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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee recalls that it previously noted the observations of the National Association of Fiscal Employees (ANEF) and the Single Central Organization of Workers of Chile (CUT-Chile), received on 1, 2 and 13 September 2018. The Committee notes that the Government has not provided its comments in this regard.

Articles 1 to 4 of the Convention. Gender pay gap and the promotion of equal remuneration. The Government provides information in its report on various legislative proposals to amend section 62 of the Labour Code to establish: (1) the requirement for enterprises with over 200 workers to publish every six months a register of remuneration disaggregated by position and gender, and the requirement for enterprises with 50 or more workers to apply a gender wage gap indicator (Bulletin No. 13785-07); (2) the requirement to indicate explicitly and precisely the remuneration offered for all job vacancies (Bulletin No. 14317-13); (3) a period of three months for the worker to complain of the unjustified failure to comply with the principle of equal remuneration (Bulletin No. 7167-13); and (4) the requirement for enterprises to undertake annually an analytical appraisal of jobs as a basis for the formulation of an equal remuneration plan (revised Bulletins Nos 10576-13, 12719-13 and 14139-34). The Committee also notes the Government’s reference to the 2019 ENCLA Labour Survey, according to which 71.4 per cent of enterprises have undertaken at least one equal remuneration action, such as the analysis and description of jobs and the inclusion of equal wages in the internal policy. According to the same survey, around half of enterprises which engage in collective bargaining have included wage equality in their collective agreements. The Committee further notes that the ANEF provides information in its observations on the various measures adopted by the Government to reduce the gender wage gap, including Acts Nos 20786 and 20787, which cover, respectively, the remuneration of workers in private homes and workers who prepare food in educational establishments. The Committee refers in this regard to its comment on the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and in particular to the measures to reduce occupational segregation on grounds of gender. The Committee requests the Government to continue providing information on the measures adopted or envisaged to reduce and eliminate the remuneration gap between men and women, including any progress in the adoption of the various draft legislative texts. The Committee also requests the Government to provide statistical data disaggregated by sex on the wages received by branch of activity and occupational sector, and any other information indicating the effectiveness and results of the measures adopted for the reduction of the remuneration gap between men and women.

Article 3. Objective appraisal of jobs. The Committee notes that the ANEF indicates in its observations that, within the framework of its protocol agreement with the Government and with the support of the ILO, a pilot trial was undertaken of the evaluation of jobs from a gender perspective. It indicates that the trial, the results of which were published in 2018, has provided the basis for the development of work to promote wage equity in the public sector through social dialogue, within the framework of the recommendations of the Equal Pay International Coalition (EPIC) and the work plan agreed by the bipartite constituents with ILO support. The Committee also notes that one of the draft texts that is being examined with a view to the amendment of the Labour Code proposes to specify that “the employer shall determine remuneration structures and scales on the basis of the analysis of jobs and their description, evaluating each of them using the analytical method for the appraisal of jobs determined by the Labour Department” and that the Labour Department shall “develop a guide for the appraisal of jobs through which each employer can apply an analytical method of appraisal” (revised Bulletins Nos 10576-13, 12719-13 and 14139-34). The Committee requests the Government to provide information on any measures adopted for the establishment of a mechanism for the objective appraisal of jobs from a gender perspective, including the measures adopted following the pilot trial in the public sector.

Enforcement. The Committee notes the observations of the CUT, according to which there is a deficiency in the legislative framework governing the principle of equal remuneration due to the requirement to follow a compulsory complaint procedure with the enterprise before being able to initiate the procedure for the protection of fundamental rights. The CUT adds that such a complaint can only be brought by the person affected, and not by trade unions. The Committee observes that, in the context of the amendment of section 62 bis of the Labour Code with a view to providing for equal remuneration for work of “equal value” (Bulletin No. 9322-13), the possibility is envisaged of complaints being made by the worker or the trade union of which the worker is a member, as well as the voluntary use of the internal enterprise complaints procedure. The Committee further notes that the Government and the ANEF provide information on various court rulings on equal remuneration. The Committee requests the Government to provide information on the progress made in the adoption of Bulletin No. 9322-13 or on any other similar legislative measure.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. The Committee notes that, in response to its previous comment, the Government indicates that it seeks to review equal pay legislation and that a number of parliamentary motions are being considered. These include Bulletin No. 9322-13 (the text of which refers to equal pay for work of “equal value”) and the draft consolidating Bulletins Nos. 10576-13, 12719-13 and 14139-34 (which refers to equal pay for equal work or “work to which equal value, function or responsibility is attributed”). The Committee trusts that section 62bis of the Labour Code will be amended in the near future and that it will give full effect to the principle of equal remuneration for men and women for work of “equal value”.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1 and 2 of the Convention. Gender pay gap and gender segregation. In its previous comments, the Committee requested the Government to continue taking measures to reduce and eliminate the significant pay gap that exists between men and women, and to improve women’s access to a greater variety of employment opportunities at all levels, including in those sectors which mainly employ men. The Committee also requested the Government to continue providing up-to-date statistical data disaggregated by sex, including on wages by branch of activity and sector, as well as any other information that demonstrated the effectiveness of and results achieved by the measures adopted to reduce the pay gap between men and women. The Committee notes the Government’s information in its report on various initiatives it has carried out, mainly through the Ministry for Women and Gender Equality and the National Service for Women and Gender Equality, with a view to reducing the pay gap and improving women’s access to a greater variety of employment opportunities, including the Working Women and Heads of Household Programme, 4 to 7 Programme, Entrepreneurship and Participation Programme, and the National Office for Good Working Practices for Women in Mining. The Committee also notes the Government’s information that in 2015 it signed a Protocol Agreement with the National Association of Fiscal Employees (ANEF), which provided for an analysis and a pilot test to explore the applicability of a methodology to assess jobs with a gender perspective, proposed by the ILO. The Government also refers to the adoption of Act No. 20940, published on 21 November 2016, section 317 of which provides that the trade unions of large enterprises may request information once a year on the remuneration of men and women workers in different posts and functions. In medium-sized enterprises, trade unions may request such information prior to collective bargaining. The Committee also notes the Government’s indication that various sources of information exist for statistics on the gender pay gap and that currently the Office of the Undersecretary for Labour has three sources, namely: (i) the Labour Information System (SIL), which provides administrative statistics on persons contributing to unemployment insurance, i.e. only those employment relations governed by the Labour Code, excluding, inter alia, domestic workers, the armed forces and young persons under 18 years old; (ii) the Additional Salary Survey (ESI), a complementary module carried out within the current National Employment Survey (ENE) which compiles information on the employment income of persons classified as employed in the ENE and household income from other sources, at both national and regional level; and (iii) the National Socio-Economic Characterization Survey (CASEN), conducted by the Ministry for Social Development. The Committee therefore notes the various statistical information provided by the Government according to these different sources. According to SIL data, in 2018, the gender pay gap is 17.2 per cent, which is the same as the equivalent period in 2017. With respect to the ESI, the latest data from 2016 show that the gender pay gap was 31.7 per cent for average monthly income of all employed persons. With respect to the pay gap by branch of activity, the greatest inequality is found in the health and social services with a gap of 49.8 per cent, followed by manufacturing and commercial activities, which both have a gap of 46.5 per cent. The Committee requests the Government to continue providing information on measures adopted or planned to reduce and eliminate the pay gap between men and women, and encourages it to monitor and evaluate the impact of those measures and to provide specific information in that respect. It also requests the Government to continue providing statistical data disaggregated by sex on wages by branch of activity and sector, as well as any other information that demonstrates the effectiveness of and results achieved by the measures adopted to reduce the pay gap between men and women. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 3. Objective appraisal of jobs. In its previous comments, the Committee requested the Government to indicate which measures have been provided for or adopted in order to promote the objective appraisal of jobs, in accordance with Article 3 of the Convention, other than the requirement to draft a job description of posts in enterprises with over 200 employees, as provided for in Act No. 20348 of 2009. The Committee notes the Government’s indication that section 62bis of 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, has not been effective in regulating the existing pay gap between men and women. The Government refers to the draft law to amend the Labour Code, currently undergoing its second constitutional reading in the House of Representatives, aimed at incorporating the principle of the Convention ensuring equal remuneration for men and women for work of “equal value”, to which the Committee refers in its observation. The Government also adds that the Gender Parity Initiative, which proposes, inter alia, to highlight and reduce pay gaps by gender variables, was kept in the Government Programme 2018–22. The Committee recalls that the concept of “equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, enshrined in the Convention, requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved (and not an evaluation of the titles of these positions), undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on the fundamental Conventions, paragraphs 695 and 673). The Committee requests the Government to take measures to establish a mechanism for the objective evaluation of jobs with a gender perspective that enables a comparison of different jobs in the public sector and to promote such evaluation in the private sector, and to report on any developments in that respect.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the National Association of Fiscal Employees (ANEF), received on 1 September 2018. The Committee also notes the observations of the Single Central Organization of Workers of Chile (CUT Chile) received on 2 September 2018 and those received on 13 September 2018. The Committee requests the Government to provide its comments in this respect.

Article 1(b) of the Convention. Work of equal value. Legislation. In its previous observation, the Committee noted that various draft laws were currently before the Senate and the Chamber of Deputies aimed at amending section 62 bis of the Labour Code – which requires the employer to comply with the principle of equal remuneration for men and women for work of equal value – to incorporate the principle of the Convention and ensure equal remuneration for men and women not only in situations in which they perform “the same work”, but also in situations in which they carry out work which is different but nevertheless of equal value, and requested the Government to provide information on any developments in this respect. The Committee notes the Government’s information in its report that a draft law to amend the Labour Code as it pertains to discrimination and equal remuneration between men and women (Bulletin No. 9322-13) is currently undergoing its second constitutional reading in the House of Representatives. The Committee notes that this draft law aims to amend section 62 bis of the Labour Code to expressly set out that “the employer shall comply with the principle of equal remuneration for men and women for the same work or work of equal value”. The Committee trusts that section 62 bis of the Labour Code will be amended shortly and that it will give full effect to the principle of equal remuneration for men and women for work of equal value as set out in the Convention and requests the Government to provide information on any developments in that respect.

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

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

Articles 1 and 2 of the Convention. Gender pay gap and gender segregation. In its previous comments, the Committee requested the Government to provide statistical information disaggregated by sex, including on wages by branch of activity and on the measures adopted in the public and private sectors to remedy the gender pay gap and occupational segregation. The Committee notes the various measures adopted by the National Women’s Service (SERNAM), such as awarding the “Iguala-Conciliación” label to workplaces and initiating various programmes to increase women’s participation in the labour market, including “Working Women and Heads of Household”, “Entrepreneurship and Participation”, the “4 to 7 Programme” and “Good Working Practices of Gender Equality”.

The Committee also notes that, according to the January 2016 “Gender and Income” report by the National Statistics Institute of Chile (INE), the pay gap (average monthly wage) fell from 33.2 per cent in 2013, to 29.7 per cent in 2014. Nevertheless, there is still considerable occupational gender segregation, both vertically and horizontally. The Committee observes that, according to the report, the higher the level of education, the wider the pay gap (39.6 per cent at postgraduate level, compared with 15.5 per cent in cases where workers have not had access to education). The Committee observes, furthermore, that the pay gap by occupational level ranges from 21.5 per cent for technicians and middle-level professionals, to 34.6 per cent at the executive and managerial level of public and private enterprises, reaching 40 per cent for low-level officials and craft and trade workers. The Committee observes that the pay gap by branch of activity is considerably greater in some sectors that employ mainly women. For example, in the education sector it stands at 26.2 per cent, in health and social services at 36.3 per cent, and in domestic work at 33.9 per cent. In certain other sectors mainly employing men, the gap is also significant – for example, 31.8 per cent in commerce and 23.1 per cent in manufacturing. In the commercial sector, which employs 16.7 per cent of women and 15.4 per cent of men, the monthly pay gap is 31.8 per cent. The Committee also observes that, according to the INE report of 2015, “Women in Chile and the Labour Market: Women’s Participation Rate and Pay Gaps”, very few women reach high management positions either in public authorities or private enterprises. Only 1.5 per cent of women reach such positions, compared with 3.4 per cent of men.

With regard to occupational segregation, the Committee recalls that, due to deeply rooted attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men, and often “female” jobs are undervalued when wage rates are determined. The concept of “work of equal value” is therefore fundamental to ending occupational segregation (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 713). The Committee requests the Government to continue taking measures to reduce and eliminate the significant pay gap that exists between men and women, and to grant women improved access to a greater variety of employment opportunities at all levels, including in those sectors which mainly employ men. The Committee requests the Government to continue providing up-to-date statistical data disaggregated by sex, including on wages by branch of activity and sector, as well as any other information that demonstrates the effectiveness of and results achieved by the measures adopted to reduce the pay gap between men and women.

Article 3. Objective appraisal of jobs. Observing that the Government has not provided information on this subject, the Committee once again requests the Government to indicate which measures have been provided for or adopted in order to promote the objective appraisal of jobs, in accordance with Article 3 of the Convention, other than the requirement to draft a job description of posts in enterprises with over 200 employees, as provided for in Act No. 20348 of 2009.

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

With respect to the observations made by the Federation of Unions of Rol A Supervisors and Professionals of CODELCO Chile (FESUC) received on 14 June 2012, which indicate that CODELCO workers hired since 2010, more of whom are women than those hired previously, do not receive the same remuneration or have the same working conditions as those hired prior to 2010, the Committee will examine the Government’s reply in the framework of its examination of the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 1(b) of the Convention. Work of equal value. Legislation. In its previous comments, the Committee urged the Government to take the necessary measures to revise section 62bis of the Labour Code with a view to ensuring equal remuneration for men and women not only in situations in which they perform “the same work”, but also in situations in which they carry out work which is different but nevertheless of equal value. Noting the Government’s indication in its report that it has not amended section 62bis of the Labour Code, the Committee nonetheless observes that various draft laws aiming to amend this section to incorporate the principle of the Convention are currently before the Senate and the Chamber of Deputies. The Committee trusts that section 62bis of the Labour Code will be amended in the near future in order to give full effect to the principle of the Convention of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on any developments in this respect, particularly with regard to the stage reached in the parliamentary examination of the draft amendments to section 62bis of the Labour Code.

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

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

Gender pay gap. The Committee notes the statistical information provided by the Government. It also notes the information available in the Labour Information System (SIL 2.0). According to the statistics, women’s employment rate has risen steadily since 2010, reaching 47.2 per cent in the three months from May to July 2012. The male participation rate for the same period was 71.4 per cent. Of the 105,690 new jobs created between May 2011 and July 2012, 65.3 per cent were filled by women. Men’s unemployment rate dropped by 0.9 per cent and that of women by 1.1 per cent. The current rate of unemployment is 5.6 per cent among men and 7.8 per cent among women. The participation rate of men in the private sector (65.92 per cent) is higher than that of women (20.27 per cent), while the opposite is true in the public sector (14.5 per cent for women and 8.4 per cent for men). The Committee nonetheless observes that there is still significant occupational segregation, with men predominating in the construction and transport sectors and women in teaching and the health and social services. While the participation is more balanced in manufacturing and the hotel sector, there remains a predominance of men in the former and women in the latter. According to the Government, the wage gap has increased steadily since 2006, rising from 29 per cent to 33 per cent in 2009. Furthermore, the evaluation method has changed since 2010, which is why it cannot be included in the comparison. The Government provides no information on the current wage gap or on wages by branch of activity and by occupation. The Committee asks the Government to provide statistical information disaggregated by sex, including on wages by branch of activity and occupation together with any other information showing how the gender pay gap has evolved.

Article 2 of the Convention. Measures to promote the principle of the Convention. The Committee notes the information provided by the Government on the Good Labour Practices with Gender Equity Programme (BPLEG), the aim of which is to increase women’s participation in high-quality employment, to promote sound labour practices in enterprises by generating the conditions for more women to join the workforce and to promote a balance between work and family life. The programme also has an Internet platform addressed to small and medium-sized enterprises in order to raise awareness of gender issues. The Government also reports that the BPLEG has concluded agreements with the Confederation of Production and Commerce (CPC) and its affiliates, including the Chilean Chamber of Construction, the Confederation of Medium, Small and Micro-Enterprises of Chile (CONUPIA) and the Chilean-Spanish Chamber of Commerce (COMACOES). The aim of these agreements is to carry out joint activities to disseminate and promote gender equality in the production sectors, equal opportunities and treatment for men and women, a balance between work and family responsibilities and the integration of women in the labour market. The Government draws attention to the agreement with the Chilean Chamber of Construction as a means of combating occupational segregation. It also reports on a pilot programme to train women for the mining and electricity sectors. The Government adds that in the framework of the “IGUALA Model”, work was carried out between 2007 and 2012 with a group of large public and private enterprises to create reference models in Chile for good gender equality practices at work through the creation and voluntary application of actions, plans or programmes in areas such as hiring, career development and training, balanced representation in positions of responsibility, working conditions, protection of maternity rights and the balancing of work and family responsibilities, and the prevention and punishment of harassment at work and sexual harassment. Enterprises complying with these standards receive public acknowledgement. Some 100 agreements have been signed and 43 enterprises have implemented the Model in full and will join the 37 that obtained recognition in 2010. The Model ends in 2012 and served as the basis for National Standard NC3262-2012, a system of certification developed by the National Standardization Institute. According to the Government, the standard will enable organizations to detect and remedy breaches in the areas of equal remuneration for work of equal value, occupational segregation, family–work balance and work infrastructure and environment. Once the standard is in operation, the certification process will begin and enterprises showing sound gender equality practices in their management of human resources will receive the “IGUALA–CONCILIACION” seal. The Committee asks the Government to continue to provide information on the measures adopted by enterprises in the public sector and the private sector and the effects they have had on the application of the Convention’s principle in practice, the elimination of occupational segregation and the reduction of the gender pay gap. It asks the Government to send information in particular on the implementation of Standard NC3262-2012 and the results obtained.

Collective agreements. The Committee asks the Government to state whether there are collective agreements providing for the payment of equal remuneration for men and women for work of equal value and, if so, to provide copies.

Objective job evaluation. The Committee notes that the Government once again states that Act No. 20348 requires enterprises to produce a description of posts. The Committee observes that the Act introduces an amendment to section 154 of the Labour Code which refers to the enterprise’s “internal rules”. In enterprises with more than 200 workers, the internal rules must contain a record of the various positions or jobs in the enterprise and their salient technical characteristics. The Committee notes that, although the requirement to produce a description of posts on the basis of their characteristics constitutes progress in determining the content of each job and the levels of responsibility and the conditions in which the job is performed, this is only the first step in the process of objective job evaluation. The concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. Application of the principle laid down in the Convention allows for a broad scope of comparison including between jobs performed by men and women in different places or enterprises, or between different employers, which is often needed in the context of the persistence of occupational segregation (see General Survey on the fundamental Conventions, 2012, paragraphs 695–709). The Committee asks the Government to report on the measures adopted or envisaged in collaboration with workers’ and employers’ organizations to promote objective job evaluation in view of Article 3 of the Convention, including in enterprises with fewer than 200 employees.

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

The Committee notes the Government’s reply to the observations of the National Association of Public Employees (ANEF), the Association of Employees of the Women’s National Service (SERNAM), the College of Teachers of Chile AG, the National Confederation of Trade and Services and the Confederation of Unions in the Banking and Financial System of Chile, dated 15 September 2011, which the Committee is addressing in its examination of the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee also notes the observations of 14 June 2012 of the Federation of CODELCO Chile Supervisors and Professionals (FESUC), stating that CODELCO workers hired since 2010, more of whom are women than previously, do not receive the same remuneration or have the same working conditions as those hired prior to 2010. The Committee asks the Government to send its comments on this matter.

Work of equal value. In its previous comments the Committee referred to Act No. 20348 of 2 June 2009, inserting section 62bis into the Labour Code establishing that employers must observe the principle of equal remuneration for men and women who carry on the same work, and asked the Government to revise this provision in order to bring it into conformity with the Convention. The Committee notes that the Government refers to a document entitled Temas Laborales núm. 27, on the “right to earn the same”, produced by the Labour Directorate, which highlights the difficulties in applying Act No. 20348 and the discrepancy between the principle established in the Act and that established in the Convention and recognizes that the Act is restrictive in that it refers to the same work rather than work of equal value thus weakening protection of women’s wages. The Committee observes that the Government does not state whether any measures have been taken to amend this provision. The Committee urges the Government to take the necessary steps to revise section 62bis of the Labour Code in order to ensure equal remuneration for men and women not only in situations in which they perform equal or similar work but also in situations in which they carry out jobs which are different but which are nevertheless of equal value.

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

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

Gender remuneration gap. The Committee notes the information provided by the Government on the ministerial initiative known as the “second version of the Labour Information System (SIL 2.0)”, which will allow monitoring of the most relevant labour market figures and indicators, disaggregated by sex, age and taking into account disability. It will also provide a basis for observing and following the trajectory of average wages in the economy and of the minimum wage. The Committee asks the Government, when the Labour Information System becomes operational, to provide statistical data on the employment rate of men and women, and their respective wages by branch of activity and sector of occupation, and any other information that provides a basis for assessing trends in the gender remuneration gap.

Article 2 of the Convention. Measures adopted to promote the principle of the Convention. The Committee notes the Government’s reference to the IGUALA programme, which is used in mining enterprises, through which measures are taken to eliminate stereotypes, and incentives are provided for the recruitment of women and their promotion to decision-making positions. The Government provides statistical data on the recruitment of women in the various mining establishments and the practical measures adopted to eliminate any discrimination on grounds of gender in those establishments. However, the Committee observes that the Government has not replied to the requests made in its previous comments. The Committee therefore asks the Government to:

• (i) continue providing information on the practical measures adopted in enterprises and in the public sector, including those adopted in the context of the IGUALA programme, with a view to eliminating occupational gender segregation; and
• (ii) provide information the implementation of the triennial plan for good labour practices which the Committee noted in its previous comments.

Collective agreements. The Committee asks the Government to provide information on the collective agreements which provide for the payment of equal remuneration for work of equal value.

Objective job evaluation. The Committee notes the information provided by the Government that the Directorate of Labour, in Decision No. 1187/018 of 10 March 2010, referred to the requirement to describe the jobs existing in an enterprise, as envisaged in Act No. 20348 respecting remuneration, and considered that the “essential technical characteristics of jobs” referred to in the Act relate to the manner in which jobs have to be described, and are to be understood as distinctive characteristics of the job or function that are specific, exclusive, permanent and invariable, and on the basis of which they can be distinguished from other tasks to be performed within the enterprise. The Committee asks the Government to indicate the way in which it is ensured that such descriptions are effectively based on objective and non-sexist criteria, and do not reflect the undervaluation of work principally carried out by women. The Committee also asks the Government to provide information on any other measures adopted in collaboration with workers’ and employers’ organizations for the establishment of objective job evaluation methods.

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

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.

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

Gender remuneration gap. The Committee notes the information contained in the annual reports of the National Institute of Statistics (INE) for the period 2006–08, which do not provide statistical data on the remuneration paid disaggregated by sex. It also notes the information provided by the Government that important remuneration gaps persist in the public sector and are constantly changing (18.8 per cent in 2006 and 27.3 per cent in 2007, compared with 14.6 and 13.7 per cent respectively in the private sector). The Committee notes that remuneration gaps particularly affect women between 25 and 54 years of age, or in other words the majority of active women in the country. Moreover, with regard to data relating to the women’s employment quality index (INCEF) and the National and Regional System for Information to Monitor the Situation of Women on the Chilean Labour Market, compiled by the National Women’s Department (SERNAM) in collaboration with the University of Chile, the Committee notes the Government’s indication that studies have not been carried out on this subject. However, the Ministry of Labour (Sub-Secretariat of Labour), in collaboration with the United Nations Development Programme, is developing indicators which will provide information on the level of employability of women and the quality of the jobs in which they are engaged. The Committee requests the Government to provide fuller information on the indicators of the level of employability of women and the quality of the jobs in which they are engaged, and to provide a copy of any study or report carried out in this context. It also requests the Government to provide information on any other measure adopted to reduce the remuneration gap between men and women.

Article 2 of the Convention. Measures adopted to promote the principle of the Convention. The Committee notes the Government’s indication that the impact of the Code of Good Labour Practice and Non-Discrimination has only been evaluated for the public service as from 2009. It also notes the formulation of a new triennial plan for good labour practice in which the SERNAM envisages promoting the principle of the Convention. The SERNAM also participated in an international seminar on the payment of equal wages for work of equal value, which was also attended by the representatives of the social partners. The Committee requests the Government to provide a copy of the evaluation referred to above, as well as further information on the new triennial plan for good labour practice, and particularly the measures adopted or envisaged to promote in this context the principle of equal remuneration for men and women for work of equal value.

The Committee notes the adoption of Act No. 20.267 of 6 June 2008 creating the national system for the certification of vocational skills and the improvement of training and employment status. It notes that the objective of this system is to act as a model with a view to improving the quality and relevance of vocational training, optimizing the effectiveness of mediation procedures and promoting lifelong learning by workers, the recognition of such learning and its value. It further notes that the National Training and Employment Service (SENCE) has established the programme “Iguala.cl” with a view to improving the participation and situation of women in the leading sectors of the national economy by promoting the principle of non-discrimination. The Committee requests the Government to provide information on the impact of the measures described above on the application of the Convention in practice and on the remuneration gaps between men and women identified in the public and private sectors. The Committee also requests the Government to provide information on any initiative undertaken in collaboration with employers’ and workers’ organizations to improve knowledge and the application of the provisions of the Convention.

Collective agreements. The Committee once again requests the Government to provide information on the measures adopted or envisaged 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.

Objective job evaluation. The Committee notes that Act No. 20.348 of 2 June 2009 amends section 154(6) of the Labour Code, which now provides that enterprises employing 200 or more workers shall maintain a register of the various tasks and functions in the enterprise and their essential technical characteristics. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that the enterprises concerned, when analysing the various tasks and functions and technical characteristics, have recourse to objective criteria that are free from gender bias and that particular attention is afforded to the so-called “feminine” elements of jobs, which are often undervalued. The Committee also requests the Government to provide information on any other measures adopted, in collaboration with workers’ and employers’ organizations, to develop methods for the objective evaluation of jobs and to encourage their use with a view to the effective application of the principle of equal remuneration for men and women for work of equal value.

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

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.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2, paragraph 2(a), of the Convention. In its comments in 2003, the Committee invited the Government to consider including in its legislation the principle set out in the Convention. The Committee considered that section 2 of the Labour Code is related to the application of the principle of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), but does not necessarily reflect the principle of equal remuneration for men and women for work of equal value. The Committee trusts that the Government will take the necessary measures to include the principle set out in the Convention in the national legislation.

2. Statistical information. From the information provided by the Government in its report on Convention No. 111, the Committee notes the Government’s indication that, based on an analysis of the data of the “Casen” Survey of 2003, it has been observed that wage discrimination against women has decreased in recent years and that it now lies slightly above 25 per cent. The Committee notes the 2004 Labour Survey, which shows that women are concentrated in the lowest remuneration categories in comparison with men, and that there are fewer women in the higher categories. The Committee notes that the National Women’s Department (SERNAM) has established, with the University of Chile, a national and regional system of information and monitoring for women in the Chilean labour market, which includes, in relation to remuneration, the type and degree of discrimination, the comparative distribution of remuneration between men and women and the quality index of women’s employment (INCEF), thereby providing systematic annual information and the monitoring of changes in the pattern of sex‑based remuneration. The Committee trusts that the Government will continue to provide up to date statistical information in future reports and asks it to supply information on the application in practice of the national and regional system referred to above and on any findings, as well as the data acquired from INCEF in relation to the principle set out in the Convention.

3. Article 2, paragraph 1. From the information provided in the report on Convention No. 111, the Committee notes the Government’s indication that a series of initiatives have been launched to raise awareness in public opinion concerning the importance of giving effect to the principle set out in the Convention. These include the incentive for private enterprises to apply objective remuneration policies and systems through the “Prize for good gender equity practices”. The Committee asks the Government to continue providing information on the measures adopted or envisaged to reduce the wage gap between men and women workers and on their impact in practice.

4. Article 2, paragraph 2(c). The Committee reiterates its 2003 request to the Government for information on the measures adopted or envisaged to ensure that collective agreements are in conformity with the national legislation and to apply the principle of equal remuneration for men and women for work of equal value.

5. Article 4. The Committee also reiterates its 2003 request to the Government for information on cooperation with employers’ and workers’ organizations for the purpose of improving the application and raising awareness of the provisions of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that, according to the statistical data for 2000, the participation rate of women in the labour market (38.6 per cent) is much lower than that of men (73.2 per cent). It also notes that the wage gap increases significantly the higher the age of women. The Committee notes that the average remuneration of women by occupational category or group for 2000 and 2001 is 62.7 per cent of that of men for managerial personnel; 76.3 per cent for professionals; 74.88 per cent for self-employed workers; 85.35 per cent for salaried employees and wage earners; 85.04 per cent for the armed forces and the police; and 85.45 per cent for domestic workers. The wage gap therefore only narrows for lower level occupational categories or groups with less responsibility. The Committee trusts that the Government will continue to provide updated statistical information in its next reports.

2. The Committee notes the Government’s statement in its report that the amendment of sections 2 and 5 of the Labour Code by Act No. 19.759 of 5 October 2001, prohibiting discrimination in employment and occupation, gives effect, in both administrative and jurisdictional terms, to the principle of equal remuneration for men and women workers for work of equal value. The Committee considers that section 2 of the Labour Code is more related to the application of the principle of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and although this reform admittedly contributes to the application of the principle set out in Article 2, paragraph 1, of the Convention, it does not necessarily reflect it in full. In view of the above the Committee invites the Government to consider the possibility of including in its legislation in the near future the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee notes the existence of a report of the Department of Research and Statistics of SERNAM, entitled "Survey of remuneration and labour costs, by gender", which analyses the factors that influence the recruitment of men and women and the quality of jobs they obtain. The report refers to a wage gap between men and women workers of over 30 per cent on average in favour of men, which, in addition to wage discrimination against women, reflects a series of socio-cultural circumstances which make it more difficult for them to obtain higher quality jobs. The Committee would be grateful if the Government would supply a copy of this publication and provide information in its next report on the measures adopted or envisaged to reduce the wage gap between men and women workers. As concerns access to jobs, the Committee also refers to its comments under Convention No. 111.

4. The Committee reiterates its previous request to the Government to provide information on the manner by which it ensures that collective agreements are in conformity with the national legislation and apply the principle of equal remuneration for men and women workers for work of equal value.

5. The Committee also once again asks the Government for information on the cooperation of employers’ and workers’ organizations for the purpose of raising awareness and improving application of the provisions of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information and statistical data provided by the Government in its report.

1. The Committee notes that, according to the statistical data for 2000, the participation rate of women in the labour market (38.6 per cent) is much lower than that of men (73.2 per cent). It also notes that the wage gap increases significantly the higher the age of women. The Committee notes that the average remuneration of women by occupational category or group for 2000 and 2001 is 62.7 per cent of that of men for managerial personnel; 76.3 per cent for professionals; 74.88 per cent for self-employed workers; 85.35 per cent for salaried employees and wage earners; 85.04 per cent for the armed forces and the police; and 85.45 per cent for domestic workers. The wage gap therefore only narrows for lower level occupational categories or groups with less responsibility. The Committee trusts that the Government will continue to provide updated statistical information in its next reports.

2. The Committee notes the Government’s statement in its report that the amendment of sections 2 and 5 of the Labour Code by Act No. 19.759 of 5 October 2001, prohibiting discrimination in employment and occupation, gives effect, in both administrative and jurisdictional terms, to the principle of equal remuneration for men and women workers for work of equal value. The Committee considers that section 2 of the Labour Code is more related to the application of the principle of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and although this reform admittedly contributes to the application of the principle set out in Article 2, paragraph 1, of the Convention, it does not necessarily reflect it in full. In view of the above the Committee invites the Government to consider the possibility of including in its legislation in the near future the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee notes the existence of a report of the Department of Research and Statistics of SERNAM, entitled "Survey of remuneration and labour costs, by gender", which analyses the factors that influence the recruitment of men and women and the quality of jobs they obtain. The report refers to a wage gap between men and women workers of over 30 per cent on average in favour of men, which, in addition to wage discrimination against women, reflects a series of socio-cultural circumstances which make it more difficult for them to obtain higher quality jobs. The Committee would be grateful if the Government would supply a copy of this publication and provide information in its next report on the measures adopted or envisaged to reduce the wage gap between men and women workers. As concerns access to jobs, the Committee also refers to its comments under Convention No. 111.

4. The Committee reiterates its previous request to the Government to provide information on the manner by which it ensures that collective agreements are in conformity with the national legislation and apply the principle of equal remuneration for men and women workers for work of equal value.

5. The Committee also once again asks the Government for information on the cooperation of employers’ and workers’ organizations for the purpose of raising awareness and improving application of the provisions of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the statistics supplied by the Government concerning the distribution of workers according to wage brackets. These reveal that 56.1 per cent of women workers earn an amount between the minimum wage and twice the minimum wage, while the percentage of men in this group is 40.9 per cent. They also show that 36.9 per cent of men earn more than three times the minimum wage, while only 25.2 per cent of women workers are in this higher income bracket. In addition, the Committee observes that, at the request of the National Women’s Department (SERNAM), the National Institute of Statistics (INE) broke down the results of the survey on wages and labour costs by sex, the results of which show that women’s monthly earnings represent 68.9 per cent of the level earned by men. According to the branch of economic activity, in the mining industry women earn an average of 60.2 per cent of men’s average wage, in the construction industry the corresponding figure is 65.7 per cent, in commerce 68.3 per cent, in financial services 70.5 per cent and in industry 71.3 per cent. Furthermore, the national employment survey carried out by INE shows that the highest concentration of women in the labour market is in public utility services (54 per cent) and in the commercial sector, where the figure is 45.6 per cent. The Committee invites the Government to provide information on the measures taken or envisaged to promote equal remuneration for men and women workers for work of equal value, and specifically concerning the following: (a) measures envisaged to reduce disparity; (b) the ways in which the Government ensures that women occupy posts which are better paid and have a high degree of responsibility and decision-making; and (c) measures aimed at preventing the professional categories for which women are recruited from being those connected with tasks traditionally performed by women.

2. The Committee notes Act No. 19611 of 9 June 1999 amending the Constitution and establishing legal equality between men and women. The Committee observes that the Government has not made any statement regarding the possibility of giving effect in national law to the provisions of Article 2, paragraph 1, of the Convention, in order to ensure that the principle of equal remuneration for men and women workers for work of equal value is applied to all workers. The Committee also observes that in the draft Act amending the Labour Code of 16 November 2000 it is not envisaged that any provision be introduced in this regard. The Committee recalls that, although there is no general obligation to promulgate legislation under the Convention which upholds this principle, since the latter can also be applied by other means provided for by Article 2, doing so is one of the most effective methods for ensuring that this principle is upheld.

3. The Committee notes the information concerning the implementation of section 41 of the Labour Code and of the jurisprudence interpreting this provision.

4. With regard to its previous comments, the Committee asks the Government to provide information on the measures adopted to promote and ensure the application of the principle of equal remuneration for men and women workers for work of equal value, in conformity with Article 2, paragraph 1, including the dissemination of information on the rights of men and women workers with respect to equal remuneration, and cooperation with employers’ and workers’ organizations in conformity with Article 4.

5. The Committee notes the Government’s statement that there is no obligation on employers to send a copy of collective agreements to the Labour Department or to the Labour Inspection Department, which is why the Government is unable to send copies of the collective agreements between workers and employers which are in force in enterprises. The Committee asks the Government to provide information on the means at the Government’s disposal to ensure that collective agreements are in line with national law and that the principle of equal remuneration for work of equal value is applied, as laid down in the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report.

1. The Committee notes the statistics supplied by the Government concerning the distribution of workers according to wage brackets. These reveal that 56.1 per cent of women workers earn an amount between the minimum wage and twice the minimum wage, while the percentage of men in this group is 40.9 per cent. They also show that 36.9 per cent of men earn more than three times the minimum wage, while only 25.2 per cent of women workers are in this higher income bracket. In addition, the Committee observes that, at the request of the National Women’s Department (SERNAM), the National Institute of Statistics (INE) broke down the results of the survey on wages and labour costs by sex, the results of which show that women’s monthly earnings represent 68.9 per cent of the level earned by men. According to the branch of economic activity, in the mining industry women earn an average of 60.2 per cent of men’s average wage, in the construction industry the corresponding figure is 65.7 per cent, in commerce 68.3 per cent, in financial services 70.5 per cent and in industry 71.3 per cent. Furthermore, the national employment survey carried out by INE shows that the highest concentration of women in the labour market is in public utility services (54 per cent) and in the commercial sector, where the figure is 45.6 per cent. The Committee invites the Government to provide information on the measures taken or envisaged to promote equal remuneration for men and women workers for work of equal value, and specifically concerning the following: (a) measures envisaged to reduce disparity; (b) the ways in which the Government ensures that women occupy posts which are better paid and have a high degree of responsibility and decision-making; and (c) measures aimed at preventing the professional categories for which women are recruited from being those connected with tasks traditionally performed by women.

2. The Committee notes Act No. 19611 of 9 June 1999 amending the Constitution and establishing legal equality between men and women. The Committee observes that the Government has not made any statement regarding the possibility of giving effect in national law to the provisions of Article 2, paragraph 1, of the Convention, in order to ensure that the principle of equal remuneration for men and women workers for work of equal value is applied to all workers. The Committee also observes that in the draft Act amending the Labour Code of 16 November 2000 it is not envisaged that any provision be introduced in this regard. The Committee recalls that, although there is no general obligation to promulgate legislation under the Convention which upholds this principle, since the latter can also be applied by other means provided for by Article 2, doing so is one of the most effective methods for ensuring that this principle is upheld.

3. The Committee notes the information concerning the implementation of section 41 of the Labour Code and of the jurisprudence interpreting this provision.

4. With regard to its previous comments, the Committee asks the Government to provide information on the measures adopted to promote and ensure the application of the principle of equal remuneration for men and women workers for work of equal value, in conformity with Article 2, paragraph 1, including the dissemination of information on the rights of men and women workers with respect to equal remuneration, and cooperation with employers’ and workers’ organizations in conformity with Article 4.

5. The Committee notes the Government’s statement that there is no obligation on employers to send a copy of collective agreements to the Labour Department or to the Labour Inspection Department, which is why the Government is unable to send copies of the collective agreements between workers and employers which are in force in enterprises. The Committee asks the Government to provide information on the means at the Government’s disposal to ensure that collective agreements are in line with national law and that the principle of equal remuneration for work of equal value is applied, as laid down in the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report and attached statistical information.

1. The figures provided by the Government for 1993 indicate that significant salary differentials remain between men and women, with women workers consistently earning less than men. The wage gap widens with age, with younger women (25-29) earning 83 per cent of men's average monthly wage and women between the ages of 30 and 65 earning between 57 and 69 per cent of men's average monthly wage. The greatest disparity is found in the 45-54 age group, where women earn an average of 57 per cent of men's average monthly salary. Women professionals/technicians earned 55.5 per cent of the corresponding wage for men in 1993; women managers/supervisors earned 48 per cent of the wages earned by their male counterparts. The Committee notes this information and asks the Government to continue to supply relevant statistical data, including detailed information on the measures it is taking or contemplates taking to reduce the existing wage gap.

2. The Committee takes due notice of the Government's statements contained in this and in past reports that the application of the principle of the Convention is ensured in article 19 of the Constitution and section 2 of the Labour Code. The Government also cites Acts Nos. 18.834 and 18.883 which regulate labour relations between the Government and public sector employees and between municipal governments and their employees, respectively. The Commission notes that the provisions cited in the report refer generally to equality before the law. The Government again states that there are no legislative provisions that conflict with the Convention but that, if there were, they would conflict with the Chilean Constitution and would be declared inapplicable in an action brought before the Supreme Court of Justice under article 80 of the Constitution. The Committee recalls that court decisions based upon constitutional provisions considered to be self-executing have in some countries played an important role in applying the principle of the Convention (see General Survey on equal remuneration, ILO, 1986, paragraph 38). Thus far, the jurisprudence provided by the Government addresses general questions of equality before the law. In a country where the Constitution remains the basis for application of the Convention, general provisions in the Constitution may be supplemented by an additional legislative provision expressing the principle of equal remuneration for men and women workers for work of equal value (see General Survey, paragraph 39). Accordingly, the Committee asks the Government to indicate whether it contemplates giving legislative expression to the language of Article 2, paragraph 1, of the Convention.

3. The Committee notes that section 41 of the Labour Code excludes a number of benefits from its definition of remuneration, including family allowances, moving allowances, travel allowances, allowances for wear and tear on tools and for food expenses. The Committee recalls that the definition of remuneration under the Convention is couched in the broadest possible terms, seeking to ensure that equality is not limited to the basic wage. Article 1, paragraph (a), includes the ordinary, basic or minimum wage or salary, and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment (see General Survey on equal remuneration, ILO, 1986, paragraphs 14 to 16). The Committee requests the Government to provide information on the application of section 41 of the Labour Code, including copies of any jurisprudence interpreting this provision.

4. The Government indicates that there have been no equal pay cases where an employer has been found to have engaged in salary discrimination on the basis of gender, nor have employers' or workers' organizations complained of discriminatory practices in the area of equal remuneration. The Government is asked to provide full information in its next report on the measures taken to promote and ensure the application of the principle of equal remuneration for men and women workers for work of equal value in accordance with Article 2, paragraph 1, including disseminating information regarding the rights of men and women workers to equal pay, and cooperating with employers' and workers' organizations within the meaning of Article 4.

5. The Government again indicates, in response to the Committee's repeated requests, that it does not have access to either the collective agreements or statistics sought. The Government is again asked to supply this material and, in any event, to supply information on the progress made by the Council of Women and the Ministry of Labour in their efforts to update relevant statistics.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its report and the annexes included and, in particular, the study dated March 1995 on "Difference between women's and men's wages in Chile: 1990-1993" prepared by the Servicio Nacional de la Mujer (SERNAM) which shows a decrease in the gap between women's and men's wages (73.1 per cent in 1990 and 77.9 per cent in 1993).

1. In its previous direct requests, the Committee requested the Government to indicate the manner in which, and the provisions by which, it ensures the application of the principle of equal remuneration for men and women workers for work of equal value, in accordance with the Convention. The Government referred to article 19(16) of the Constitution and section 2 of the Labour Code as applying the above principle; however, the Committee has already noted that these provisions only refer in a general manner to the principle of equal treatment. The Government once again states that there are no provisions in legal instruments which go against the Convention but that, if there were any, they would be contrary to the Political Constitution and that an appeal of non-applicability for reasons of unconstitutionality of the legal matter in question would be brought before the Supreme Court of Justice as provided in article 80 of the Constitution. The Committee refers to paragraph 38 of its General Survey of 1986 on equal remuneration, where it addressed the question of the direct applicability of constitutional guarantees. In that paragraph, the Committee referred to the importance of court decisions based on self-executing provisions in applying the Convention. Accordingly, the Committee requests the Government to inform it of the jurisprudence handed down by the tribunals responsible for the application of the constitutional provisions on the subject.

2. The Committee has asked repeatedly to be sent copies of collective agreements which illustrate the manner in which wages that are higher than the minimum are fixed in the various sectors of the economy, perhaps by calling on the assistance of employers' or workers' organizations. Furthermore, it requested the Government to supply statistics indicating the proportion of women covered by collective agreements and the distribution of men and women workers at the various levels covered by the agreements. The Committee notes once again the Government's statement that it does not have at its disposal copies of such collective agreements or of the statistics requested. Noting that, according to an ILO publication of 1994 entitled "Equality of opportunity for women in the 1990s" the Council for Women concluded agreements with the Ministry of Labour, along with joint plans of action, in order to carry out activities in the area of equal employment, in particular, the updating of statistics, the Committee requests the Government to supply information on this activity.

3. The SERNAM study mentioned above shows clearly that women's wages are lower than men's in almost all branches of economic activity, particularly in industry and finance in which they barely exceed 50 per cent of the men's wage. These are precisely the branches where there has been the largest increase in women's employment between 1990 and 1993. The study concludes that there is no single simple explanation for wage differences between men and women. They are due partly to clear practices of discrimination in the workplace. But they are also the results of other less closely related circumstances such as the different value given to men's and women's occupations or the educational and labour options which women take on the basis of the many traditional features of Chilean society. Inequality of income between men and women is less acute in the salaried segment and there, the situation has been improving for women. This is where the majority of salaried women workers are found but incomes are lower and have increased less than in the other occupational categories such as the self-employed and employers. Incomes of the self-employed have increased most but the difference between men and women is greater and becoming larger.

4. In view of the recent information analysed in this study, the Committee recalls that a State which has ratified the Convention must promote and guarantee the application of the principle of equal remuneration as provided in Article 2, paragraph 1, of the Convention. Please forward detailed information on the methods the Government intends to use to improve the application in practice of the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report.

1. In its previous direct requests, the Committee requested the Government to indicate the manner in which and the provisions by which it ensured the application of the principle of equal remuneration for men and women workers for work of equal value, in accordance with the Convention. The Government merely refers once again to article 19(16) of the Constitution and section 2 of the Labour Code as applying the above principle; however, the Committee had noted that these provisions only refer in a general manner to the principle of equal treatment. The Committee notes the Government's statement that the employment services have not been notified of judicial rulings which are relevant to this matter. It once again requests the Government to inform it of the measures taken or envisaged to bring the legislation into conformity with the Convention in a sufficiently explicit form so that in practice the workers concerned are not obliged to resort to the labour courts or seek protection from the courts of justice against violations of these constitutional provisions.

2. The Committee notes the Government's statement that it does not have at its disposal copies of collective agreements which illustrate the manner in which wages that are higher than the minimum are fixed in the various sectors of the economy. The Committee again asks the Government to supply copies of a number of such agreements, perhaps by calling on the assistance of employers' or workers' organizations. Furthermore, it requests the Government to supply statistics indicating the proportion of women covered by collective agreements and the distribution of men and women workers at the various levels covered by the agreements.

3. The Committee takes note of Legislative Decree No. 90, issued by the Ministry of Finance. It notes that, from a reading of this text, certain other texts are necessary for an overall interpretation of the Decree; Legislative Decree No. 1608 of 1976, and the Regulations respecting qualifications referred to in section 6 of the Decree, and the single wage scale. The Committee therefore requests the Government to supply copies of these texts with its next report.

4. The Committee refers to the "Summary of Labour News No. 21", of 26 June 1992, distributed by the Permanent Mission of Chile to the international organizations in Geneva, in which reference is made to a study which is being undertaken on "the economic participation of women in Chile", by a group of specialists under the auspices of the National Women's Department. The Committee notes that there is a lack of detailed statistics on the remuneration of women workers and that the Government confines itself to replying that the National Statistical Institute does not disaggregate its data by sex or distinguish between men and women in its work. The Committee requests the Government to supply a copy of the above study with its next report in the hope that it will shed light on the application of the principle set out in the Convention. It also requests the Government to supply statistics on wage rates and the average incomes earned by men and women workers, by occupation, economic sector, seniority and level of qualifications, with an indication of the corresponding percentage of women.

5. In its report the Government refers to the information supplied in 1992 in the report concerning Convention No. 63. The Committee notes that no statistics were attached to the above report, which contains information on the implementation, starting in 1992, of a project to improve the compilation of statistics and their analysis. The Committee therefore refers to the comments which it is making concerning Convention No. 63.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has noted the information supplied by the Government in its report in response to the Committee's direct request of 1990.

1. The Committee had asked the Government to indicate how and under what provisions the application of the principle of equal remuneration for men and women workers for work of equal value was ensured in accordance with the Convention, in view of the fact that the new Labour Code (unlike the Code previously in force) contained no formal provision to that effect. In its reply, the Government refers in detail to section 19(16) of the Constitution and section 2 of the Labour Code and states that these provisions ensure the application of the principle enunciated in the Convention. The Committee notes that section 19(16) of the Constitution and section 2 of the Labour Code refer only in general terms to the principle of equal treatment. The Committee asks the Government to supply examples of judicial decisions according to which the aforementioned provisions should be construed as requiring equal remuneration for men and women workers for work of equal value. Failing such judicial decisions, the Committee asks the Government to inform it of such measures as may be taken or contemplated to bring national law into harmony with the Convention.

2. The Committee notes the Government's statement that the benefits and allowances arising out of the worker's employment and not constituting remuneration, for which provision is made in section 40, subsection 2, of the Labour Code, are provided under the same conditions to men and women who perform work of equal value, without discrimination as to sex. The Government also states that labour relationships embody the principle of freedom of contract and that consequently rates of remuneration higher than the minimum are fixed both individually and collectively by the contracting parties. The Committee asks the Government to supply in its next report the texts of collective agreements fixing the level of wages in the various sectors of activity and, if possible, the proportion of women covered by such collective agreements and the distribution of men and women at the various levels.

3. The Committee takes note of the Government's statement that the remuneration and benefits of officials of the public administration of the Congress and the Judicial Power and of the men and women workers of state undertakings and institutions not covered by the Labour Code are fixed on the basis of a single scale of remuneration comprising 31 different grades according to the qualifications required (knowledge, experience, professional diploma, etc.), and that Legislative Decree No. 90 of the Ministry of Finance prescribes the grades in the single scale of remuneration and the qualifications required for each grade. The Committee asks the Government to supply the text of Legislative Decree No. 90 of the Ministry of Finance (which was not transmitted with the report), stating the proportion of men and women at the various levels.

4. The Committee asks the Government to supply the statistical data concerning wage rates and the average incomes earned by men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information supplied by the Government in its reports received in 1988 and 1989, and notes with interest that the new Labour Code, adopted in 1987, provides in section 2 that any discrimination, exclusion or preference based, among other grounds, on sex is contrary to the principles of the labour legislation.

2. The Committee also notes that under the Labour Code, wages may be determined by individual contracts or by collective agreements, but that their rates may not be lower than the minimum statutory rate. The Committee requests the Government to indicate how and under which provisions the application is ensured of the principle of equal remuneration for men and women workers for work of equal value, in accordance with the Convention, in view of the fact that the new Labour Code (unlike the Code that was previously in force) contains no formal provision to this effect.

3. The Committee also notes that sections 40 and 41 of the new Labour Code contain a definition of the term "remuneration" but that the second subsection of section 40 excludes from this definition certain benefits and allowances arising out of the worker's employment and paid directly or indirectly by the employer (such as family allowances, seniority allowances, travel expenses, etc.). The Committee refers in this connection to Article 1(a) of the Convention, and to paragraphs 14 to 17 of its 1986 General Survey on Equal Remuneration, and requests the Government to indicate whether these benefits are provided under the same conditions to men and women who perform work of equal value, in accordance with this Article of the Convention.

4. The Government states in its report that it was not necessary to take special measures to facilitate the application in practice of the principle set out in the Convention since discrimination does not exist in the country between men and women as regards their remuneration. The Committee notes this statement. It wishes, however, to point out that the principle of the payment of remuneration to men and women on the basis of the value of their work necessarily implies the adoption of a technique for an objective appraisal and comparison of the relative value of the work performed and that, moreover, this technique is essential for determining whether jobs of a different nature nevertheless have the same value for the purposes of remuneration, in accordance with the principle set out in the Convention (please refer in this connection to paragraphs 138 to 150 of the 1986 General Survey). The Committee would therefore be grateful if the Government would indicate the methods and criteria on which wages in excess of the statutory minimum are determined and, in particular, wages that are established by individual contracts or collective agreements. Please also supply copies of some of the most recent agreements and, in particular, those applicable in sectors employing a significant proportion of women.

5. As regards the public sector, the Committee notes Act No. 18647 of 1987 readjusting remuneration in this sector and requests the Government to indicate the methods and criteria used as a basis for establishing remuneration, and to state how, in law and in practice, the principle of equal remuneration for work of equal value is applied to employees in the public administration, the national Congress and the judicial authorities, as well as to employees in state enterprises and institutions who are not covered by the Labour Code.

6. The Committee also requests the Government to supply information on how co-operation is ensured, in practice, with employers' and workers' organisations in order to give effect to the provisions of the Convention (Article 4).