Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Equal Remuneration Convention, 1951 (No. 100) - Chile (Ratification: 1971)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the statistics supplied by the Government concerning the distribution of workers according to wage brackets. These reveal that 56.1 per cent of women workers earn an amount between the minimum wage and twice the minimum wage, while the percentage of men in this group is 40.9 per cent. They also show that 36.9 per cent of men earn more than three times the minimum wage, while only 25.2 per cent of women workers are in this higher income bracket. In addition, the Committee observes that, at the request of the National Women’s Department (SERNAM), the National Institute of Statistics (INE) broke down the results of the survey on wages and labour costs by sex, the results of which show that women’s monthly earnings represent 68.9 per cent of the level earned by men. According to the branch of economic activity, in the mining industry women earn an average of 60.2 per cent of men’s average wage, in the construction industry the corresponding figure is 65.7 per cent, in commerce 68.3 per cent, in financial services 70.5 per cent and in industry 71.3 per cent. Furthermore, the national employment survey carried out by INE shows that the highest concentration of women in the labour market is in public utility services (54 per cent) and in the commercial sector, where the figure is 45.6 per cent. The Committee invites the Government to provide information on the measures taken or envisaged to promote equal remuneration for men and women workers for work of equal value, and specifically concerning the following: (a) measures envisaged to reduce disparity; (b) the ways in which the Government ensures that women occupy posts which are better paid and have a high degree of responsibility and decision-making; and (c) measures aimed at preventing the professional categories for which women are recruited from being those connected with tasks traditionally performed by women.

2. The Committee notes Act No. 19611 of 9 June 1999 amending the Constitution and establishing legal equality between men and women. The Committee observes that the Government has not made any statement regarding the possibility of giving effect in national law to the provisions of Article 2, paragraph 1, of the Convention, in order to ensure that the principle of equal remuneration for men and women workers for work of equal value is applied to all workers. The Committee also observes that in the draft Act amending the Labour Code of 16 November 2000 it is not envisaged that any provision be introduced in this regard. The Committee recalls that, although there is no general obligation to promulgate legislation under the Convention which upholds this principle, since the latter can also be applied by other means provided for by Article 2, doing so is one of the most effective methods for ensuring that this principle is upheld.

3. The Committee notes the information concerning the implementation of section 41 of the Labour Code and of the jurisprudence interpreting this provision.

4. With regard to its previous comments, the Committee asks the Government to provide information on the measures adopted to promote and ensure the application of the principle of equal remuneration for men and women workers for work of equal value, in conformity with Article 2, paragraph 1, including the dissemination of information on the rights of men and women workers with respect to equal remuneration, and cooperation with employers’ and workers’ organizations in conformity with Article 4.

5. The Committee notes the Government’s statement that there is no obligation on employers to send a copy of collective agreements to the Labour Department or to the Labour Inspection Department, which is why the Government is unable to send copies of the collective agreements between workers and employers which are in force in enterprises. The Committee asks the Government to provide information on the means at the Government’s disposal to ensure that collective agreements are in line with national law and that the principle of equal remuneration for work of equal value is applied, as laid down in the Convention.