Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Wage Fixing Convention, 1970 (No. 131) - Chile (Ratification: 1999)

The Committee notes the information provided in the Government’s report and would like to be provided with additional information on the following points.

Article 1, paragraphs 1 and 3, of the Convention. Methods of fixing and adjusting minimum wages. The Committee notes the adoption of Act No. 20039 of 30 June 2005 fixing, as from 1 July 2006, the national minimum wage (IMM) at 135,000 pesos (around US$250) a month for workers aged between 18 and 65 years and 101,491 pesos (around US$189) a month for workers under 18 years and over 65 years of age. The Committee requests the Government to keep it informed of any developments relating to the fixing of minimum wage rates for groups of workers who are currently excluded from the scope of the national minimum wage, such as domestic workers, and the effect that it is proposed to give to the Convention with regard to these groups.

Article 2, paragraph 1. Different minimum wage rates based on age. Further to its previous comments on this point, the Committee recalls that the reasons which led to the adoption of lower minimum wage rates for groups of workers as a function of their age should be the subject of periodic examination in the light of the principle of equal remuneration for work of equal value. The Committee therefore requests the Government to provide additional information on the reasons which would justify the maintenance of different rates for workers under 18 years of age and over 65 years, the results of this policy and the manner in which the Government ensures that the principle of “equal remuneration for work of equal value” is fully respected.

Article 3. Elements to be taken into consideration in determining the level of minimum wages. The Committee notes that the Government has not provided any new information on this subject. It once again requests the Government to indicate in its next report the laws or regulations enumerating the elements that are to be taken into account for the determination of the minimum wage.

Article 4. Consultation of the social partners. The Committee notes the Government’s statement that it consults organizations of employers and workers separately. The Committee understands that the IMM was previously determined in a tripartite commission, which then had to stop functioning due to differences which emerged between its members. While noting that the Government convenes the organizations of workers and employers to inform them of the periodic adjustment of the minimum wage, the Committee wishes to emphasize once again the fundamental nature of the principle of full consultation of the social partners at all stages of the procedure of minimum wage fixing. In accordance with the spirit and the letter of the Convention, the process of consultation should be undertaken prior to any decision and must be effective, that is, it must provide the social partners with a real possibility of expressing their opinions and affecting decisions relating to the matters covered by the consultation. Although a distinction needs to be made between “consultation”, “codetermination” and mere “information”, the Committee considers that the Government is under the obligation to establish and maintain conditions permitting full consultation and direct participation of the representative organizations of employers and workers in all circumstances. It therefore requests the Government to take appropriate measures to ensure that effect is given to the requirement of meaningful consultations, as set out in this Article of the Convention, preferably in a manner that is well structured, generally approved and, where possible, institutionalized.

Article 5 and Part V of the report form. The Committee notes the statistical data provided by the Government on the number of fines imposed by the inspection services for failure to pay the minimum wage. The Committee requests the Government to continue providing general information on the application of the Convention including, for instance, statistics on the number of workers paid at the minimum wage rate, where possible disaggregated by sex, age and sector, official studies by the Department of Studies on the minimum wage system, extracts of the reports of the labour inspection services indicating the number and nature of infringements reported, and the sanctions applied, etc.