Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes with interest the Government’s first two reports and the attached documentation.

Article 1, paragraph 3, of the Convention. The Committee notes the various categories of workers who are excluded from the minimum wage system (workers covered by apprenticeship contracts, workers in private houses and workers with disabilities and mental deficiencies). While recalling its previous comments on this point in relation to Convention No. 26, the Committee is bound to emphasize that, although the Conventions on minimum wages do not prohibit the fixing of lower minimum wage rates for workers on the basis of their age or disability, protective clauses should be adopted to guarantee them equal remuneration to that of other workers, provided that they perform work of a similar nature and meet the same requirements as to quantity and quality of work, in accordance with the principle of "equal wages for work of equal value". The Committee requests the Government to keep it informed of developments in the situation with regard to these groups of workers and to provide additional information on the reasons for the exclusion of workers in private houses and apprentices from the minimum wage system.

Article 2, paragraph 2. The Committee notes the Government’s indication that the remuneration of workers is determined in accordance with individual or collective agreements with employers, always in compliance with the minimum wage rate, which is a limit or floor for remuneration. In this respect, the Committee requests the Government to provide information on the number and categories of workers whose wages are determined by collective bargaining, with an indication where appropriate of the extent to which they comprise workers who are also covered by the minimum wage system.

Article 3. The Committee notes the Government’s information on the elements taken into consideration to determine the level of minimum wages, including variations in the consumer price index, the satisfaction of the basic needs of workers and their families, the maintenance of the level of employment, the offsetting of the purchasing power lost through inflation, etc. The Committee requests the Government to indicate the legal instrument enumerating the elements that are to be taken into account for the determination of the minimum wage.

Article 4. The Committee notes the Government’s statements that the procedure of prior negotiation between employers, workers and the Government establishes the basis for determining the amount of the minimum wage and the percentage of its adjustments. The Government adds that, during the discussion of the minimum wage for the period from 1 June 2001 to 31 May 2002, account was taken of the views of the representative organizations of employers and workers, organizations of small and medium-sized enterprises, parliamentarians (deputies and senators) and government authorities (Ministry of Finance, Ministry of the Economy and Ministry of Labour). The Committee recalls that, in accordance with the Convention, provision must be made in the minimum wage fixing machinery for effective consultation and direct participation of the social partners concerned and that it would therefore be desirable to establish a permanent body to fulfil this function. The Committee requests the Government to provide additional information on the manner in which the organizations of employers and workers are consulted in practice and on any legal provision governing the process of consultation and the revision of the minimum wage.

Article 5 and Part V of the report form. The Committee notes the information provided by the Government on the inspection system and the penalties established by the law to secure compliance with the minimum wage provisions, as well as the statistics on changes in wage rates over the period 1999-2002. In this respect, the Committee requests the Government to continue providing detailed information on the application of the Convention in practice, and particularly statistics on the results of the inspections carried out (violations reported, sanctions imposed, etc.), the approximate number of workers covered by minimum wage rates, the minimum wage rates in force and any other information relating to the application of minimum wage provisions.