LAW NO. 20,348 SAFEGUARDS THE RIGHT TO EQUALITY IN REMUNERATION Having regard to the fact that the National Congress has given its approval to the following draft law, initiated in a Motion by the Deputy President Alejandra Sepulveda Orbenes and the Members of Parliament, Pedro Araya Guerrero, Gabriel Ascencio Mansilla, Eduardo Diaz del Rio, Jaime Mulet Martinez, Sergio Ojeda Uribe, Carlos Olivares Zepeda, Jorge Sabag Villalobos, Mario Venegas Cardenas, and Patricio Walker Prieto. Draft law: "Article 1.-The following amendments are introduced in the Labour Code: 1. Add the following Article 62a, new:" Article 62a.-The employer must comply with the principle of equal pay between men and women who do the same job, not being considered arbitrary the objective differences in the remuneration that are found, among other reasons, in the capacities, qualifications, suitability, responsibility or productivity. The complaints referred to in this Article shall be substantiated in accordance with paragraph 6 of Chapter II of Title I of Book V of this Code, once the procedure for the complaint provided for in this Code is completed. '........................................... Interleave, in number 6, following the word 'suggestions', phrases ', and in the case of companies of two hundred or more employees, a record which records the various positions or functions within the undertaking and its technical characteristics essential. " b. Replace the number 11, the conjunction "and" and the comma (,) preceding it with a semicolon (;) and the number 12, the endpoint (.) by the conjunction "and" preceded by a comma (,). c. Insert the following number 13, new: " 13.-The procedure for the application of the claims to be deducted for infringement of Article 62a. In any event, the employer's claim and response must be written and duly substantiated. The employer's response must be delivered within a period of no more than thirty days of the worker's claim. " 3. Add, in Article 511, the following final point: " Employers who do not exhibit arbitrary differences in remuneration between workers who have similar positions and responsibilities may apply for a 10% reduction in fines. In addition to what is resolved by application of the preceding paragraphs, the fines provided are not based on anti-union practices or on the infringement of fundamental rights. " Article 2 °.-Intercalase, in article 10 of the decree with force of law No. 29, of the Ministry of Finance, of 2005, which fixed the recast, coordinated and systematized text of Law No. 18,834, Administrative Statute, the following fourth indent, new: ' In employment contracts, the assignment to a degree shall be in accordance with the importance of the function to be performed and the capacity, qualification and personal suitability of the person to whom the assignment is to be carried out and, consequently, the salary and the other remuneration of that grade, excluding any discrimination that may alter the principle of equal treatment of men and women. ' Transitional Article.-The provisions of point (a). Article 1 (2), shall begin to apply six months after its publication in the Official Journal. ' And as soon as I have been able to approve and sanction it, I shall therefore promulgate and take effect as the Law of the Republic. Santiago, 2 June 2009.-MICHELLE BACHELET, President of the Republic.-Claudia Serrano Madrid, Minister of Labour and Social Welfare.-Andres Velasco Branes, Minister of Finance.-Laura Albornoz Pollmann, Minister Director National of Women. What I transcribe to you for your knowledge.-Salute to you, Mauricio Jellvez Maturana, Assistant Secretary of Labor.