Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Gender pay gap. The Committee notes that, according to the 2007 “Profile of women workers in Chile”, there was a greater increase in 2005 in the average income of women (15.1 per cent) than of men (12.8 per cent) and, consequently, the gap between women workers’ average income and the average income of men fell from 19.3 per cent in 2003 to 16.3 per cent in 2005. The same study shows that the higher the educational level of workers, the greater the income gap (for example, among university-educated professionals it is estimated that the pay gap is approximately 32.4 per cent). Furthermore, the Committee notes that, according to the same study, the biggest income gap between men and women is to be seen in industry (between 2001 and 2005 the gap increased from 21.7 per cent to 27.1 per cent) and in the higher-paid occupational categories. According to the “Gender Analysis” undertaken by the World Bank, the Inter-American Development Bank and the National Women’s Department (Government of Chile) in 2007, it is precisely with regard to the high-income occupational groups that unexplained pay gaps are observed. The Committee asks the Government to provide information on the measures taken or contemplated to reduce the gender pay gap. The Committee also asks the Government to continue supplying statistical information on the gender pay gap and asks it to supply a copy of the 2006 pay survey conducted by the National Institute of Statistics (INE). The Committee repeats its request for data relating to the women’s employment quality index (INCEF) and the national and regional information and monitoring system for women in the Chilean labour market established by the National Women’s Department in cooperation with the University of Chile.

Article 2(1) of the Convention. Promotion of the principle of the Convention. The Committee notes the “Code of good labour practice and non-discrimination” for the central state administration and “Guide to good labour practice” relating to non-discrimination in enterprises, which apply to the public and private sectors respectively. Both documents promote equality of opportunity and treatment between men and women and greater reconciliation of work and family responsibilities. Even though the principle of equal remuneration for men and women for work of equal value is not included explicitly in these documents, the Committee understands that such activities will contribute to its realization. The Committee asks Government to supply information on the impact of the “Code of good labour practice” and the “Guide to good labour practice” on promoting the principle of the Convention. The Committee also asks the Government to consider promoting the explicit inclusion of the principle of the Convention in the abovementioned documents.

Article 2(2)(a). Legislative measures. Work of equal value. In its previous comments, the Committee called on the Government to give expression in its legislation to the Convention’s principle of equal remuneration for men and women for work of equal value. The Committee notes with interest the draft act amending the Labour Code safeguarding the right to equal pay through the introduction of the principle of equal remuneration for men and women for work of equal value in section 2 of the Labour Code. With reference to its general observation of 2006, in particular paragraph 6, the Committee urges the Government to expedite the adoption of these reforms in order to give expression to the principle of the Convention and to keep it informed in this regard.

Article 2(2)(c). The Committee asks the Government once again to supply information on the measures taken or contemplated 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.

Article 3. Objective job evaluation. The Committee notes that according to the “Gender Analysis” undertaken by the World Bank, the Inter-American Development Bank and the National Women’s Service (Government of Chile) in 2007, occupational segregation is a major factor in the gender pay gap, other factors being length of work experience, education and civil status. In this respect, the Committee refers to its general observation of 2006, in which it underlines the importance of using appropriate techniques for objective job evaluation which are free from gender bias in order to avoid any undervaluation of work performed predominately or exclusively by women. The Committee, therefore, urges the Government, in cooperation with workers’ and employers’ organizations, to promote, develop and establish practical methods for objective job evaluation with a view to effectively applying the principle of equal remuneration for men and women for work of equal value, and asks it to supply information in this regard.

Article 4. Noting that the Confederation of Manufacturing and Trade adopted the abovementioned “Guide to good labour practice” relating to non-discrimination in enterprises, the Committee asks the Government to supply information on any other initiative undertaken in cooperation with employers’ and workers’ organizations for improving the application and raising awareness of the Convention.