Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee has noted the information supplied by the Government in its report in response to the Committee's direct request of 1990.

1. The Committee had asked the Government to indicate how and under what provisions the application of the principle of equal remuneration for men and women workers for work of equal value was ensured in accordance with the Convention, in view of the fact that the new Labour Code (unlike the Code previously in force) contained no formal provision to that effect. In its reply, the Government refers in detail to section 19(16) of the Constitution and section 2 of the Labour Code and states that these provisions ensure the application of the principle enunciated in the Convention. The Committee notes that section 19(16) of the Constitution and section 2 of the Labour Code refer only in general terms to the principle of equal treatment. The Committee asks the Government to supply examples of judicial decisions according to which the aforementioned provisions should be construed as requiring equal remuneration for men and women workers for work of equal value. Failing such judicial decisions, the Committee asks the Government to inform it of such measures as may be taken or contemplated to bring national law into harmony with the Convention.

2. The Committee notes the Government's statement that the benefits and allowances arising out of the worker's employment and not constituting remuneration, for which provision is made in section 40, subsection 2, of the Labour Code, are provided under the same conditions to men and women who perform work of equal value, without discrimination as to sex. The Government also states that labour relationships embody the principle of freedom of contract and that consequently rates of remuneration higher than the minimum are fixed both individually and collectively by the contracting parties. The Committee asks the Government to supply in its next report the texts of collective agreements fixing the level of wages in the various sectors of activity and, if possible, the proportion of women covered by such collective agreements and the distribution of men and women at the various levels.

3. The Committee takes note of the Government's statement that the remuneration and benefits of officials of the public administration of the Congress and the Judicial Power and of the men and women workers of state undertakings and institutions not covered by the Labour Code are fixed on the basis of a single scale of remuneration comprising 31 different grades according to the qualifications required (knowledge, experience, professional diploma, etc.), and that Legislative Decree No. 90 of the Ministry of Finance prescribes the grades in the single scale of remuneration and the qualifications required for each grade. The Committee asks the Government to supply the text of Legislative Decree No. 90 of the Ministry of Finance (which was not transmitted with the report), stating the proportion of men and women at the various levels.

4. The Committee asks the Government to supply the statistical data concerning wage rates and the average incomes earned by men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women.