Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 26) sur les méthodes de fixation des salaires minima, 1928 - Chili (Ratification: 1933)

The Committee notes the information provided by the Government in reply to its previous comments.

1. In particular, the Committee notes with interest that since 1990 the minimum monthly income has been adjusted once a year by law on the basis of the tripartite national framework agreement concluded among the United Centre of Workers (CUT), the Confederation of Production and Commerce (CPC) and the Government. The Committee hopes that the Government will continue supplying the results of the application of the minimum wage fixing machinery in accordance with Article 5 of the Convention.

2. As regards the exclusion of homeworkers from the minimum wage system, the Committee notes that the Government repeats its explanations that homeworkers in Chile are independent workers who are free to conclude an agreement on their remuneration. The Committee notes that section 8(2) of the Labour Code, as amended, excludes from the definition of labour contract, inter alia, the services provided in a discontinued or sporadic manner at home, and that its section 8(3) further excludes the services habitually performed by persons at their home without vigilance or immediate direction of the one who contracts them. It appears from these provisions that the work performed on a regular basis at home of the workers under vigilance or immediate direction of the contractor falls within the scope of the labour contract and therefore within the scope of the Labour Code. The Committee therefore requests the Government to indicate measures taken or envisaged to ensure the application of section 43 of the Code concerning the minimum monthly income to such homeworkers who regularly perform work under vigilance or immediate direction of the employer.

3. Further to its previous comments, the Committee notes the Government's explanations concerning other exceptions from the minimum wage system (Article 2).

4. With reference to the previous comments, the Committee notes the information supplied by the Government concerning the inspection visits, the provisions on sanctions and the statistics on claims and complaints relating to the minimum wage. It requests the Government to continue providing information on the practical application of the Convention (point V of the report form).