Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 that, according to the statistical data for 2000, the participation rate of women in the labour market (38.6 per cent) is much lower than that of men (73.2 per cent). It also notes that the wage gap increases significantly the higher the age of women. The Committee notes that the average remuneration of women by occupational category or group for 2000 and 2001 is 62.7 per cent of that of men for managerial personnel; 76.3 per cent for professionals; 74.88 per cent for self-employed workers; 85.35 per cent for salaried employees and wage earners; 85.04 per cent for the armed forces and the police; and 85.45 per cent for domestic workers. The wage gap therefore only narrows for lower level occupational categories or groups with less responsibility. The Committee trusts that the Government will continue to provide updated statistical information in its next reports.

2. The Committee notes the Government’s statement in its report that the amendment of sections 2 and 5 of the Labour Code by Act No. 19.759 of 5 October 2001, prohibiting discrimination in employment and occupation, gives effect, in both administrative and jurisdictional terms, to the principle of equal remuneration for men and women workers for work of equal value. The Committee considers that section 2 of the Labour Code is more related to the application of the principle of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and although this reform admittedly contributes to the application of the principle set out in Article 2, paragraph 1, of the Convention, it does not necessarily reflect it in full. In view of the above the Committee invites the Government to consider the possibility of including in its legislation in the near future the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee notes the existence of a report of the Department of Research and Statistics of SERNAM, entitled "Survey of remuneration and labour costs, by gender", which analyses the factors that influence the recruitment of men and women and the quality of jobs they obtain. The report refers to a wage gap between men and women workers of over 30 per cent on average in favour of men, which, in addition to wage discrimination against women, reflects a series of socio-cultural circumstances which make it more difficult for them to obtain higher quality jobs. The Committee would be grateful if the Government would supply a copy of this publication and provide information in its next report on the measures adopted or envisaged to reduce the wage gap between men and women workers. As concerns access to jobs, the Committee also refers to its comments under Convention No. 111.

4. The Committee reiterates its previous request to the Government to provide information on the manner by which it ensures that collective agreements are in conformity with the national legislation and apply the principle of equal remuneration for men and women workers for work of equal value.

5. The Committee also once again asks the Government for information on the cooperation of employers’ and workers’ organizations for the purpose of raising awareness and improving application of the provisions of the Convention.