In conclusion, restrictions on freedom of association and the right to collective bargaining in Chile undoubtedly have a negative impact on the level of unionization in Chile. While Chile has ratified both the main ILO Conventions in this area, there is extensive evidence of discrimination against women. However, there is extensive evidence of discrimination. The Labour Code of 1994 prohibits discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. However, the government of Chile has failed to respond to ILO requests for information on how it ensures the application of the principle of equal remuneration for men and women workers for work of equal value.
Discrimination persists in some occupations concerning access to employment.
This is partly linked to the reluctance of employers to recruit women in order to escape from legal obligations concerning maternity leave. There are cases of women being required by their prospective employers to take pregnancy tests before being accepted for employment. Under the Pinochet military dictatorship there were many cases of political discrimination at the workplace, which could result in politically motivated dismissals. Partly as a result of a complaint to the ILO Committee of Experts on the Application of Conventions and Recommendations, the government of Chile has undertaken a process of review of such cases and payment of compensation to those concerned. It is clear, therefore, that grave discrimination persists in Chile.