Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Gender remuneration gap. The Committee notes the information contained in the annual reports of the National Institute of Statistics (INE) for the period 2006–08, which do not provide statistical data on the remuneration paid disaggregated by sex. It also notes the information provided by the Government that important remuneration gaps persist in the public sector and are constantly changing (18.8 per cent in 2006 and 27.3 per cent in 2007, compared with 14.6 and 13.7 per cent respectively in the private sector). The Committee notes that remuneration gaps particularly affect women between 25 and 54 years of age, or in other words the majority of active women in the country. Moreover, with regard to data relating to the women’s employment quality index (INCEF) and the National and Regional System for Information to Monitor the Situation of Women on the Chilean Labour Market, compiled by the National Women’s Department (SERNAM) in collaboration with the University of Chile, the Committee notes the Government’s indication that studies have not been carried out on this subject. However, the Ministry of Labour (Sub-Secretariat of Labour), in collaboration with the United Nations Development Programme, is developing indicators which will provide information on the level of employability of women and the quality of the jobs in which they are engaged. The Committee requests the Government to provide fuller information on the indicators of the level of employability of women and the quality of the jobs in which they are engaged, and to provide a copy of any study or report carried out in this context. It also requests the Government to provide information on any other measure adopted to reduce the remuneration gap between men and women.

Article 2 of the Convention. Measures adopted to promote the principle of the Convention. The Committee notes the Government’s indication that the impact of the Code of Good Labour Practice and Non-Discrimination has only been evaluated for the public service as from 2009. It also notes the formulation of a new triennial plan for good labour practice in which the SERNAM envisages promoting the principle of the Convention. The SERNAM also participated in an international seminar on the payment of equal wages for work of equal value, which was also attended by the representatives of the social partners. The Committee requests the Government to provide a copy of the evaluation referred to above, as well as further information on the new triennial plan for good labour practice, and particularly the measures adopted or envisaged to promote in this context the principle of equal remuneration for men and women for work of equal value.

The Committee notes the adoption of Act No. 20.267 of 6 June 2008 creating the national system for the certification of vocational skills and the improvement of training and employment status. It notes that the objective of this system is to act as a model with a view to improving the quality and relevance of vocational training, optimizing the effectiveness of mediation procedures and promoting lifelong learning by workers, the recognition of such learning and its value. It further notes that the National Training and Employment Service (SENCE) has established the programme “Iguala.cl” with a view to improving the participation and situation of women in the leading sectors of the national economy by promoting the principle of non-discrimination. The Committee requests the Government to provide information on the impact of the measures described above on the application of the Convention in practice and on the remuneration gaps between men and women identified in the public and private sectors. The Committee also requests the Government to provide information on any initiative undertaken in collaboration with employers’ and workers’ organizations to improve knowledge and the application of the provisions of the Convention.

Collective agreements. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that collective agreements are in harmony with the national legislation and apply the principle of equal remuneration for men and women for work of equal value.

Objective job evaluation. The Committee notes that Act No. 20.348 of 2 June 2009 amends section 154(6) of the Labour Code, which now provides that enterprises employing 200 or more workers shall maintain a register of the various tasks and functions in the enterprise and their essential technical characteristics. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that the enterprises concerned, when analysing the various tasks and functions and technical characteristics, have recourse to objective criteria that are free from gender bias and that particular attention is afforded to the so-called “feminine” elements of jobs, which are often undervalued. The Committee also requests the Government to provide information on any other measures adopted, in collaboration with workers’ and employers’ organizations, to develop methods for the objective evaluation of jobs and to encourage their use with a view to the effective application of the principle of equal remuneration for men and women for work of equal value.