HAS THE RIGHT TO NON-LABOR DISCRIMINATION BECOME COMPROMISED CHILE IN RELATION TO THE NATIONALITY?

Abstract

The present work deals with the principles of dignity and equality, as well as non- discrimination in the field of labor law in Chile, with regard to the exception enshrined in the Chilean Political Constitution, referred to allow by law, the requirement of Chilean nationality to develop work activities.

The work deals with the margins of the principle of human dignity as an approximation to the principle of equality and within it the principle of non-discrimination, in the same way the principle of equality is addressed in a very global way, understanding that in any of its meanings or ways of interpreting it is a pillar of fundamental rights.

A review is made of some positive texts such as the Political Constitution, some International Conventions and Treaties, internal labor law, and the emergence and recognition of the so- called "economic, social and cultural rights", from which an approach with respect to the real application of the right to non-discrimination in the workplace, and its recognition as a fundamental right on the initial basis of both the international normative texts and the general and specific Chilean legal system, and how they expressly sanction discriminatory acts originating from that are not linked to the capacity or suitability of the people.

In particular, Article 19 of the Labor Code of Chile, requires for those companies that have more than twenty-five workers, a minimum percentage of Chilean workers equivalent to 85% of the workers of the same, given that there is a migration phenomenon that percentage results discriminatory, since the demand for labor cannot be covered by Chilean labor.

Finally, we intend to verify if the legislation, specifically the Political Constitution of Chile, truly recognizes and applies the right to non-discrimination as a fundamental labor law due to the nationality of workers or, on the contrary, to protect Chilean workers, it violates it.