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

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

Legislative developments. Work of equal value. The Committee invited the Government on several occasions to give expression in its legislation to the principle set out in the Convention of equal remuneration for men and women for work of equal value. It also noted draft legislation proposing to amend the Labour Code with a view to ensuring the right to equal remuneration by introducing in section 2 the principle of equal remuneration for men and women for work of equal value.

The Committee notes the adoption of Act No. 20348 of 2 June 2009 protecting the right to equal remuneration and adding section 62bis to the Labour Code, which requires employers to comply with the principle of equal remuneration for men and women who perform the same work, with objective wage differences based, among other grounds, on capacity, competence, qualities, responsibility and productivity, not being considered arbitrary. The Committee also notes that the Government has not provided any further information concerning the draft amendment to section 2 of the Labour Code.

With reference to its general observation of 2006, the Committee emphasizes that the concept of equal remuneration for “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The Committee requests the Government to indicate the measures adopted or envisaged to reflect fully in the legislation the principle of the Convention and to guarantee equal remuneration for men and women not only in situations in which men and women perform equal or similar work, but also where they perform work that is different but nevertheless of equal value.

The Committee is raising other points in a request addressed directly to the Government.