Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 1(1)(a) of the Convention. Sexual harassment. The Committee has been referring for several years to Act No. 20 005, amending the Labour Code to include provisions on sexual harassment, which appears to afford more limited protection in terms of the persons protected, offenders, the scope of application and victim protection procedures. The Committee notes the Government’s indication that 429 complaints of sexual and labour harassment were made to the central State administration in 2011 and 2012, of which 79 per cent were for labour harassment, 13 per cent for sexual harassment and 8 per cent for both reasons. Women made 73 per cent of the complaints. Of these complaints, 278 were investigated through disciplinary procedures, resulting in the recognition of 45 cases of labour harassment, 12 cases of sexual harassment and three cases of both labour and sexual harassment. The Government adds that the National Women’s Service (SERNAM) has undertaken training and awareness-raising activities on sexual harassment in the public and private sectors. In this connection, the Committee notes the Bill of 24 January 2013 on sexual harassment, which provides for the inclusion in the Penal Code of section 364, worded as follows: “Any person who seeks favours of a sexual nature, for themselves or for another person, within the context of a working, teaching or sporting relationship or the provision of services, either continuous or habitual, and who through such behaviour creates for the victim an objectively intimidating or hostile situation, shall be liable as the perpetrator of sexual harassment to a sentence of short-term imprisonment”. The Committee requests the Government to provide information on the stage of the Parliamentary procedure for the examination of the Bill to reform the Penal Code in relation to sexual harassment and on the application in practice of Act No. 20 005 on sexual harassment, and on any amendment envisaged in this regard. The Committee also requests the Government to continue providing information on the complaints of sexual harassment made to the National Directorate of Labour and the courts, the actions taken on these complaints, penalties imposed and compensation awarded.

Articles 1(1)(b) and 2. Discrimination on the ground of disability. With reference to its previous comments concerning the impact of the measures adopted in promoting the access to employment of persons with disabilities, the Committee notes the Government’s information on the adoption of the following measures with a view to the integration into the labour market of persons with disabilities: (a) within the context of the National Training and Employment Service (SENCE), the “More Skills Programme” and the handbook on labour intermediation processes have been implemented; (b) the Programme of Social Services of the Subsecretariat of Labour; and (c) the signature of the collaboration agreement between the SENCE and the National Disability Service (SENADIS), providing subsidies to enterprises which recruit persons with disabilities. The Committee also notes that, according to the national study on disability prepared in 2015 by the Ministry of Social Development, the labour market participation rate of persons with disabilities over 18 years of age is 63.8 per cent. The Committee also notes that, although the proportion of women with disabilities (24.9 per cent) is higher than that of men (14.8 per cent), the labour market participation of women with disabilities (26 per cent) is lower than that of men with disabilities (61.3 per cent). The Committee further notes the Bill to amend the Labour Code with a view to prohibiting discrimination at work on the ground of disability and establishing a compulsory minimum quota of workers with disabilities of 2 per cent in enterprises with over 50 workers. The Committee requests the Government to provide information on the effectiveness and results of the programmes and measures adopted, including information on the measures intended to increase the participation of women with disabilities in the labour market, and statistical data disaggregated by sex on the number of persons benefiting from each of the programmes referred to above. The Committee also requests the Government to provide information on the stage that has been reached in the Parliamentary examination of the Bill to amend the Labour Code with a view to prohibiting discrimination at work on the ground of disability.

Article 2. National equality policy. In its previous comments, the Committee requested the Government to provide information on the measures and plans adopted or envisaged to combat racial discrimination, particularly against indigenous peoples, and discrimination on the other grounds set out in the Convention. Noting 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 effective and to be clearly stated, and emphasizes that measures to address discrimination in law and practice should be concrete and specific in respect of all the grounds covered by the Convention (2012 General Survey on the fundamental Conventions, paragraph 844). The Committee once again requests the Government to provide information on the specific measures and plans adopted or envisaged to combat discrimination on the basis of all the prohibited grounds of discrimination, and particularly racial discrimination, especially against indigenous peoples, including information on the effectiveness of the measures taken and the results achieved (Article 3(f) of the Convention).

Promotion of equality between men and women in employment and occupation. With regard to the impact of the measures and plans adopted to promote gender equality in employment and occupation, the Committee notes the measures adopted within the framework of the programme Iguala-Conciliación for the labour market integration of women and awareness raising on gender gaps and the concept of co-responsibility, the use of time by men and women, and the gender perspective in trade union activities. The Committee also notes that, within the framework of Act No. 20 595, a total of 657,244 women have participated in the incentive programme for the employment of women, and that SENCE has formulated programmes with the objective of providing technical training for women with a view to improving their employability. The Committee further notes the adoption of Act No. 20 820 of 20 March 2015 establishing the Ministry of Women and Gender Equity. Finally, the Committee notes the adoption of support measures for the labour market participation of women, including Act No. 20 455, which includes postnatal parental leave of six months in co-participation with the father, and Act No. 20 399 on the provision of child day-care centres in enterprises with over 20 workers. The Committee requests the Government to continue providing information, particularly on the measures adopted or envisaged within the framework of the Plan for Equality of Opportunities for Men and Women 2011–20 to increase the participation rate of women in the labour market and to reduce occupational segregation. The Committee further requests the Government to continue providing information on the implementation of the programme Iguala - Conciliación and on the specific activities undertaken by the SERNAM, and on the implementation in practice of Acts Nos 20 595, 20 455 and 20 399. The Committee also asks the Government to provide statistical data on the impact of these measures on the employment of women.

Public sector. The Committee notes the measures adopted by the Government with a view to achieving equality between men and women in the central public administration, including those relating to the application of the Code of good labour practices and non-discrimination for the central State administration. In particular, the Committee notes the information that the application of the directive on the balanced representation of men and women in managerial and executive positions achieved less progress than in other areas during the period 2006–09. The Committee notes that the situation has not developed significantly since then, as in 2014, although there were 131,630 women and 96,239 men, that ratio was not reflected in executive positions. For example, there were 66 women and 182 men in the positions higher service chiefs, 2,896 women and 4,003 men in professional executive positions, and 364 women and 823 men in non-professional executive positions. The Committee encourages the Government to take measures to examine the reasons that prevent women from gaining access to managerial positions and to continue taking specific measures with a view to ensuring equality of opportunity for men and women in access to managerial positions in the central public administration. The Committee requests the Government to provide information on any developments in this regard and to continue supplying statistical data on the occupational levels of men and women in the public sector.

Pensionable age of women. The Committee notes that the Government has not provided information on the manner in which effect is given to Legislative Decree No. 3500 of 1980, which provides that women of 60 years of age and men of 65 years of age shall be entitled to an old-age pension, and to Act No. 20255 of 2008, which included a provision in the Legislative Decree under which women over the age of 60 and under 65 who have not retired shall be entitled to an invalidity pension and the related supplement to survivors’ pensions. In this regard, the Committee notes that, according to the data of the National Socio Economic Assessment Survey (CASEN) of the Ministry of Social Development, in 2013 the participation rate of women in the labour market was 49 per cent among the age category of 55–59 years, 34.6 per cent among the category of 60–64 years and 9.5 per cent among the over 65 years category, while the rate for men was 88.1 per cent among the age category of 55–59 years, 78.1 per cent among the category of 60–65 years and 29.4 per cent among the over 65 years category. Finally, the Committee notes that the proposals contained in the final report of the Presidential Advisory Commission on the Pensions System of September 2015 include the equalization of the retirement age for men and women. The Committee once again requests the Government to provide information on the manner in which these provisions are applied in practice. It also requests the Government to provide information on the situation in relation to the proposal by the Presidential Advisory Commission on the Pensions System to equalize the retirement age for men and women.

Application in practice of the procedure for the protection of fundamental rights. The Committee notes the information provided by the Government on the court rulings issued in the context of the special procedure for the protection of the fundamental rights of workers established by Act No. 20087 and the complaints of discrimination examined between 2014 and 2015 by the labour inspectorate, which reports 3,284 complaints in 2014 and 2,912 between January and October 2015. An average of 75 per cent of the investigations of these complaints have been completed, with violations being found in 48 per cent of the cases. The Committee requests the Government to continue providing information on court rulings and administrative decisions within the context of the procedure for the protection of fundamental workers’ rights in cases of alleged labour discrimination, together with an assessment of the general operation of the procedure, including the number of complaints made within the context of the procedure, the reasons for the complaints, the outcomes and sanctions imposed.