Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Chile

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1971)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1971)
Workers with Family Responsibilities Convention, 1981 (No. 156) (Ratification: 1994)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration), 111 (discrimination in employment and occupation) and 156 (workers with family responsibilities) 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.

Part I. Conventions Nos 100 and 111

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

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation.Race, colour and national extraction. The Committee notes the Government’s indication in its report that no progress has been made in the legislative process of the adoption of the Bill to amend Act No. 20.609 establishing measures against discrimination (Bulletin No. 13.867-17). It also notes the Government’s indication that the prohibited grounds of discrimination set out in section 2 of Act No. 20.609 are not exhaustive, and that they are supplemented by section 2 of the Labour Code, which explicitly identifies as acts of discrimination any distinction, exclusion or preference based on, among other grounds, “colour” and “national extraction”. In this regard, the Committee notes that section 2 of Act No. 20.609 defines arbitrary discrimination as “any distinction, exclusion or restriction that lacks reasonable justification, made by State agents or private individuals, which causes deprivation, disturbance or threat in the legitimate exercise of the fundamental rights established in the Political Constitution of the Republic or in international human rights treaties ratified by Chile and which are in force, particularly when based on grounds such as (…).” The Committee notes this information.

Sex. Sexual harassment. The Committee notes with interest the information provided by the Government on the entry into force of Act No. 21.643 of 2024 amending the Labour Code and other legal instruments in respect of the prevention, investigation and punishment of work-related harassment, sexual harassment and violence at work (the Karin Act). In this regard, the Government indicates that the Act amends section 2 of the Labour Code, by defining sexual harassment as “conduct by which a person, improperly and by any means, makes demands of a sexual nature without the consent of the recipient and that threaten or harm their employment status or employment opportunities”, explicitly including violence by third parties outside the employment relationship. The Committee also notes the adoption of Presidential Decree No. 21 of 2024, which establishes the guidelines to be followed in procedures for investigating sexual harassment, work-related harassment or violence at work, and Circular No. 3813 of 2024 of the Social Security Supervisory Authority, which establishes requirements for employers relating to prevention and victim support, including the mandatory preparation and incorporation of prevention and investigation protocols in internal rules. The Committee further notes that between 2024 and 2025, 476 complaints were recorded that were legally classified as violations of fundamental rights relating to sexual harassment, and that, according to information from the Labour Directorate, 2,117 inspections were carried out and 933 fines imposed during the same period, without specifying whether the cases concerned work-related harassment, sexual harassment or violence by third parties.

The Committee observes that the definition of sexual harassment introduced by Act No. 21.643 may be more restrictive than that provided for in the Convention, which covers both quid pro quo and hostile work environment sexual harassment (see para. 789 of the 2012 General Survey on the fundamental Conventions). The Committee also notes the observations of CONFEDEPRUS, according to which the Karin Act leaves gaps in the Administrative Regulations with respect to safeguards governing investigation procedures. The Committee asks the Government to provide information on the application in practice of section 2 of the Labour Code, in particular on cases of sexual harassment in both of the above forms.

Articles 1(1)(b), 2 and 3(b). Other prohibited grounds of discrimination. Legislation. Sexual orientation and gender identity. The Committee notes the information provided by the Government indicating that between 2020 and 2025: (1) 192 complaints relating to sexual orientation and gender identity were lodged with the Labour Directorate; (2) 184 inspections were carried out on this subject by the Labour Directorate; and (3) 190 cases were investigated, with 89 violations identified. It also indicates that the “Place of Respect Agenda” has been promoted, which includes a circular of the Social Security Supervisory Authority explicitly recognizing discrimination based on sexual orientation and gender identity as a form of violence, a pilot training programme on care with a diversity perspective, a good practice guide for public services, and a plan for the preferential inclusion of trans and non-binary persons undertaking vocational placements in the public sector. The Committee notes this information.

Articles 1 to 3. National policy on equality of opportunity and treatment. Sex. The Committee notes with interest the information provided by the Government on the adoption of various legislative and public policy measures aimed at eliminating gender discrimination in employment and occupation and promoting shared social responsibility for care. In particular, the Committee notes: (1) Act No. 21.561 of 2023, which gradually reduces the working week to 40 hours and includes provisions to facilitate the balancing of work and family life, such as flexible starting and finishing time bands for mothers, fathers and other caregivers; (2) the Chile Childcare Bill, currently under examination, which aims to guarantee universal access to childcare services and eliminate a structural source of labour discrimination against women; (3) Act No. 21.645 of 2023 on the balancing of personal, family and working life, which grants preferential rights to teleworking and amends the regulations on leave and shifts for those with caregiving responsibilities, as well as establishing an observatory to monitor its implementation; and (4) initiatives aimed at increasing women’s representation in economic decision-making spaces, such as the “More Women on Boards” programme, which establishes a recommended maximum quota of 60 per cent for the overrepresented sex on the boards of enterprises regulated by the Financial Market Commission. Regarding Act No. 21.645, the Committee notes the observations of CONFEDEPRUS indicating that other safeguards promoting work–life balance, such as flexible working hours and schedules, and the inclusion of public sector workers in the reduction of the working week to 40 hours, have yet to be regulated. The Committee asks the Government to provide information on the impact of the new laws and policies adopted on the employment and occupation of men and women.

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

Articles 1 to 4. Gender pay gap. The Committee notes that various bills intended to strengthen pay transparency and compliance with the principle of equal remuneration are currently under examination. The Committee also takes note of the information provided by the Government on the policies and initiatives implemented, including the Good Labour Practices with Gender Equality Programme, which provides technical assistance to public and private sector organizations for the adoption of management systems with an equal pay focus; the Women’s Employment Bonus, aimed at improving the incomes and labour market participation of women belonging to the 40 per cent most vulnerable households; and the Women Heads of Household Programme, which seeks to strengthen women’s economic autonomy and their labour market retention.

In relation to the activities carried out by the labour inspectorate on the application of Act No. 20.348 on equal remuneration, the Government indicates that between 2022 and 2024: (1) 63 complaints were received, mainly in the wholesale and retail trade, financial and insurance activities, and teaching; (2) the main issues reported concerned the absence of a register of jobs or functions in enterprises with 200 workers or more, the lack of complaint procedures in internal rules and violations of the right to non-discrimination in pay on the basis of sex; and (3) the most frequent violations were recorded in wholesale and retail trade (47), accommodation and catering (19) and administrative and support services (20). The Committee further notes the study by the Labour Directorate, “Gender Pay Gap in Large Enterprises”, based on administrative data from private enterprises with 200 or more workers, the results of which show that women earn on average 28.7 per cent less than men, a difference that persists even when factors such as age, seniority, type of contract and working hours are taken into account. The Committee notes the indication by CONFEDEPRUS that: (1) according to data from the National Employment Survey conducted in 2023, women earned on average 20 per cent less than their male counterparts for similar work; and (2) based on a study by the Inter-American Development Bank, the pay gap is exacerbated by women’s low participation in leadership and decision-making positions. Finally, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended that the State party effectively enforce the principle of equal remuneration for work of equal value in order to narrow and eventually close the gender pay gap by assisting employers in submitting their gender pay gap data to the authorities and making voluntary efforts to close the gap, with a view to better understanding the reasons for the gender pay gap and gender pension gap (CEDAW/C/CHL/CO/8, 31 October 2024, para. 36). The Committee asks the Government to continue providing information on the measures taken or envisaged to reduce and eliminate the gender pay gap, particularly in the sectors reporting the highest number of violations and complaints, as well as any progress made in the adoption of the Bills referred to above.

Articles 1 and 2. Principle of equal remuneration for men and women for work of equal value.Article 3. Methods for the objective appraisal of jobs. The Committee notes the information provided by the Government, according to which: (1) Chile joined the Equal Pay International Coalition (EPIC) in 2024; and (2) the Good Labour Practices with Gender Equality Programme provides technical assistance to public and private sector organizations for the adoption of management systems with an equal pay perspective and for the reduction of gender gaps in employment. The Committee observes that consolidated bills Nos 10576-13, 12719-13 and 14139-34 are going through the second constitutional reading in the Senate. The Committee requests the Government to provide information on: (i) whether joining EPIC or the activities carried out under the Good Labour Practices Programme have had an impact or given rise to initiatives aimed at developing or applying objective methods for the appraisal of jobs; and (ii) on any legislative progress in this regard.

Conventions Nos 100 and 111 – Application in practice

Application in practice. Procedure for the protection of fundamental rights. The Committee notes the information provided by the Government indicating that, according to judicial statistics, in 2024, 18,038 cases concerning the protection of fundamental rights at work were filed with the labour courts, of which 14,191 have been concluded. The Committee further notes, based on data from the judiciary, that in the same year 31,260 cases were filed for unjustified dismissal (the category with the highest number of cases). The Committee notes this information.

Part II. Convention No. 156

Articles 3, 4 and 8. National policy, leave and protection against dismissal. The Committee notes with interest the information provided by the Government on the adoption of various legislative and public policy measures aimed at enabling workers with family responsibilities to engage in employment and occupation without discrimination, including: (1) Act No. 21.155 of 2019 protecting breastfeeding and explicitly recognizing it as a protected ground against work-related discrimination; (2) Act No. 21.645 of 2024 amending the Labour Code to introduce measures promoting the balancing of personal, family and working life; (3) the establishment of the National Register of Caregivers, which has more than 160,000 registered persons, 86 per cent of whom are women; (4) the Caregiver Credential, which facilitates access to benefits and preferential services in various public institutions; and (5) the establishment of the National Support and Care System, promoted through the Chile Cares programme. The Committee notes in this respect that the first National Support and Care Policy (2025–30) has been published with its plan of action (2025–26). Regarding Act No. 21.645 of 2024, the Committee notes the indication by CONFEDEPRUS that, instead of enabling the balancing of work and family life, it offers the option of remote or teleworking arrangements and minor adjustments to working hours (…) only when caring for children or young persons with disabilities, but not for other family members, and this tends to result in a double working day for the employer and at home. Regarding the application in practice of sections 197 bis and 199 bis of the Labour Code, particularly concerning the number of fathers and mothers who take postnatal parental leave, the Committee notes that the information provided by the Government is limited to maternity allowances and does not include data relating to men. The Committee also notes the information provided by the Government indicating that, between 2017 and 2024, between 3,700 and 6,300 complaints were filed each year for dismissal related to pregnancy, maternity or taking maternity and postnatal leave, and that, over the same period, the Labour Directorate imposed penalties in between 113 and 268 cases a year. The Committee asks the Government to provide information on the impact of the measures adopted in relation to women’s labour market participation, shared responsibility for care work and the balancing of personal, family and working life. It also requests information on the postnatal leave taken by men and on the measures adopted to prevent dismissals on grounds of pregnancy.

Article 5. Childcare and family services and facilities The Committee notes the information provided by the Government regarding the Bill establishing equal entitlement to crèche facilities for men and women workers and the self-employed, amending the Labour Code for these purposes and creating a Solidarity Childcare Fund (Bulletin No. 14.782-13), which is going through its first constitutional reading in the Senate. According to the Government, the purpose of the Bill is to remove the requirement for a minimum number of women workers per enterprise to have access to childcare facilities, and extending the right to men and women workers. The Committee also notes the establishment of the technical round table on work, family and leisure time reconciliation which, together with ILO technical assistance, provided the basis for the drafting and implementation of Act No. 21.645 on the balancing of personal, family and working life.

The Government adds that: (1) between 2020 and 2024, around 1.4 million women benefited each year from the right to crèche facilities; (2) between 2017 and 2024, approximately 800 to 1,000 complaints were filed with the Labour Directorate regarding non-compliance with the obligation to provide crèche facilities; and (3) during the same period, between 80 and 200 violations were confirmed each year, with penalties ranging from 800 million to 2.5 billion Chilean pesos (equivalent to approximately US$900,000 to US$2.8 million). The Committee welcomes the information provided by the Government and asks it to provide information on the progress made and eventual adoption of the Bill on universal crèche provision, as well as on the measures taken by the Labour Directorate to monitor compliance with the requirement to provide crèche facilities.

Articles 7 and 8. Vocational guidance and training. The Committee notes the information provided by the Government, according to which the National Training and Employment Service (SENCE) carries out various programmes aimed at improving employability, such as “Train for Work”, “Lift-off for MSMEs” and “Reinvent Yourself”, which are equally open to people with family responsibilities. The Committee also notes that: (1) since 2019, these programmes have included a care subsidy for participants who devote unpaid time to caring for others, and in 2024 around 51,000 people completed training courses, of whom 5.93 per cent received the subsidy; and (2) ChileValora has concluded agreements with higher education institutions recognizing primary caregiver certification for academic validation purposes, with 2,121 persons certified to date in caregiving-related profiles. The Committee notes this information.

Article 11. The Committee notes the information provided by the Government on the progressive inclusion of provisions relating to crèche facilities, breastfeeding, the care of young children, family leave and work–life balance and shared parental responsibility arrangements in collective agreements concluded between 2017 and 2024. It also notes that the Trade Union Training Strategy, implemented since 2024, includes specific modules on work–family balance, shared responsibility and care, aimed at union leaders and workers with family responsibilities. The Committee welcomes the existence of institutionalized spaces for social dialogue that incorporate these matters into collective bargaining and trade union training, and trusts that such cooperation will continue to be strengthened in future for workers with family responsibilities.