Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Chile (Ratification: 1933)

The Committee notes the detailed information provided in the Government's report.

The Committee notes the Government's statement to the effect that young workers aged under 18 years and workers aged over 65 years are paid a minimum wage determined by law which is slightly less than the minimum wage normally applied to private-sector workers. Thus, Act No. 19.502 (Official Gazette of 30 May 1997) fixes the general minimum wage at 71,400 dollars, while the minimum wage for adolescents below the age of 18 years and for persons over the age of 65 years is 61,445 dollars.

In this regard, the Committee recalls paragraphs 169 to 181 of its 1992 General Survey on minimum wages. As the instruments concerning minimum wages contain no provision for the fixing of different minimum wage rates on the basis of criteria such as sex, age or disability, the general principles laid down in other instruments must be respected, in particular the principles contained in the Preamble to the ILO Constitution, which specifically refers to the principle of "equal remuneration for work of equal value". With regard to age, paragraph 171 of the 1992 General Survey indicates that the quantity and quality of work done must be the decisive factor in determining wages. The Committee therefore considers that, even if the minimum wage Conventions do not prohibit setting lower minimum wage rates for young workers, any measures taken in this regard should respect the principle of "equal remuneration for work of equal value", and should not be based on the criteria of age or sex but rather on objective criteria such as the quantity and quality of work done.

The Committee hopes that these criteria will serve as the basis for determining minimum wages for workers below the age of 18 years and those aged over 65 years. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that workers in these categories receive remuneration equal to that of other workers for the same or equivalent work.

With regard to homeworkers, the Committee notes in particular the information provided by the Government with regard to section 44 of the Labour Code of 1994.

Finally, the Committee notes the Government's statement to the effect that new information on the practical application of the Convention will be communicated as soon as it is available. It hopes that the Government will shortly be in a position to provide this information, in accordance with Article 5 of the Convention and point V of the report form.

[The Government is asked to report in detail in 2000.]