Demande directe (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

The Committee notes with interest the information provided by the Government in reply to its previous comments.

Articles 1 and 2 of the Convention

1. In its previous comments, the Committee had noted that section 8(3) of the 1987 Labour Code maintained the exclusion of homeworkers from the minimum wage system, as had been provided for in Legislative Decree No. 2200 of 1978. The Committee had requested the Government to indicate what consultations had taken place with the organisations of employers and workers concerned before establishing this exclusion.

The Committee notes from the explanations provided by the Government that under Chilean legislation, homeworkers are independent workers who are free to conclude an agreement on their legislation.

The Committee recalls that under Article 1 of the Convention, each Member which ratifies this Convention undertakes to create or maintain machinery whereby minimum rates of wages can be fixed for workers employed in certain of the trades or parts of trades (and in particular the home working trades) in which no arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low. The Committee requests the Government to communicate the approximate number of homeworkers and the wage rates paid in the home working trades. It also requests the Government to indicate the present arrangements for wage fixing, by collective agreement or otherwise, in the home working trades, and again asks the Government to indicate whether the employers' and workers' organisations were consulted before establishing the exclusion provided for in section 8, paragraph 2, of the Labour Code.

2. The Committee has taken due note of the various exceptions provided for in the standards on minimum wages, including those concerning workers over 65 years of age (section 43, paragraph 4 of the Labour Code), persons engaged as salaried workers by non-profit-making organisations which carry out benevolent work or social welfare work, and who are registered with the Programme for the Absorption of those receiving Pensions (section 13 of Act No. 18,647 of 2 September 1987), those engaged under contracts of 30 days or less (section 43, paragraphs 5 and 6 of the Labour Code) and workers in labour-intensive projects operated by municipalities (PIMO) (section 14 of Act No. 18,647). The Committee requests the Government to indicate whether the employers' and workers' organisations were consulted when deciding on the exclusion of these categories of workers from the minimum wage system, as required by Article 2 of the Convention. The Committee also requests the Government to indicate the approximate number of workers in each of the categories mentioned above.

3. Article 3. In its previous comments the Committee has requested the Government to indicate the legislation in force which establishes the minimum monthly income as well as the methods for adopting this minimum income and the extent to which the employers and workers concerned were consulted as provided by the Convention.

The Committee has noted the detailed explanations provided as concerns the monthly income, which should be considered as a minimum income in conformity with the legislation in force. The Committee notes that no information on consultation with employers and workers was provided in the report.

The Committee therefore requests the Government to provide complete information on the machinery used to adopt minimum wages, as well as how this is applied in conformity with Article 3 of the Convention, indicating the method used to consult the representatives of the employers and workers and the way in which the employers and workers concerned participate in the operation of this machinery.

4. Article 4. In its previous comments, the Committee has requested the Government to supervise the carrying out of the instructions given by labour inspectors in certain undertakings so that these undertakings specify in labour contracts the work assigned to each worker in order that these workers can receive the minimum wage which has been agreed upon.

The Committee notes the Government's statement that the labour inspection services exercise constant supervision over undertakings to verify that the labour legislation is being applied. The Committee requests the Government to communicate information on the methods used to assure the supervision of the application of national legislation as required by the Convention, including the number of infractions noted and the sanctions imposed.