Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Chile (Ratification: 1971)

Article 1(1)(b) of the Convention. Discrimination on the basis of disability. The Committee notes the Government’s indication that, under the terms of Act No. 20422 establishing provisions on equality of opportunity and the social inclusion of persons with disabilities, the measures and programmes adopted include the programme of bonuses for the recruitment of workers of the Subsecretariat of Labour, which subsidizes enterprises that recruit persons with disabilities. The Committee notes the Government’s indication that the programme was not well received by enterprises in 2010, for which reason the amount of the bonuses was doubled in 2011. The Government also refers to the programme implemented by the Department of Social Programmes of the National Training and Employment Service (SENCE), through which 354 persons were trained in 2010, and the programme of SENCE grants offering tax relief to enterprises that train vulnerable groups, including workers with disabilities, which benefited 584 trainees. The Employment Placement Programme undertaken by the National Disability Service (SENADIS) resulted in the placement of 168 persons with disabilities in 2010. The SENADIS has established a national competition for employment integration projects which finances projects for access to dependent employment, self-employment (for women with disabilities and women heads of household including a person with disabilities) and micro-enterprises. The SENADIS also participates in inter-sectoral labour forums with a view to including the variable of disability into labour supply and training in the country. The Government indicates that, with ILO assistance, a study is being undertaken on integrating persons with disabilities in the labour market. The Committee requests the Government to continue providing specific information on the implementation and impact of the programmes and measures adopted, including statistical data disaggregated by sex on the number of persons benefiting from each of the programmes. The Committee also asks the Government to provide information on the findings of the study on the labour integration of persons with disabilities.

Real or perceived HIV status. While noting Act No. 19779 of 14 December 2001, the Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), and particularly to Paragraphs 9 to 14 and 37. The Committee requests the Government to provide information on the policies and programmes adopted in relation to HIV and AIDS in the world of work in the context of Act No. 19779 and any other legislation, collective agreements or court decisions that provide specific protection to prevent stigmatization and discrimination in relation to real or perceived HIV status in employment and occupation.

Article 2. National equality policy. The Committee recalls that in its previous comments it noted the Government’s undertaking to establish and implement policies and action plans to combat racism, racial discrimination and discrimination on the basis of sex. The Committee observes that the Government’s report does not contain information on this subject. The Committee recalls that the Convention requires the national equality policy to be clearly stated, which implies that programmes are formulated, all discriminatory laws and administrative practices are repealed or modified, stereotyped behaviours and prejudicial attitudes are addressed and a climate of tolerance is promoted, and a system of monitoring put in place (see General Survey on fundamental Conventions, 2012, paragraph 844). The Committee requests the Government to provide information on the specific measures and plans adopted or envisaged to combat racial discrimination, particularly against indigenous peoples, and to combat discrimination on the basis of gender, to which the Government referred in its previous comments. The Committee requests the Government to indicate whether measures have been adopted and a national policy drawn up in relation to the other grounds of discrimination envisaged in the Convention.

Promoting equality between men and women in employment and occupation. The Committee notes that, according to the latest report of the National Statistical Institute (INE) published by the Economic Commission for Latin America and the Caribbean (ECLAC) for the January–March quarter of 2012, the labour participation rate of men is 71.7 per cent, while the rate for women is 45.2 per cent, amounting to an increase of almost 2 per cent since 2009. The Committee also notes the Plan for Equality of Opportunity for Men and Women 2011–2020 implemented by the National Service for Women (SERNAM), which shows the persistence of a significant gap in economic participation and equality of opportunity between men and women. According to the Plan, the participation of women in economic activity is even lower among women with lower levels of economic resources (between 23 and 27 per cent), which is also the sector with the highest percentage of women heads of household. The Plan also indicates that women are more affected by poverty. The Committee further notes that the Plan for Equality of Opportunity contains six strategic components, among which emphasis may be placed on the formulation of public policies and the strengthening of institutions for equality of opportunity; the strengthening of leadership, family co-responsibility and equality of access to opportunities. The SERNAM has also implemented various measures and programmes, among which emphasis may be placed on the Programme of Good Labour Practices and Gender Equity and the “Good Labour Practices Iguala” Label introduced by the SERNAM. The Committee notes that the Government’s report refers to the implementation of the Iguala.cl programme in the mining sector and its impact on the reduction of occupational segregation. The Government adds that the Good Labour Practices Code implemented in the private sector is a powerful political signal sent to employers concerning the importance of preventing discrimination in the enterprise. The Government also refers to other measures for the achievement of gender equality, and particularly the Government’s Gender Agenda for the period 2011–14, the Women Workers and Heads of Household Programme, intended to improve the employability and entrepreneurship of women with family responsibilities in the first, second and third quintiles, the 4 to 7 Programme, providing educational support for children aged from 6 to 13 after the school day to allow women with family responsibilities to work, and the Entrepreneurship Programme, which seeks to contribute to the sustainability of women and their businesses. The Committee however observes that the Government’s report does not contain information on the impact of the Plan for Equality of Opportunity for Women and Men 2000–2010 in reducing discrimination on the basis of gender. The Committee requests the Government to continue providing information on the implementation of the Iguala.cl programme in other economic sectors, to supply information on the impact of the Plan for Equality of Opportunity for Women and Men 2000–2010 and on the specific activities carried out by the SERNAM, including statistical data. The Committee further requests the Government to provide information on the measures adopted or envisaged in the context of the Plan for Equality of Opportunity for Men and Women 2011–2020, particularly to increase the participation rate of women in the labour market and to decrease occupational segregation.

The Committee notes Act No. 20595 of 17 May 2012 creating an employment subsidy for women, section 21 of which provides that dependent and self-employed women workers between 25 and 60 years of age belonging to the 40 per cent of the population who are most socio-economically vulnerable, and their respective employers, shall be entitled to the subsidy, which may be provided for each worker for four years continuously. The Committee requests the Government to provide information on the implementation of Act No. 20595 and statistics on its impact on the employment of the most socio-economically vulnerable women.

Public sector. The Committee asks the Government to provide updated information on the employment of women in the public sector, the implementation and compliance with the Good Labour Practices and Non-Discrimination Code in the central state administration and any other measures intended to increase the participation of women in the public sector, including in executive positions.

Sexual harassment. The Committee referred in previous comments to Act No. 20005 of 2005 respecting sexual harassment, which affords protection that is more limited than that foreseen in its 2002 general observation in terms of the persons to be protected, those who should be considered liable, the scope of application and victim protection procedures. In this regard, the Committee notes the Government’s indication that it will take the Committee’s comments into account when making amendments to the legislation and that it does not have information on complaints of sexual harassment. The Committee considers that the availability of precise information on the complaints made concerning sexual harassment and the action taken on them would allow a more precise evaluation of the effectiveness of the policies, procedures and remedies envisaged, and of existing prevention measures. The Committee once again requests the Government to provide information on complaints of sexual harassment at work lodged with the National Labour Directorate and the judicial authorities, and the complaints made under the Good Labour Practices and Non-Discrimination Code in the central state administration. The Committee further asks the Government to indicate whether progress has been made with the measures taken with a view to the amendment of Act No. 20005 in accordance with its 2002 general observation.

Retirement age of women. In its previous direct request, the Committee asked the Government to take measures with the view to the amendment of Legislative Decree No. 3500 of 1980 to harmonize the minimum retirement age for men and women and prevent women’s working life being cut short. In this regard, the Committee notes the Government’s indication that Legislative Decree No. 3500 only provides that women of 60 years of age and men of 65 years of age shall be entitled to an old-age pension, and that nothing prevents them from continuing to work if they so wish. The Government adds that Act No. 20255 of 2008 inserts a section into the Legislative Decree under which insured women who are over 60 years of age and under 65 who have not retired shall be entitled to the invalidity pension and any further benefits due in respect of a survivor’s pension. The Committee requests the Government to provide information on the manner in which the above provisions are applied and, where possible, the number of women who continue working after the age of 60.

Parts III and IV of the report form. Application in practice of the procedure for the protection of fundamental rights. The Committee notes that the Government has provided summaries of the decisions adopted in the context of the special procedure for the protection of fundamental workers’ rights established under Act No. 20087. The complaints lodged up to now have concerned discrimination on grounds of race and gender, including complaints concerning discrimination in the payment of remuneration and discrimination for reasons of disability. The Committee requests the Government to continue providing information on the decisions adopted in the context of the procedure for the protection of fundamental workers’ rights, together with a general evaluation of its operation, including the number of complaints lodged, the grounds for the complaints and any difficulties encountered in its application.