Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee recalls that it previously noted the observations of the National Association of Fiscal Employees (ANEF) and the Single Central Organization of Workers of Chile (CUT-Chile), received on 1, 2 and 13 September 2018. The Committee notes that the Government has not provided its comments in this regard.

Articles 1 to 4 of the Convention. Gender pay gap and the promotion of equal remuneration. The Government provides information in its report on various legislative proposals to amend section 62 of the Labour Code to establish: (1) the requirement for enterprises with over 200 workers to publish every six months a register of remuneration disaggregated by position and gender, and the requirement for enterprises with 50 or more workers to apply a gender wage gap indicator (Bulletin No. 13785-07); (2) the requirement to indicate explicitly and precisely the remuneration offered for all job vacancies (Bulletin No. 14317-13); (3) a period of three months for the worker to complain of the unjustified failure to comply with the principle of equal remuneration (Bulletin No. 7167-13); and (4) the requirement for enterprises to undertake annually an analytical appraisal of jobs as a basis for the formulation of an equal remuneration plan (revised Bulletins Nos 10576-13, 12719-13 and 14139-34). The Committee also notes the Government’s reference to the 2019 ENCLA Labour Survey, according to which 71.4 per cent of enterprises have undertaken at least one equal remuneration action, such as the analysis and description of jobs and the inclusion of equal wages in the internal policy. According to the same survey, around half of enterprises which engage in collective bargaining have included wage equality in their collective agreements. The Committee further notes that the ANEF provides information in its observations on the various measures adopted by the Government to reduce the gender wage gap, including Acts Nos 20786 and 20787, which cover, respectively, the remuneration of workers in private homes and workers who prepare food in educational establishments. The Committee refers in this regard to its comment on the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and in particular to the measures to reduce occupational segregation on grounds of gender. The Committee requests the Government to continue providing information on the measures adopted or envisaged to reduce and eliminate the remuneration gap between men and women, including any progress in the adoption of the various draft legislative texts. The Committee also requests the Government to provide statistical data disaggregated by sex on the wages received by branch of activity and occupational sector, and any other information indicating the effectiveness and results of the measures adopted for the reduction of the remuneration gap between men and women.

Article 3. Objective appraisal of jobs. The Committee notes that the ANEF indicates in its observations that, within the framework of its protocol agreement with the Government and with the support of the ILO, a pilot trial was undertaken of the evaluation of jobs from a gender perspective. It indicates that the trial, the results of which were published in 2018, has provided the basis for the development of work to promote wage equity in the public sector through social dialogue, within the framework of the recommendations of the Equal Pay International Coalition (EPIC) and the work plan agreed by the bipartite constituents with ILO support. The Committee also notes that one of the draft texts that is being examined with a view to the amendment of the Labour Code proposes to specify that “the employer shall determine remuneration structures and scales on the basis of the analysis of jobs and their description, evaluating each of them using the analytical method for the appraisal of jobs determined by the Labour Department” and that the Labour Department shall “develop a guide for the appraisal of jobs through which each employer can apply an analytical method of appraisal” (revised Bulletins Nos 10576-13, 12719-13 and 14139-34). The Committee requests the Government to provide information on any measures adopted for the establishment of a mechanism for the objective appraisal of jobs from a gender perspective, including the measures adopted following the pilot trial in the public sector.

Enforcement. The Committee notes the observations of the CUT, according to which there is a deficiency in the legislative framework governing the principle of equal remuneration due to the requirement to follow a compulsory complaint procedure with the enterprise before being able to initiate the procedure for the protection of fundamental rights. The CUT adds that such a complaint can only be brought by the person affected, and not by trade unions. The Committee observes that, in the context of the amendment of section 62 bis of the Labour Code with a view to providing for equal remuneration for work of “equal value” (Bulletin No. 9322-13), the possibility is envisaged of complaints being made by the worker or the trade union of which the worker is a member, as well as the voluntary use of the internal enterprise complaints procedure. The Committee further notes that the Government and the ANEF provide information on various court rulings on equal remuneration. The Committee requests the Government to provide information on the progress made in the adoption of Bulletin No. 9322-13 or on any other similar legislative measure.