Chile, 1900-1970. A Case Study of Law as a Means of Social Control

Heleen Leetswart

doi:10.5771/0506-7286-1978-3-283

Abstract

VRÜ Verfassung und Recht in Übersee , Seite 283 - 304

Highlights

The purpose of this article is to analyze the role law played in labor-management relations in Chile from the beginning of this century up to 1 970
The fact that over 70 % of the labor force was not organized, and that no professional labor bureaucracy had developed was no doubt in part related to the legislation concerned, and in any case qual ifies as a "legal" situation, i. e., it was in conformity with both the letter and the spirit of the laws
The lack of professional leadership induced, in its turn, a high degree of rank-and-file involvement in all union activity, and this general participation in the day-to-day confronta tion with management may account for a relatively high political consciousness, or as has been said, a "dass struggle mentality" (Alexander 1962 : 1 0). Another remarkable feature of labor relations in Chile is that except in the sectors that de veloped genuine collective contracts, there were no private institutions for handling indi vidual grievances This should be seen in connection with the legal conceptualization of the labor contract as an individual affair between worker and employer

Summary

Introduction

The purpose of this article is to analyze the role law played in labor-management relations in Chile from the beginning of this century up to 1 970. The lack of professional leadership induced, in its turn, a high degree of rank-and-file involvement in all union activity, and this general participation in the day-to-day confronta tion with management may account for a relatively high political consciousness, or as has been said, a "dass struggle mentality" (Alexander 1962 : 1 0) Another remarkable feature of labor relations in Chile is that except in the sectors that de veloped genuine collective contracts, there were no private institutions for handling indi vidual grievances This should be seen in connection with the legal conceptualization of the labor contract as an individual affair between worker and employer. In its turn, had an influ ence on certain legislation and administrative measures

The idea of social control through law

Findings

Legal mechanisms for controlling labor relations