Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Equal Remuneration Convention, 1951 (No. 100) - Peru (Ratification: 1960)

1. In its previous direct request, the Committee referred to section 43(2) of the National Constitution, under which men and women workers are entitled to equal remuneration for equal work performed under identical conditions for the same employer. The Committee observes that the concept of equal value does not appear in this provision of the Constitution or in the national legislation. The Committee asks the Government to indicate whether any measures have been taken or are planned to include this concept in the national legislation.

2. Private sector. The Committee notes the Government's statement that the principle of the Convention is applied in practice in the private sector through collective agreements and the systems for fixing wages and incomes. The Committee also takes note of the information supplied by the Government in its report, concerning the various application mechanisms, including the procedures for labour inspection, verifying the legality of the clauses of individual contracts and the procedure for complaints. The Committee asks the Government to provide copies of the collective agreements that set forth the principle of equal remuneration for men and women workers for work of equal value, of the sectors of economic activity where there is a high proportion of women. The Committee wishes to refer to paragraph 22 of its General Survey of 1986 on equal remuneration, where it indicates that "more generally, and in spite of the difficulties associated with a broader comparison of jobs, the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as 'peculiar to women'". The Committee asks the Government to indicate how the principle of equal remuneration is applied to workers who are not covered by the collective agreements with regard to minimum wages and the mechanisms for fixing income when the principle of equal value is not included among the legal requirements. The Committee also asks the Government to indicate how the principle is applied to workers not covered by collective agreements, with regard to higher than minimum remuneration.

3. Public sector. With regard to the job appraisal in the public sector, the Committee takes note of Legislative Decree No. 276 of 6 May 1984, establishing the basic rules for the civil service and remuneration in the public sector, which, in section 4(a) provides that, inter alia, the principle of equality of opportunity shall apply in the civil service and that, in accordance with section 43, the remuneration of public employees shall be fixed in accordance with the post held and for civil servants, in accordance with the grade. The Committee also notes the administrative procedure for applications for review (Supreme Decree No. 006-SC of 11 November 1967), the procedure for appeal before regional councils and the civil service tribunal (Legislative Decree No. 276, section 36) and the procedure for the execution and litigation in respect of the decisions of the regional councils or the civil service tribunal (section 240 of the Constitution).

The Committee wishes to refer to paragraphs 199 to 215 of its General Survey of 1986 - referred to earlier in connection with the application of the principle of equal remuneration in the public sector - and asks the Government to provide information on the results of the work of the High-Level Standing Committee responsible for proposing rules and for supervising, inter alia, the review of the remunerations fixed, and on the results of the work of the National Institute of Public Administration, responsible for the co-ordination and follow-up of the actions undertaken to ensure full compliance with Legislative Decree No. 276 in connection with the application of the principle of the Convention in this respect.