Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the observations made by the National Association of Public Employees (ANEF), the Association of Employees of the Women’s National Service, the College of Teachers of Chile A.G., the National Confederation of Business and Services, and the Confederation of Unions in the Banking and Financial Sector of Chile, dated 15 September 2011. The Committee asks the Government to provide its comments in this respect.

Work of equal value. In its previous comments, the Committee referred to Act No. 20348 of 2 June 2009 protecting the right to equal remuneration and adding section 62bis to the Labour Code, under which employers are required to comply with the principle of equal remuneration for men and women who perform the same work. On that occasion, the Committee asked the Government to indicate the measures adopted or envisaged to reflect fully in the legislation the principle of the Convention. In this respect, the Committee notes the Government’s indication that Chilean legislation refers to the principle of “the same work” as the labour market is strongly segregated by gender and, in general, women do not perform the same work as men. The Government adds that during the parliamentary discussion of the Act, reticence was expressed with regard to the term “work of equal value”, because the interpretation of that phrase would not be completely clear. For that reason, the term “same work” was preferred. In this respect, the Committee considers that the system established contributes to the persistence of the gender pay gap and of occupational segregation on grounds of gender, with certain jobs being performed basically or exclusively by women, and others by men, in accordance with custom or historical attitudes. The Committee recalls that occupational segregation tends to result in the undervaluation of “women’s work” in comparison with that performed by men and that to address this segregation it is essential to take into account the concept of “work of equal value”, which allows a broad scope for comparison. The application of the principle of the Convention is not confined to comparisons between men and women who work in the same establishment or enterprise, but allows a much broader comparison to be made of work performed by men and women in different locations or enterprises, or with different employers. The Committee therefore again asks the Government to take the necessary measures to amend section 62bis of the Labour Code with a view to guaranteeing equal remuneration for men and women, not only in situations in which men and women perform equal or similar work, but also in situations in which they carry out different work, but which is nevertheless of equal value.

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