Home Noticias Estallido y pandemia: qué aprender de 2020 en materia laboral

Estallido y pandemia: qué aprender de 2020 en materia laboral

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Tras el golpe militar de 1973, Chile fue el primer experimento de formación de un Estado neoliberal. En materia laboral, ello implicó una violenta represión de los movimientos sindicales y sus dirigentes(as), y se instaló el discurso de la despolitización de los sindicatos, la flexibilización del mercado laboral y la privatización de derechos sociales que conforman el sistema de seguridad social.

Esta es, en parte, una explicación de por qué, luego de 40 años de funcionamiento de un modelo de relaciones laborales flexible en lo individual y rígido y restrictivo en lo colectivo, en octubre del año pasado se inició la revuelta popular más importante tras el retorno a la democracia.

No podría haber sido de otra manera si consideramos que el área clave de todo modelo laboral para combatir la desigualdad –el de las relaciones colectivas− fue reconfigurado con el fin de ponerlo en sintonía con la ideología neoliberal y hacerlo completamente intrascendente para su objetivo principal: alcanzar la anhelada igualdad material de los(as) ciudadanos(as).

Si bien la pandemia del COVID-19 interrumpió la movilización social, en lo que a las relaciones laborales se refiere, la crisis sanitaria ha puesto en el centro del debate al trabajo y al modelo de relaciones laborales, desnudando la desprotección en la que se encuentran las trabajadoras y los trabajadores. Así, las demandas sociales vinculadas al trabajo se han hecho mucho más evidentes.

En este contexto, el Informe Anual de Derechos Humanos 2020 de la Universidad Diego Portales muestra cómo el modelo chileno de relaciones laborales institucionaliza la precariedad y la desigualdad, lo que explica parte de las causas o factores que gatillaron el descontento que derivó en el despertar de Chile.

Quizás la faceta más cruda de esta realidad ha sido la desprotección en la que han quedado las trabajadoras y los trabajadores con la legislación de emergencia dictada a raíz de la crisis sanitaria, en especial tras la denominada “Ley de Protección al Empleo”. Muchas personas, en especial mujeres, vieron suspendidos sus contratos de trabajo, lo que ha impactado directamente en sus ingresos, pues la fórmula escogida por el gobierno –pago de remuneraciones a cargo del seguro de cesantía– no garantizó el pago del 100% de sueldos que ya eran bajos. Ello, sumado a quienes derechamente perdieron su trabajo, no tuvo otra consecuencia que el “hambre”, que obligó a presionar por la aprobación del retiro del 10% de los fondos de pensiones, medida que si bien volvía a poner en los hombros de la clase trabajadora los costos de la crisis, fue una salida ante la inacción del Gobierno.

Esta realidad se ve agravada por la falta de poder de acción de las trabajadoras y los trabajadores, producto, entre otros factores, de un modelo normativo que desconfía del accionar de los sindicatos, restringiendo su autonomía y principal herramienta de defensa: la huelga.

Sin duda, el proceso constituyente abre una oportunidad para reconfigurar las garantías constitucionales vinculadas al trabajo y con ello sentar las bases para un nuevo modelo legal de relaciones laborales.

  • El contenido vertido en esta columna de opinión es de exclusiva responsabilidad de su autor, y no refleja necesariamente la línea editorial ni postura de El Mostrador.

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