Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Chili

Convention (n° 100) sur l'égalité de rémunération, 1951 (Ratification: 1971)
Convention (n° 111) concernant la discrimination (emploi et profession), 1958 (Ratification: 1971)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration), and 111 (discrimination in employment and occupation), together.

The Committee notes the observations of the Democratic Confederation of University Health Professionals (CONFEDEPRUS), received on 21 February 2025. The Committee requests the Government to provide its comments in this respect.

Convention No. 111 – National policy to promote equality of opportunity and treatment in employment and occupation

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation. Sex. The Committee notes that the Bill to amend section 349 of the Code of Commerce which, when adopted, will allow married women who are not covered by the full separate property regime to conclude a commercial partnership agreement without the need for special authorization from their husband, is still going through the second constitutional reading (Bulletin No. 7567-07). The Committee trusts that the amendment to section 349 of the Code of Commerce will be adopted in the near future and asks the Government to provide information in this respect.

Articles 1 to 3. National policy on equality of opportunity and treatment. Sex. Pensions. The Committee notes the information provided by the Government in its report concerning Act No. 21.735 of 2025, which establishes a new mixed pension system and a social insurance scheme in the contributory pillar, improves the guaranteed universal pension and establishes certain benefits and regulatory changes. The Committee notes with satisfaction that the Act introduces “compensation for differences in life expectancy for women”, intended to supplement women’s pensions by equalizing them with the amount they would have received had they, upon retirement, been men of the same age and family situation, with the same individual savings balance. The new Act also establishes the “benefit for years of contribution”, which grants an additional monthly payment to persons receiving old-age or invalidity pensions. This benefit is available to men and women over the age of 65 years who have 240 and 120 months of contributions, respectively.

Convention No. 100 – Principle of equal remuneration for men and women workers for work of equal value

Articles 1 and 2.Legislation. Regarding the amendment to section 62 bis of the Labour Code to incorporate fully the principle established in the Convention, the Government indicates that the Bill amending the Labour Code to improve the regulation of the principle of equal remuneration for men and women” (Bulletin No. 10.576-13), consolidated with Bills Nos 12.719-13 and 14.139-34, is going through its second constitutional reading in the Senate. The Committee notes with interest the information provided by the Government that amendments have been proposed to the Bill to strengthen the scope of the guarantee of compliance with the principle of equal remuneration, improve complaint procedures and introduce proactive and promotional measures to achieve progress towards equal remuneration for work of equal value. The Committee takes due note of the information provided and asks the Government to provide further information in this respect.

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