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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of Private Business' Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Peru), received on 1 September 2021. The Committee requests the Government to provide its comments in this regard.

Legislative developments. The Committee notes with interest the information provided by the Government on the adoption in 2020 of Act No. 31110 on the agrarian labour regime and incentives for the agrarian sector and irrigation, agricultural exports and agro-industry and its Regulations (Presidential Decree No. 005-2021-MIDAGRI), and that the latter establishes the prohibition of discrimination in remuneration between men and women working in the sector, and the obligation of the employer to evaluate and group together jobs in indices of categories and duties through the application of objective criteria based on the work performed, the skills necessary for its performance and the profile of the job, in accordance with the provisions of Act No. 30709. The Committee observes that, according to the report “Peru: Gender gaps 2020: Progress towards equality for women and men”, to which the Government refers in its report, agricultural and stock-raising activities have the highest gender pay gap by occupation. The Committee requests the Government to provide information on the application in practice of the Regulations of Act No. 31110 in relation to the principle of equal remuneration for men and women for work of equal value.

Monitoring and enforcement. The Committee notes that in its report the Government: (1) reports the adoption in 2019 of the Protocol for the enforcement of the requirements in relation to remuneration set out in Act No. 30709, which prohibits discrimination in remuneration between men and women (Superintendent Decision No. 234-2019-SUNAFIL); (2) refers to the objectives of enforcement and guidance in relation to fundamental rights contained in the Annual Labour Inspection Plan for 2019 (PLAIT 2019); and (3) reports that, according to the Labour Inspection Supervisory Authority (SUNAFIL) data, in 2021 a total of 110 inspection orders were implemented in relation to discrimination at work, and particularly in relation to the subtopics of “remuneration” (90 orders and 26 fines) and “on the basis of sex or gender” (19 orders and no fines). The Committee observes that, while both subtopics are relevant, neither clearly indicates the number of cases of discrimination in remuneration between men and women (as the first refers to remuneration and the second to discrimination on grounds of sex or gender). In this regard, the Committee notes that the CGTP, CUT-Peru, CTP and CATP indicate in their observations that: (1) the information provided by the Government does not indicate either the period covered by the data on inspection orders nor the results in terms of restoring or remedying the right to equal remuneration, except for the imposition of fines, nor does it specify the annual objectives of the PAIT in relation to equal remuneration; (2) according to the Statistical Yearbooks of the Ministry of Labour and Employment Promotion (MTPE), in 2019 and 2020 a total of 272 and 294 orders, respectively, were issued concerning “discrimination in relation to remuneration” and 29 orders each year on the “implementation of the index of categories and duties”, representing 0.47 per cent of all orders issued in 2019 and 0.48 per cent of the total in 2020; and (3) most inspection operations (83 per cent in 2020) were carried out in response to complaints or external requests, and not at the initiative or according to the programme of the inspection system. The confederations also emphasize that more capacity-building is required for labour inspectors on equal remuneration, as well as tools so that they can provide guidance to employers on the implementation of the principle of the Convention. The Committee recalls the importance of appropriate training programmes for labour inspectors to increase their capacity to prevent, detect and remedy cases of pay discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 875). The Committee requests the Government to provide information on: (i) the application in practice of the Protocol for the enforcement of the requirements in relation to remuneration; and (ii) the specific measures taken to provide tools and capacity-building to labour inspectors relating to the principle of equal remuneration for men and women for work of equal value, and the number of beneficiaries. In light of the nature of the statistics provided by the Government, the Committee also requests it to provide information on the number of cases identified by labour inspectors of clear and specific violations of the principle of equal remuneration for men and women, the penalties imposed and remedies granted, and any rulings on this subject by law courts or other competent bodies.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of Private Business' Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Peru), received on 1 September 2021. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Gender pay gap. With reference to the statistics requested in previous comments, the Committee notes the Government’s indication in its report that the gender wage gap was 25.8 per cent in 2019 and 19.3 per cent in 2020 (the figures for 2020 have to be seen in the context of the COVID-19 pandemic). The Government also refers to a study on women in the Peruvian civil service, issued in 2021, according to which the wage gap in the public sector has been narrowed (by 12 per cent in 2019), although there remain differences, particularly due to the limited and lower access of women civil servants to the best paid jobs in the State sector. In this respect, the Committee notes that the CGTP, CUT-Peru, CTP and CATP emphasize in their observations that the causes of the pay gap include the fact that women work fewer hours than men in order to be able to care for their families, and that the majority of women workers are self-employed or unpaid family workers, or are in feminized and lower valued jobs. The confederations add that the wage gap in the public sector is still 53 per cent in some occupational groups, that the greater presence of women in occupations such as primary education and nursing barely changed between 2008 and 2016, and that the most alarming wage gaps are a result of the coexistence of three labour regimes in the public sector (the administrative services contract (CAS); the public service, and the employment scheme with the public administration).

The Committee also notes that, in reply to its request on the measures adopted to address the underlying causes of the pay gap, the Government refers to: (1) the application of the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21 through the joint action of several bodies with a view to the implementation of measures on equality and non-discrimination (preparation of technical and normative documents, compliance inspections and communication campaigns); (2) the adoption in 2021 of the National Decent Work Policy, priority objective five of which includes a platform for the identification of the pay gap between men and women and the examination of complaints concerning discrimination and the failure to comply with equal remuneration regulations: and (3) the approval in 2019 of the National Gender Equality Policy, which includes an assessment of the gender pay gap, priority objective five of which is “to reduce institutional barriers to equality in public and private life”. The Committee also notes that the National Gender Equality Policy adopted in 2019 includes in item 4.3: “Strengthening the formal labour integration of women”, technical, productive and higher training for women in traditionally male-dominated and/or better paid careers (service 4.3.3) and higher technical training in non-traditional areas (construction) to increase the participation of women (service 4.3.4). The Committee further notes with regard to the preparation of assessment studies that: (1) the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21 includes in its indicators the preparation of six assessment studies to gather information on the situation of women and specially protected groups in the labour market; and (2) according to the Government’s report under the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), there were 80 public bodies in 2018 that had provided information for the assessment studies of the pay gap in the public sector envisaged by Presidential Decree No. 068-2017-PCM. The Government refers to the adoption of various measures to promote better understanding of the principle of equality, including training of those responsible for human resources in enterprises on job evaluation and on the laws and regulations on equal remuneration. It also refers to technical assistance on the framework and application of Act No. 30709 prohibiting discrimination in remuneration between men and women, as well as the assistance provided in collaboration with the ILO Regional Office to build capacity for analysis of the pay gap.

With regard to the information requested on the evaluation of plans and programmes relating to the application of the principle of the Convention, the Committee notes the Government’s indication that, through the programmes “Productive Youth” (Jóvenes Productivos) and “Onwards Peru” (Impulsa Perú), vocational skills programmes were provided in 2020 for 492 women and 544 men aged between 15 and 29 years and 552 women and 555 men were placed in the labour market. The Government adds that at the end of 2021 a study will be commenced on the impact of the National Employability Programme on the reduction of the pay gap between men and women. The Committee notes the observations of the CGTP, CUT-Peru, CTP and CATP indicating that workers’ organizations have not been called upon to participate in any evaluations of plans and programmes relating to the principle of the Convention, and in particular that: (1) the National Decent Work Policy does not have a follow-up mechanism based on tripartite dialogue and institutionalized tripartite action; and (2) the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21 envisaged the establishment of a quadripartite body for its implementation and follow-up, but there has been no news on that subject. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in relation to the evaluation of labour policies and to regimes in the public sector. Noting all this information, the Committee requests the Government to take steps to reduce the gender pay gap in the public sector. It also requests the Government to provide information on the impact of the programmes and policies referred to in terms of the effective reduction of the pay gap between men and women and addressing its underlying causes, such as occupational segregation and the unequal sharing of family responsibilities, and on the challenges identified in their implementation.

Articles 1 and 3. Work of equal value and objective job evaluation. In reply to its previous comments, the Committee notes with interest the information provided by the Government on the adoption of: (1) the “Guide containing reference guidelines that can be used by the employer to evaluate jobs and determine the index of categories and duties” (Ministerial Decision No. 243-2018-TR), which includes the minimum components for a wage policy and a model index of categories and duties as a basis for assessing whether the same remuneration is paid for jobs of equal value; and (2) the “Methodological guide for objective job evaluation, without gender discrimination, and the formulation of indices of categories and duties” (Ministerial Decision No. 145-2019-TR), which covers the process of job evaluation taking into account such factors as skills and qualifications, responsibilities, effort and working conditions. The Government acknowledges, in relation to the Act on productivity and labour competitiveness and in reply to the Committee’s request in its previous comments, that the principle set out in the Convention, which provides the basis for Act No. 30709, is equal remuneration for work of equal value. The Committee also notes that the CGTP, CUT-Peru, CTP and CATP reiterate that Act No. 30709 refers to equal remuneration “for equal work” and that none of the references to the “evaluation” of jobs in its Regulations give full expression to the principle of the Convention. The confederations add that the guides cited are intended as references and are not compulsory, and that the Regulations issued under Act No. 30709 only apply to the private sector. While taking due note of the measures adopted to provide guidance for job evaluation processes, the Committee recalls the importance of ensuring that men and women have a clear legal basis for asserting the right to equal remuneration for work of equal value in relation to their employers and the competent authorities. Under these conditions, the Committee requests the Government to take the necessary measures to include in the legislation the principle of equal remuneration for men and women “for work of equal value”, as set out in the Convention. The Committee requests the Government to provide information on any measures adopted or envisaged in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Enforcement. The Committee recalls that in its previous comments, it asked the Government to continue providing information on labour inspection and to indicate in particular how many complaints and inspections relate specifically to the application of the principle of the Convention. The Committee notes the information provided by the Government on labour inspections conducted in relation to discrimination on the basis of sex. The Committee also notes the observations of the Autonomous Workers’ Confederation of Peru (CATP) and the Association of Trade Union Confederations of Peru, which emphasize that the information supplied by the Government does not specifically refer to cases involving violations of the principle of the Convention. Moreover, the Committee notes that the regulations implementing the Act prohibiting Gender Pay Discrimination (No. 30709 of 26 December 2017), adopted by Supreme Decree No. 002-2018-TR of 8 March 2018, provide that the lack of a chart of categories and duties or a pay policy complying with the provisions established by law constitutes a “serious infringement” of the labour legislation where established by the labour inspectorate (third final supplementary provision). The Committee requests the Government to provide information on specific violations of the principle of equal remuneration for men and women for work of equal value detected by labour inspectors, the penalties imposed and the compensation awarded, including with regard to the application of Act No. 30709, and on the rulings issued by ordinary or other courts of law in relation to issues of principle relating to the application of the Convention. The Committee also once again requests the Government to supply information on the possibility of providing training for labour inspectors with respect to the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Association of Trade Union Confederations of Peru (Association of Confederations), received on 28 September 2017, and of the Autonomous Workers’ Confederation of Peru (CATP), together with numerous trade union organizations, received on 2 September 2017, and also the corresponding replies of the Government. The Committee also notes the Government’s reply to the observations of the General Confederation of Workers of Peru (CGTP) of 16 September 2014, which were referred to in the Committee’s previous observation.

Articles 1 and 2 of the Convention. Pay gap. In its previous observation, the Committee asked the Government to take steps to identify and tackle the underlying causes of the existing wage gap and to provide information on any developments in this respect, and on the measures taken to raise awareness of the principle of the Convention. The Committee also asked the Government to supply statistics, disaggregated by sex, on the distribution of men and women in the labour market and on their remuneration. The Committee notes the statistics supplied by the Government in its report, according to which the average monthly earnings of women in 2015 and 2016 amounted to 71.4 and 70.8 per cent, respectively, of men’s earnings. The Committee also notes the Government’s indication that, according to the March 2017 report on women in the Peruvian civil service, drawn up by the National Civil Service Authority (SERVIR), pay differences between men and women decreased from 24 to 16 per cent between 2008 and 2015, including because of the increased presence of women in occupations with better average remuneration. The Committee further notes the March 2018 report on women in the Peruvian civil service, according to which the pay gap increased from 16 to 18 per cent between 2015 and 2016. The Committee also notes the Government’s reference to the report “Gender gap 2017: Progress towards equality between men and women”, published by the National Institute of Statistics and Information Technology (INEI). The report indicates that: (i) the majority of working women are self-employed (35.7 per cent) or are unpaid family workers (17 per cent); (ii) by type of occupation, the smallest pay gap is found between professional and technical workers, and the largest gap between those working in agriculture, where women’s earnings are half those of men; (iii) one of the main reasons for existing gaps is the fact that women work fewer hours in order to take care of their families; and (iv) the acquisition of more educational qualifications by women does not necessarily reduce the earnings difference in relation to men. Moreover, the Committee notes the observations of the CATP and the Association of Confederations, stating that employees receive different pay according to the type of contract, which makes the type of contract a significant variable in reducing the gender pay gap. The Committee also notes that the CGTP refers in its observations to the impact of the various labour regimes established in the national legislation on reducing earnings in sectors employing large numbers of women, with an impact on the existing pay gap. The Committee notes the Government’s reply to the observations of the CGTP indicating that: (i) national employment policies include strategies that seek to implement positive action mechanisms for women to reduce occupational sex segregation; and (ii) gender mainstreaming in such policies is a long-term process.

With regard to the measures taken to tackle the underlying causes of the existing pay gap, the Government states in particular that on 24 June 2017 Supreme Decree No. 068-2017-PCM was published, which provides that entities within the Executive Authority (ministries and public bodies) shall conduct an internal assessment of the gender pay gap and its causes, with a view to planning action to end gender pay inequalities. In this regard, the CATP and the Association of Confederations observe that public sector employees only account for 8.9 per cent of men in employment and 9.5 per cent of women in employment. Furthermore, the Committee also notes the Government’s indication, in reply to the observations of the CATP, to which the Committee referred in its previous observation, that: (i) the National Gender Equality Plan 2012–17 (Gender Equality Plan) addressed issues relating to the pay gap in the context of its strategic objective 5 (“guaranteeing the economic rights of women in conditions of equity and equality of opportunity in relation to men”); (ii) the Human Rights Plan 2014–16 included the objective of “reducing the gender pay gap”; (iii) the “Intersectoral Action Plan for the empowerment and economic autonomy of women” seeks, inter alia, to reduce gender disparities in terms of both access to employment and earnings; and (iv) a sectoral strategy for equality and non discrimination in employment and occupation is being drawn up, which proposes, inter alia, to conduct an assessment of pay gaps and gender discrimination in the private sector. In this regard, the Committee notes Ministerial Decision No. 061-2018-TR of 23 February 2018, which approves the “Sectoral Plan for equality and non-discrimination in employment and occupation (2018–21)”. The Committee also notes that the Government provides information on the Cuna Más National Programme and the recognition of paternity and maternity leave, which are examined in its comments on the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee further notes that, according to information on the website of the Ministry for Women and Vulnerable Population Groups, the period of validity of the Gender Equality Plan was extended at the end of 2017 to enable a new plan to be designed for the next phase. With regard to these points, the Committee notes that the CATP and the Association of Confederations, in their observations of September 2017, emphasize in particular that: (i) the Gender Equality Plan focuses in particular on the public sector and there is no information indicating how the results of that Plan have contributed to reducing the gender pay gap; (ii) with regard to the Human Rights Plan 2014–16, no assessment, results or methodology have been presented on pay gaps in the public and private sectors; and (iii) the trade union confederations have not been called upon regarding the sectoral strategy referred to by the Government. The CATP and the Association of Confederations also refer to the lack of consistency in public policies. The Committee notes the Government’s indication that the successes achieved in implementing the abovementioned measures have contributed towards reducing or eliminating the factors that influence the gender pay gap. While duly noting all the above information and so as to be in a position to evaluate the results achieved through the different measures adopted to promote the principle of the Convention, the Committee requests the Government to: (i) systematically evaluate, in cooperation with the workers’ and employers’ organizations, the plans and programmes adopted to promote the principle of the Convention and to send detailed information on the results achieved in reducing the gender pay gap in the private sector and also on any follow-up action taken, including the definition of tasks and indicators designed to monitor the implementation of these actions; (ii) provide information on the results of assessments of the gender pay gap in the public and private sectors, and the follow-up actions taken in cooperation with workers’ and employers’ organizations; and (iii) continue providing information on the specific measures taken or planned to tackle the underlying causes of the existing pay gap, including information on any relevant measures taken in the context of the sectoral strategies on equality and non-discrimination and on the empowerment and autonomy of women, and their impact on reducing the gender pay gap.

With regard to awareness-raising measures, the Committee notes the information provided by the Government on the awareness-raising activities carried out in 2015 and 2016 on the subject of equal opportunities for men and women, and the initiative to award the “Safe and free of violence and discrimination against women” label to enterprises. It also notes the observations of the CATP and the Association of Confederations that it would be appropriate to evaluate the impact of the above activities. The Committee requests the Government to: (i) continue taking measures to promote better public understanding of the principle of equal remuneration for men and women for work of equal value and to provide information in this regard, also indicating the beneficiaries of such measures; and (ii) continue sending statistics, disaggregated by sex, on the distribution of men and women in the labour market and on the remuneration received by men and women in each sector of economic activity.

Articles 1 and 3. Work of equal value and objective job evaluation. In its previous observation, the Committee urged the Government to take the necessary measures to adopt an objective job evaluation system without delay. It also asked the Government to provide more details of the “Guide to the application of the principle of equal remuneration for men and women”, which it was planned to draw up. The Committee notes the Government’s indications that: (i) the process of drawing up the guide could not go ahead for economic reasons; and (ii) the “Sectoral Plan for equality and non-discrimination in employment and occupation (2018–21)” includes in its strategic actions the adoption of a specific methodology for the evaluation of jobs without gender bias in order to ensure pay equality. The Committee also notes that the Government refers to the Act prohibiting Gender Pay Discrimination (No. 30709 of 26 December 2017), the objective of which is to prohibit pay discrimination between men and women by establishing categories, duties and remuneration that make it possible to implement the principle of “equal remuneration for men and women for work of equal value” (section 1). While noting that the Act does not fully reflect the principle of the Convention, which also encompasses work of a completely different nature which is nevertheless of equal value, the Committee notes that the implementing regulations for the Act, adopted by Supreme Decree No. 002-2018-TR of 8 March 2018, provide, inter alia, that: (i) the employer must evaluate and group jobs together in scales of categories and duties, applying objective criteria, on the basis of the tasks involved, to the necessary skills for performing them and to the job profile (section 3.1); and (ii) should there be any allegations of direct or indirect gender-based pay discrimination, the employer must demonstrate that the jobs involved “are not equal and/or do not have the same value” (section 5.2). In this context, the Committee recalls that while the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (2012 General Survey on the fundamental Conventions, paragraph 695). Furthermore, the Committee notes that the CATP and the Association of Confederations observe that it would be appropriate to amend the Labour Productivity and Competitiveness Act, since the duties in an employment relationship and the corresponding remuneration are currently fixed for each contract according to the outcome of negotiations between the employer and the worker concerned, thereby leaving the employer with some leeway to define duties and levels of pay that could have an impact on the application of the Convention. In view of the above, the Committee requests the Government to: (i) provide information on the job evaluation methodology drawn up as part of the Sectoral Plan for equality and non-discrimination in employment and occupation (2018–21); (ii) provide detailed information on the application of Act No. 30709 and its implementing regulations, and on its impact on promoting the principle of equal remuneration for men and women for work of equal value; and (iii) indicate how the application of Act No. 30709 is ensured with respect to the situation observed by the CATP and the Association of Confederations regarding the Labour Productivity and Competitiveness Act.

Recalling the importance of ensuring that men and women have a clear legal basis for asserting their right to equal remuneration for work of equal value vis-à-vis their employers and the competent authorities and noting that Act No. 30709 refers to the principle of equal remuneration for “equal work” – which is narrower than the principle of the Convention – whereas its implementing regulations cover not only equal work but also “work of equal value”, the Committee requests the Government to harmonize its legislation so as to fully incorporate the principle of equal remuneration for men and women for work of equal value, as enshrined in the Convention, and to provide information on any developments in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour inspection. The Committee notes the Government’s information on the labour inspections carried out in various regions of the country and the attached statistics on cases of discrimination in access to employment, conditions of work and discrimination on the basis of sex. The Government also states that the National Labour Inspection Supervisory Authority (SUNAFIL) has conducted training on the application of the principle of the Convention. The Committee asks the Government to continue providing information on labour inspection and to indicate in particular how many complaints and inspections relate specifically to the application of the principle of the Convention. The Committee also asks the Government to provide information on the training provided to labour inspectors concerning the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations sent by the Confederation of Workers of Peru (CTP) on 26 August 2014, according to which the unemployment and underemployment rates are higher for women than for men. The Committee also notes the observations sent by the Single Confederation of Workers of Peru (CUT) and the Autonomous Workers’ Confederation of Peru (CATP), which were received on 2 September 2014. According to the CUT, women workers are largely found in the sectors of commerce, health and education, where unregistered and short-term work predominates (more than 50 per cent have temporary or part-time contracts). The CATP states that occupational segregation aggravates the wage gap, that the Government has not adopted any mechanism for the objective evaluation of jobs and that the National Gender Equality Plan 2012–17 (PLANIG 2012–17) does not deal with these issues. The Committee also notes the observations sent by the General Confederation of Workers of Peru (CGTP) on 16 September 2014. The Committee requests the Government to provide its comments on these observations.

Articles 1 and 2 of the Convention. Wage gap. In its previous observation, the Committee noted the programmes and measures that had been adopted and asked the Government to provide information on their impact in terms of ensuring equal remuneration for men and women and narrowing the wage gap. The Committee notes the Government’s indication that the national employment policy takes account of the characteristics and needs of women and men, especially the most vulnerable groups of the population. One of the components of this policy seeks to implement positive action in favour of women to reduce the occupational segregation between men and women, to promote women’s access to managerial and highly specialized posts and to encourage the establishment of childcare services within enterprises. The Government adds that the goals of PLANIG 2012–17 include increasing the participation of women in the labour market and improving the quality of employment. As part of its implementation, there has been significant participation by women in training and production projects, and their average wages have increased. Three employment programmes – Jóvenes a la Obra, Vamos Perú and Trabaja Perú – include improved access for women to a wider range of jobs among their objectives. However, the Committee observes that, according to statistics of the Economic Commission for Latin America and the Caribbean (ECLAC), the average income for women in 2012 was 66.6 per cent of the income of men (64.4 per cent for urban areas and 57.3 per cent for rural areas). The Committee stresses that wage differentials remain one of the most persistent forms of inequality between women and men. The persistence of these differentials requires governments, together with employers’ and workers’ organizations, to take more proactive measures to raise awareness of the application of the principle of equal remuneration for men and women for work of equal value and to evaluate and promote that application and make it effective (see General Survey on the fundamental Conventions, 2012, paragraph 669). The Committee recalls that it is particularly important to have full and reliable statistics relating to the remuneration of men and women in order to formulate, implement and evaluate the measures taken to eliminate pay differentials. The compilation, analysis and dissemination of this information are fundamental for detecting and addressing pay inequality (see General Survey, 2012, paragraph 888). The Committee asks the Government to take measures to identify and address the underlying causes of the existing wage gap, such as gender-based discrimination, gender stereotypes relating to the aspirations, preferences and abilities of women, or vertical and horizontal occupational segregation, and to promote women’s access to a wider range of jobs at all levels, including managerial posts and better paid jobs. The Committee asks the Government to provide information on any developments in this respect, and on the measures to raise awareness of the principle of equal remuneration for men and women for work of equal value implemented among employers, workers and their organizations in the context of PLANIG 2012–17. The Committee further asks the Government to supply statistics disaggregated by sex on the distribution of men and women in the labour market and on the remuneration received by men and women by sector of economic activity, including the public sector.

Article 3. Objective job evaluation. In its previous observation, the Committee asked the Government to provide information on the job evaluation system which was being developed by the Directorate-General of Fundamental Rights and Occupational Health and Safety. The Committee notes the Government’s indication that this Directorate is conducting an experiment with two private companies in relation to the validation of job evaluation methodology incorporating gender mainstreaming. Once the experiment is complete, a “Guide to the application of the principle of equal remuneration for men and women” will be drawn up. The purpose of the guide will be to disseminate the principle of the Convention, help employers in the fixing of wages and promote the incorporation of the principle of the Convention in collective bargaining. The guide will be for use by public and private enterprises of all sizes in all sectors. In view of the persistence of the gender wage gap, the Committee urges the Government to take the necessary measures to adopt an objective job evaluation system without delay. The Committee asks the Government to provide more details of the “Guide to the application of the principle of equal remuneration for men and women”, and particularly regarding how it will ensure that job evaluation is conducted on the basis of absolutely objective criteria that are free of any gender bias. The Government is also asked to provide a copy of the guide, once it has been adopted.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments submitted by the Coordinator of Trade Union Federations composed of the Single Confederation of Workers of Peru (CUT), the General Confederation of Workers of Peru (CGTP), the Autonomous Confederation of Workers of Peru (CATP) and the Confederation of Workers of Peru (CTP) on 13 August 2010, sent by the Government, as well as the additional comments submitted by the CGTP on 31 August 2010. The comments refer to the significant wage gap between men and women and the participation of women in lower-paid sectors of the labour market. The Committee also notes the comments of the National Confederation of Private Employers’ Institutions (CONFIEP) and the Chamber of Commerce of Lima of 12 November 2010, reiterating their previous comments. The Committee requests the Government to provide its comments on the issues raised in these communications.

Equal remuneration for men and women for work of equal value. Wage gap. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged to apply section 6(f) of Act No. 28983 to implement the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee notes that the Government refers to the adoption of the “Building Peru” plan, which has benefited 93,722 women, the Pro-Youth programme and the “Revalue Peru” programme. Under the Revalue Peru programme, 19,221 persons have been provided with training, including 7,363 women. The Government adds that women account for 34 per cent of the placements made by the National Employment Service. Furthermore, the Ministry for Women and Social Development has created the label “made by Peruvian women” in recognition of quality products made by women entrepreneurs, which gives their product a stronger market position. The Committee notes that the Government also refers to the study carried out by the Labour Studies and Statistics Programme of the Ministry of Labour entitled “Women in the Peruvian labour market” covering the period 2004–08. The Committee notes that according to this study, men earn more than women in all occupational groups except in the driver sector, where nearly 100 per cent of the workers are men. The widest wage gap is found among managers, administrators and public servants, professionals, technicians and related occupations and miners and quarry workers, while the weekly wage gap is narrowest in basic occupations requiring a lower level of training or qualifications. According to the study, discrimination largely accounts for the difference in wages between men and women in nearly all occupations. It also notes that the wage gaps are wider in private enterprises which require their staff to have more qualifications, in enterprises with 50 or more workers and among professional self-employed workers. During the period 2004–08, men’s wages increased more than women’s. According to the study, this can be explained by the skills gap that exists between men and women. Although the informal economy has shrunk, it continues to be significant; women also represent the majority of workers in the informal economy. Furthermore, the study concludes that unemployment also affects mainly women. Although the study shows that the wage gap increased in 2006, the Government’s report indicates that the programmes implemented have contributed to narrowing the wage gap between men and women and that whereas in 2008, women earned a wage equivalent to 63 per cent of men’s wages, they currently receive a wage equivalent to 66.8 per cent of men’s wages. The Government also indicates that the number of women receiving a wage lower than the national minimum wage has also fallen. The Committee notes that the Government refers to the persons who have benefited under the various programmes it has implemented. However, the information provided does not allow a proper assessment of the impact of these programmes in promoting equal remuneration between men and women for work of equal value or in narrowing the wage gap. Furthermore, the Committee recalls the importance of taking proactive measures to provide education and training opportunities for women as a means of facilitating the application of the Convention. The Committee requests the Government to continue providing information on the programmes and measures undertaken or envisaged, in particular those designed to improve the access of women to a wider range of jobs, especially high-level jobs. The Committee requests the Government to provide information on the impact that these programmes and measures have had in terms of ensuring equal remuneration for men and women and narrowing the wage gap.

Objective job evaluation. The Committee notes the Government’s indication that the Directorate-General of Fundamental Rights and Occupational Health and Safety will develop, with assistance from the Directorate for Socio-Economic and Labour Research, a method for objective job evaluation to compare different jobs and determine whether they have the same value. The Committee requests the Government to continue providing information on the development of the job evaluation system.

Labour inspection. The Committee notes the Government’s indication that the Government of Canada has financed training for labour inspectors in Peru on fundamental labour rights, which has benefited 240 inspectors. The Committee requests the Government to continue providing information on the training measures for the labour inspectorate relating to the implementation of the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Wage gap. The Committee notes that the Government attaches to its report a communication from the Chamber of Commerce of Lima (CCL). The Government indicates that since 2008 a new procedure has been implemented for the preparation of reports, which involves sending the comments of the Committee of Experts and the draft report to organizations of employers and workers and that, in the event that these organizations wish to submit comments, these are attached to its report. The CCL indicates that pay discrimination is a completely irrelevant issue, both from the financial point of view and with regard to the actual activity carried out by workers. It also states that it is concerned that the Committee has observed and still questions the existence of this type of discrimination in so far as the administrative labour authority is entrusted with the task of inspecting companies to prevent discrimination in this sense. The Committee notes however that according to the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in the country’s urban areas, the average monthly income of women in 2007 was 733.5 nuevos soles (PEN) and the gap was PEN402.7 when compared to the income of PEN1,136.2 received by men. The report also indicates that although an increase of 11.7 per cent was observed in the income of women during the period 2006–07, the gender gap also increased during that period. The Committee considers that the establishment of objective job evaluation mechanisms could contribute to identifying the reasons for the wage gap. The Committee asks the Government to indicate whether there are any studies which analyse the causes of the wage gap and to provide information on this matter, as well as on any steps taken or envisaged to reduce the gender wage gap.

Equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted Act No. 28983 on equality of opportunity for men and women of 2007 and noted, in particular, that section 6 of the Act sets out the principle of the Convention by establishing the principle of equal remuneration for work of equal value. The Committee asked the Government to provide information on the application of the section concerned in practice. The Committee notes the information provided by the Government concerning the steps taken to apply the Act on equality of opportunity. It notes, however, that the information concerned only relates indirectly to section 6(f) of the Act. The Committee considers that Act No. 28983, by establishing the principle of the Convention, paves the way for a more complete and integrated application of the Convention and that it will also provide a basis for a
re–evaluation of the work performed by women in sectors considered to be traditionally feminine in so far as it is applied in practice. The Committee encourages the Government to take steps to ensure the application in practice of section 6(f) of Act No. 28983 to implement the principle of equal remuneration for work of equal value and to provide detailed information on the measures taken or envisaged with regard to the application of this section. Recalling that this provision alone is limited in its impact, as it provides only a framework for the executive branch of government and regional and local government in formulating their policies, plans and programmes, the Committee asks the Government to provide information on the other measures adopted to promote and apply the principle of the Convention.

Objective job evaluation. The Committee notes the information provided by the Government concerning productivity and minimum wages. While it points out that the establishment of minimum wages may contribute to implementing the principle of the Convention, the Committee stresses that, in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee also recalls that the concept of remuneration for the purposes of the Convention includes not only basic salary but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee asks the Government, in the light of its general observation of 2006, to consider the possibility of developing methods of objective job evaluation which allow different jobs to be compared in order to determine whether they are of the same value, including in establishing minimum wages, and to provide information on this matter.

Labour inspection. The Committee notes that a training workshop for labour inspectors was held in 2007 on respecting fundamental rights. The Committee asks the Government to continue providing information on the training and prevention activities of the labour inspectorate in relation to the application of the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes that the Plan for Equality of Opportunities between Women and Men 2006–10 establishes, among other objectives, the achievement by 2010 of a 30 per cent increase in the number of women in managerial positions in the public and private sectors, an increase of 10 per cent in the level of competitiveness of women in terms of access to financial resources, technology and training. It also notes the other objectives of the Plan, such as the inclusion of equality of opportunity in the development plans concluded with regional and local governments. Please indicate the manner in which the Plan contributes to the application of the principle of equal remuneration for men and women for work of equal value.

2. The Committee notes the activities carried out in the context of the Women’s Programme for the Consolidation of Employment – Women Entrepreneurs (PROFECE) of the National Directorate of Micro- and Small Enterprises of the Ministry of Labour. It notes that, according to the report, PROFECE is the state consultative body for economic initiatives by associations headed by women and is the largest exchange for associations for services and products at the national level. Please provide information on the implementation on this Programme, and particularly on the number of women covered and their income in comparison with that of men.

3. In its previous direct request, the Committee noted that, according to the information contained in a document of the Directorate of Prevention and Inspections, there was no effective machinery to investigate violations of the Convention. It requested the Government to provide information on the measures adopted or envisaged to ensure that inspections were carried out to verify whether effect was given in practice to the principle of equal remuneration for men and women for work of equal value. It notes that, according to the Government’s report, the General Act respecting labour inspection (No. 28806), of 22 July 2006, was recently published and that, although there is no specific provision covering inspection and penalties for failure to comply with the right to equal remuneration, the possibility is envisaged of providing guidance and technical assistance to workers and employers. The Committee refers to paragraph 8 of its general observation of 2006, in which it emphasized “the important role of judges and labour inspectors in ensuring the application of the principle of equal remuneration for men and women for work of equal value. Noting that in a number of countries certain measures have been taken to assist judges and labour inspectors to fulfil this role, including providing training regarding the concept of ‘work of equal value’ and how to apply it in practice, the Committee encourages all Governments to consider taking such action”. Taking into account the above, as well as section 6(f) of recently adopted Act No. 28983, which sets out the principle of equal remuneration for work of equal value, the Committee once again requests the Government to adopt the necessary measures to train labour inspectors on the principle set out in the Convention. It also requests the Government to provide information on the measures adopted to ensure that the labour inspectorate makes an effective contribution to the application of the principle set out in the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee referred repeatedly to the need to give effect in legislation to the principle of equal remuneration for work of equal value set out in the Convention. In its last observation, the Committee also expressed regret that Bill No. 1110, which proposed the amendment of article 24 of the Political Constitution of Peru to include a second clause drafted to read “a worker, male or female, is entitled to equal remuneration for equal work performed under identical conditions for the same employer”, had been submitted to the Congress of the Republic for its opinion. The Committee reiterated that this principle is far more restrictive than the principle set forth in the Convention as it requires conditions of “equal work”, “performed under identical conditions” and “for the same employer”. The Committee welcomes the fact that, according to the Government’s report, article 24 of the Constitution has not been amended and that, were an amendment to that article to be proposed, it would have to take into account the provisions of the Convention. The Committee asks the Government to keep it informed regarding the status of the process of constitutional reform.

2. The Committee notes with satisfaction that Act No. 28983, the Act respecting equality of opportunity for men and women, of 12 March 2007, sets forth in section 6(b) the principle of equal remuneration for work of equal value. The Committee expresses its confidence that the inclusion of this principle in the legislation will open the way towards a more complete and integrated application of the Convention and that it will also provide a basis for a revaluation of the work performed by women in sectors considered to be traditionally feminine. This new legislative measure is in line with the comments made by the Committee in paragraph 6 of its general observation of 2006, stressing the importance of giving legal expression to the concept of “work of equal value”. Such legislation should not only provide for equal remuneration for equal, the same, or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee asks the Government to provide information on the practical application of section 6(b).

3. While acknowledging that section 6(b) of Act No. 28983 is an important step in applying the principle of equal remuneration for work of equal value, the Committee notes that the provision alone is limited in its impact, as it provides only a framework for the executive branch of government and regional and local government in formulating their policies, plans and programmes. The Committee asks the Government to indicate the measures taken or envisaged pursuant to section 6(b) of Act No. 28983 to apply the principle of equal remuneration for work of equal value, including whether any specific employment legislation is foreseen in this regard, and to keep the Committee informed of any progress made.

4. Other means of applying the principle laid down in the Convention. The Committee once again asks the Government to promote the objective evaluation of jobs on the basis of the work to be performed and to provide information on this subject. It also requests information on other means of applying the principle laid down in the Convention, including information on the manner in which the Government cooperates with employers’ and workers’ organizations to give effect to the provisions of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report fails to provide information on the issues raised in the Committee’s previous direct request. Since the Committee’s observation refers to the issue addressed in paragraph 1 of its previous direct request, it is obliged to reiterate paragraphs 2 to 5 thereof, which read as follows:

2. The Committee notes that, according to the statistics of the National Household Survey attached to the Government’s report, in the public sector 80 per cent of those who receive high incomes (above 4,000 soles) are men, with only 20 per cent of women receiving such remuneration. In contrast, 87 per cent of employees of the public administration who receive low incomes (for example, between 200 and 399 soles) are women, with only 13 per cent of men in these wage brackets. It also notes that in the private sector most men also receive remuneration in the middle to higher level of the scale. The Committee asks the Government to provide information on the measures adopted or envisaged to guarantee equal remuneration for men and women workers for work of equal value in the public sector, and to promote the same principle in the private sector.

3. The Committee notes the information contained in the study by the Ministry of Labour entitled "Women in the Peruvian labour market: Qualifications and labour market participation", published in October 1997 and attached to the Government’s report, on the need to formulate and promote policies enabling women to fulfil their dual role as both mothers and workers and to have access to sustained participation in the labour market, thereby avoiding discontinuous occupational trajectories, which result in exclusion of or discrimination against women workers in certain sectors. The Committee notes that the majority of the training courses referred to in table 5 of the above study are for activities in areas traditionally considered to be "women’s work" (underwear, confectionary, clothes making, cosmetics and handicrafts). The Committee reminds the Government that the application of the principles set out in Article 2 of the Convention has the object of eliminating discrimination which may arise from the existence of categories of jobs and occupations which are traditionally reserved for women and which may be undervalued as a result of the stereotypes relating to gender (see the 1986 General Survey on equal remuneration, paragraphs 19-23). The Committee asks the Government to provide information in its next report on the measures adopted or envisaged to promote programmes of education and training for women, particularly in sectors in which they are under-represented, and on any other measures intended to facilitate the access of women with children to the labour market.

4. The Committee notes the information provided in the communication issued by the Directorate of Prevention and Inspections, attached to the Government’s report, summarizing the labour legislation in force, which is the fundamental instrument for the activities of labour inspectors, but which contains no provision respecting the verification of the application of the Convention. The communication also indicates that there is no effective machinery to identify infringements of the Convention. The Committee asks the Government to provide information in its next report on the measures adopted or envisaged to ensure that inspections are carried out to verify whether effect is given in practice to the principle of equal remuneration for men and women workers for work of equal value.

5. In its previous comments, the Committee asked the Government to provide information on complaints lodged and court rulings issued relating to violations of the principle set out in Article 2 of the Convention. The Committee notes that the information provided by the Government in its last report is more closely related to Convention No. 111 on discrimination in employment and occupation than to the principle set out in Article 2 of the Convention. The Committee once again asks the Government to provide information in its next report on any complaints or court rulings relating to violations of the principle of equal remuneration for men and women workers for work of equal value.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Equal remuneration for men and women for work of equal value. The Committee notes with regret that, despite having reiterated for many years that the principle enshrined in the Convention is that of equal remuneration for men and women for work of equal value, the reports submitted by the Government continue to provide information on equal remuneration for equal work, which does not reflect the principle of the Convention. The Committee therefore notes with considerable regret that according to the Government’s report, draft law No. 1110 which proposes to amend article 24 of Peru’s Political Constitution by incorporating the phrase "a worker, male or female, is entitled to equal remuneration for equal work performed under identical conditions for the same employer" has been submitted to Congress for its opinion. This principle is far more restrictive than the Convention, since it introduces conditions of "equal work", "performed under identical conditions" and "for the same employer". In its General Survey of 1986 on equal remuneration, the Committee of Experts indicated that the principle of equal remuneration for work of equal value "inevitably broadens the field of comparison since jobs of a different nature have to be compared in terms of equal value. To compare the value of different jobs, it is important that there exist methods and procedures of easy use and ready access" (paragraph 255). Further, in paragraph 256 of the same survey, the Committee stated that "particular difficulties for job evaluation are experienced in areas where men and women are in practice segregated into different occupations, industries and specific jobs within enterprises (…) it is essential to ensure equal remuneration in an industry employing mostly women by having reference to a basis of comparison outside the limits of the establishment or enterprise concerned". In short, equal remuneration for equal work performed under identical conditions for the same employer does not reflect the principle enshrined in the Convention.

2. Equal remuneration for men and women for work of equal value and the reflection of this principle in law. The Government’s report indicates that the principle enshrined in the Convention can be applied through various means and not only through national legislation. The Committee fully agrees with the Government’s assertion, but reminds it that, while the Convention is flexible regarding the choice of measures to be taken for its implementation, it allows no compromise regarding the objective to be pursued. Where legislation concerning equal remuneration exists, it should not be more restrictive than, or contravene, the equal remuneration principle in the Convention. The Committee also reminds the Government that States have an obligation to promote the principle enshrined in the Convention and apply it directly in certain cases (see the abovementioned General Survey, op. cit., paragraphs 25-30). In the Committee’s opinion, the proposed amendment of article 24 of the Constitution does not contribute to either the promotion or application of the principle established in the Convention. The Committee therefore hopes that through the amendment of article 24 of the Constitution, the Government will do what is necessary to establish in legislation the principle of equal remuneration for work of equal value, and requests that it keep the Committee informed in this regard.

3. Other means of applying the principle laid down in the Convention and labour inspection. In its previous direct request, the Committee noted the Government’s statement that no methods had been established for an objective appraisal of jobs on the basis of the tasks they involved and reminded the Government that the concept of equal pay for men and women according to the value of their work necessarily implied the adoption of a suitable method for objectively measuring and comparing the relative value of the tasks performed. In the same direct request, the Committee noted the information contained in the communication issued by the Directorate of Prevention and Inspection (communication No. 97-02-DRTPSL-DPI-5.ª SDI), which was attached to the Government’s report. According to that communication, " no procedure has been established through which it is possible to evaluate the work performed and its relation with the remuneration received", and according to conclusion No. 1 therein, "it is necessary for the Peruvian State, through substantive law, to issue appropriate standards to regulate specifically the area of equal remuneration for men and women workers for work of equal value, and by doing so it will provide labour inspectors with the tools needed to ensure compliance with that principle". The same communication indicates that there is a legal void in the legislation governing labour inspection and that the labour inspectorate can therefore only verify compliance with current legislation as regards the national minimum wage for all workers, without any discrimination.

4. The Committee expresses its concern regarding the absence both of legislation to promote the Convention’s principle at different levels and of methods for carrying out an objective appraisal of jobs allowing for the comparison of tasks in different companies and sectors. Both of these are also required in order that the labour inspectorate can monitor the application of the principle laid down in the Convention. Consequently, the Committee urges the Government to adopt appropriate measures to bring its legislation into line with the Convention and to promote an objective appraisal of jobs on the basis of the work to be performed. Please provide information on the measures adopted in that regard. Also, please provide information on the other means being adopted to apply the principle laid down in the Convention, including details on how the Government cooperates with employers’ and workers’ organizations to give effect to the Convention’s provisions.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government with its report, and the attached statistics.

1. In its previous comments, the Committee reminded the Government that the concept of the remuneration of men and women according to the value of their work necessarily implies adopting a method for objectively measuring and comparing the relative value of the tasks performed. Such method is essential to determining whether jobs involving different tasks have the same value for remuneration purposes (see the 1986 General Survey on equal remuneration, paragraphs 138-152). The Committee notes the information contained in the communication issued by the Directorate of Prevention and Inspection, which was attached to the Government’s report, that there is a legal void in the statutes that are in force as no procedure has been established through which it is possible to evaluate the work performed and its relation with the remuneration received. The Committee asks the Government to provide information in its next report on the measures adopted or envisaged for the utilization of methodologies for the objective evaluation of jobs.

2. The Committee notes that, according to the statistics of the National Household Survey attached to the Government’s report, in the public sector 80 per cent of those who receive high incomes (above 4,000 soles) are men, with only 20 per cent of women receiving such remuneration. In contrast, 87 per cent of employees of the public administration who receive low incomes (for example, between 200 and 399 soles) are women, with only 13 per cent of men in these wage brackets. It also notes that in the private sector most men also receive remuneration in the middle to higher level of the scale. The Committee asks the Government to provide information on the measures adopted or envisaged to guarantee equal remuneration for men and women workers for work of equal value in the public sector, and to promote the same principle in the private sector.

3. The Committee notes the information contained in the study by the Ministry of Labour entitled "Women in the Peruvian labour market: Qualifications and labour market participation", published in October 1997 and attached to the Government’s report, on the need to formulate and promote policies enabling women to fulfil their dual role as both mothers and workers and to have access to sustained participation in the labour market, thereby avoiding discontinuous occupational trajectories, which result in exclusion of or discrimination against women workers in certain sectors. The Committee notes that the majority of the training courses referred to in table 5 of the above study are for activities in areas traditionally considered to be "women’s work" (underwear, confectionary, clothes making, cosmetics and handicrafts). The Committee reminds the Government that the application of the principles set out in Article 2 of the Convention has the object of eliminating discrimination which may arise from the existence of categories of jobs and occupations which are traditionally reserved for women and which may be undervalued as a result of the stereotypes relating to gender (see the 1986 General Survey on equal remuneration, paragraphs 19-23). The Committee asks the Government to provide information in its next report on the measures adopted or envisaged to promote programmes of education and training for women, particularly in sectors in which they are under-represented, and on any other measures intended to facilitate the access of women with children to the labour market.

4. The Committee notes the information provided in the communication issued by the Directorate of Prevention and Inspections, attached to the Government’s report, summarizing the labour legislation in force, which is the fundamental instrument for the activities of labour inspectors, but which contains no provision respecting the verification of the application of the Convention. The communication also indicates that there is no effective machinery to identify infringements of the Convention. The Committee asks the Government to provide information in its next report on the measures adopted or envisaged to ensure that inspections are carried out to verify whether effect is given in practice to the principle of equal remuneration for men and women workers for work of equal value.

5. In its previous comments, the Committee asked the Government to provide information on complaints lodged and court rulings issued relating to violations of the principle set out in Article 2 of the Convention. The Committee notes that the information provided by the Government in its last report is more closely related to Convention No. 111 on discrimination in employment and occupation than to the principle set out in Article 2 of the Convention. The Committee once again asks the Government to provide information in its next report on any complaints or court rulings relating to violations of the principle of equal remuneration for men and women workers for work of equal value.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

For several years, the Committee has been asking the Government to indicate whether it is considering the possibility of setting out in the legislation the principle laid down in Article 2 of the Convention. The Committee regrets to note that the Government, reiterating the statement made in previous reports, replies in its latest report that this Article of the Convention is given effect by the following articles of the Constitution: article 2(2), under which "every person has the right: (…) to equality before the law. No one may be discriminated against on account of origin, race, gender, (…)"; article 24, under the terms of which "the worker is entitled to a fair and adequate remuneration enabling him to provide for himself and his family material and spiritual well-being (…)"; and article 26(1) which provides that the principle of equality of opportunity without discrimination, inter alia, shall be respected in employment relations. The Government also refers to section 30 of the single codified text of Legislative Decree No. 728, which provides that acts of discrimination on grounds of sex, race, religion, opinion or language constitute acts of hostility, punishable by dismissal. The Committee once again reminds the Government that these legislative provisions are inadequate for the application of the principle of equal remuneration for men and women workers for work of equal value, particularly in relation to work which is of a different nature. The Committee has pointed out on a number of occasions that, while there is no general obligation to adopt legislation setting forth this principle under the terms of the Convention, doing so is one of the most effective means of ensuring its application. The Committee therefore once again requests the Government to indicate whether it envisages setting out in the legislation the principle contained in the Convention.

The Committee is examining other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government.

1. The Committee notes the Government’s statement that the principle of equal remuneration for men and women for work of equal value is established in its legislation in provisions which prohibit all forms of discrimination in employment. The Committee recalls that this principle implies the adoption of the concept of work of equal value; and that although there is no general obligation under the Convention to enact legislation establishing this principle since it may also be applied by other means as specified in Article 2 of the Convention, legislation is nonetheless one of the best means of securing the principle. The Committee asks the Government to indicate the manner in which it promotes and ensures the principle of equal pay for men and women workers for work of equal value.

2. The Committee notes the Government’s statement that no methods have been established for an objective appraisal of jobs on the basis of the tasks they involve. The Committee reminds the Government that the concept of equal pay for men and women according to the value of their work necessarily implies adopting a method for objectively measuring and comparing the relative value of the tasks performed. Some such method is essential to determining whether jobs involving different tasks have the same value for remuneration purposes. In the Committee’s view, a job appraisal which affords a means of systematically classifying jobs according to their content, disregarding the personal characteristics of the workers, is a good means of securing broader application of the principle of equal pay for men and women (see paragraphs 138-152 of the General Survey on equal remuneration, 1986).

3. The Committee notes the Government’s statement that it will shortly send the requested statistical information on the wage gap to assist the Committee in assessing the practical effect given to the principle of the Convention. It would be grateful if, together with the above information, the Government would provide the statistics disaggregated by sex referred to in the general observation of 1998. The Government is also asked to send a copy of the study "Women in the Peruvian labour market: Labour training and participation" showing that there were still significant differentials in all age groups and at all levels of education, between economically active men and women, and which the Government did not include with its last report.

4. The Committee notes that there have been no complaints under Act No. 26772, which provides that notices of vacancies and access to training may not contain requirements that amount to discrimination, nor any complaints in connection with inspections to monitor application of the principle laid down in the Convention. The Committee asks the Government to continue to provide information on the activities of the labour inspection services in connection with the application of the Convention and on any complaints filed or court decisions handed down for breach of the principle of equal pay for work of equal value.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report, including the brief statistical data provided.

1. In its report, the Government affirms its intent to comply with the Convention, citing article 2(2) of the Constitution, providing that "every person has the right to equality before the law. No one may be discriminated against on account of origin, race, gender, language, religion, opinion, economic condition or any other condition". The Government states that Peruvian labour legislation guarantees the application of the principle of equal remuneration between men and women for work of equal value. The Committee notes the language of article 24, which states, inter alia, that "the worker is entitled to a fair and adequate remuneration enabling him to provide for himself and his family material and spiritual well-being". The Committee further notes that article 26 provides that the principle of equality of opportunity without discrimination is applied in the sphere of labour relations. In addition to the above-mentioned constitutional articles, the Government refers to the national minimum wage for private sector workers, set by Supreme Decree No. 074-97, indicating that the decree does not distinguish between male and female workers. The Government further states that the national legislation does not make any distinction between male and female workers in establishing the additional rights and benefits to which workers are entitled, including vacations, seniority benefits and damages for unjustified dismissal. The Committee nevertheless recalls that the principle of equality of remuneration within the meaning in Article 1 of the Convention refers to equal remuneration for work of equal value and asks the Government to indicate whether it contemplates giving legal expression to the principle in Article 2 of the Convention. The Government is also asked to indicate the methods used to ensure the application to all workers of the principle of the Convention.

2. The Committee notes the Government's response to matters raised in the previous direct request regarding the existence of significant differentials in the remuneration of men and women in all occupations and sectors of activity in the private sector. In this respect the Committee notes that the figures provided in the Government's report are not broken down by occupation, job content or working hours, nor do they show the distribution of women and men in various sectors of the economy or at different levels. More precise statistical information is needed to permit an analysis of either the cause or the precise status of the existing wage gap. In its report, the Peruvian Government refers to the study published by the Ministry of Labour and Social Welfare entitled "Women in the Peruvian labour market". The study reflects that, while the gender pay gap has been decreasing over the past decade, women workers in metropolitan Lima earned 20 per cent less than men on average over the last 12 years. The study emphasizes that the wage gap, while significant at all levels of age and education, widens in the 26 to 65 age group and at the higher educational levels. The Committee requests the Government to provide a copy of the above-referenced study, as well as any explanations for the widening of the wage gap during what is presumably the most productive period in workers' lives and despite the higher educational levels involved. In order to assist the Committee in evaluating the application of the principle of the Convention, the Government is asked to provide, in its next report, full information as requested in the General Observation on this Convention.

3. The Committee notes that, according to the National Wage and Salary Survey figures in the report, women's participation in the labour force in metropolitan Lima rose from 24.9 per cent in 1992 to 27.5 per cent in 1996. On the whole, however, women's participation in the labour force remains low. The Committee recalls that, often, difficulties encountered in achieving implementation of the principle of the Convention are intimately linked to the status of women and men in employment and in society (see General Survey on equal remuneration, ILO, 1986, paragraph 180, citing the remedial measures advocated in Paragraph 6 of the Recommendation). In this regard, the Committee notes with interest the promulgation of Act No. 26772 and its regulation, Supreme Decree No. 002-98-TR, providing that, inter alia, employment offers may not contain discriminatory requirements based on gender. The Committee recalls that measures taken to prohibit discrimination in advertisements for vacancies and opportunities for promotion are crucial if equality in employment is to be fully realized (see General Survey on equal remuneration, ILO, 1986, paragraph 190). The Committee requests the Government to continue to keep it informed of developments to improve the status of women in the labour market and any corresponding effect on reducing the wage gap.

4. The Committee notes the information provided by the Government with regard to the enactment of Supreme Decree No. 004-96-TR governing labour inspection procedures. The Government indicates that the labour inspectorate ensures compliance with the labour laws through both planned and special (impromptu) inspections. Recalling the importance of the labour inspectorate as a mechanism for identifying and preventing discriminatory labour practices, the Committee requests the Government to keep it informed of the activities of the inspectorate relevant to the application of the Convention, including the number of offences reported and the outcome of those violations.

5. In its previous report, the Government indicated that, in light of the recent enactment of the 1993 Constitution and the Single Codified Text of the Employment Promotion Act (No. 26513 of 1995), no judicial decisions had yet been issued interpreting provisions of the above-mentioned legislation relevant to the Convention. The Committee would be grateful if the Government would keep it informed of any pertinent judicial decisions issued, and to provide copies.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the Government's replies to the matters raised in its previous direct request, and particularly the detailed statistical tables on remuneration in the public sector from January to June 1996. It also notes that the Single Confederation of Workers of Peru (CUT) and the Latin American Central of Workers (CLAT) submitted a representation under article 24 of the Constitution of the ILO for alleged violations of this Convention, among others, which was dismissed by the Governing Body for lack of detailed proof from the above organizations in relation to the principle of equal remuneration between men and women workers (GB.267/15/2, approved by the Governing Body at its 267th Session in November 1996).

2. It also notes a communication from the National Federation of Employees in the Judiciary (FNTPJ) according to which the Government is engaging in wage discrimination through pay increments in certain sectors of the public administration, while delaying such measures for another significant sector of public servants, including teachers, members of the national police force, health workers and employees of the judiciary. The Committee notes the Government's reply, in which it observes that the discrimination prohibited by the Convention relates to the establishment of differentials in remuneration on grounds of sex and that the comments made by the above Confederation bear no relation to the sex of the public servant. The Committee notes that there is no element permitting it to conclude that the actions of the Government in this case violate the principle of equal remuneration between men and women workers for work of equal value.

3. In its previous direct request, the Committee requested the Government to keep it informed of the coming into force of the new Constitution, approved in the referendum of 31 October 1993. The Government states that the new Constitution was promulgated on 29 December 1993 and that its provisions reflect the will to comply with the Convention, since Chapter I respecting the fundamental rights of the person states in article 2(2) that "no one shall suffer discrimination on grounds of race, sex or economic or any other condition".

4. The Committee noted that, according to the incomes and wages survey in the private sector, average earnings for men are almost always higher than those of women, with differentials that are on occasion very significant. While not all differences between remuneration rates are to be considered contrary to the principle set out in the Convention (see Article 3, paragraph 3, of the Convention), this situation indicates to the Committee that the substantial differentials in the remuneration of men and women that are found constantly in all occupations and all sectors of activity reflect inequalities which have their origins in discrimination on the ground of sex. The Committee therefore requests the Government to supply information on any studies undertaken to investigate the basis of the wage differentials. It also requests the Government to continue providing information on wages and other emoluments, and on any measure intended to promote equal remuneration between men and women workers for work of equal value.

5. With reference to its request for detailed information on violations that are reported in areas relating to the Convention, the sanctions imposed, and on court decisions, the Government states that, in view of the relatively recent promulgation of the Political Constitution and the Single Codified Text of the Employment Promotion Act (No. 26513 of 27 July 1995), section 62(d) of which renders null and void any termination of employment arising out of discrimination on grounds that include sex, there are as yet no judicial rulings establishing jurisprudence in this connection. The Committee wishes to recall the importance of an effective system of labour inspection as a means of determining, preventing and limiting discriminatory practices in relation to remuneration differentials for work of equal value. It therefore once again requests the Government to keep it informed of the activities of the labour inspectorate, particularly as regards the application of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Further to its previous direct request, the Committee notes that the Government repeats its statement that equal remuneration for men and women workers, as set out in article 43(II) of the Constitution, namely "for equal work performed under identical conditions for the same employer", is more detailed and clearer than the terms of the Convention. The Committee recalls that in accordance with the Convention, equal remuneration has to apply to work of equal value, even if it is of a different nature or performed under different conditions and for different employers. In paragraph 138 of its 1986 General Survey on Equal Remuneration, the Committee emphasized that this concept "necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed". While noting the Government's statement that the draft text of the new Constitution contains provisions guaranteeing the equality of all persons before the law and providing protection against any form of discrimination, the Committee trusts that the Government will take the necessary measures to include in this draft text a provision to establish equal remuneration for men and women workers for work of equal value, in accordance with Article 1, paragraph 2, of the Convention, since section 43(II) of the Constitution in its current form is much more limited in scope. It requests the Government to keep it informed of the coming into force of the new Constitution, which was approved by referendum on 31 October 1993.

2. The Committee notes the detailed statistical tables supplied by the Government. With regard to the remuneration scales in the public service, the Committee would be grateful if the Government would supply in its next report information on the wages actually received and the distribution of men and women at the various levels.

The Committee notes from the statistics on wages in the private sector that the average wage of men is nearly always very much higher than that of women, with differences which are sometimes very wide (basic industries, agriculture, retail). These differences are on average a little higher in sectors which are not governed by collective agreements (44 per cent for wage-earners and 38 per cent for managerial staff and salaried employees) than in sectors which are covered by collective agreements (27 per cent and 32 per cent respectively). The Committee considers that substantial differences in the remuneration of men and women workers which are found constantly in all occupations and sectors reflect inequalities which have their origins in discrimination on the basis of sex. It would therefore be grateful if the Government would indicate the measures which it envisages taking to remedy this situation of inequality in respect of women. It also requests the Government to keep it informed of developments in the situation and to continue to supply information on wages and on any measure intended to promote equal remuneration for men and women workers for work of equal value.

3. The Committee also notes the information supplied by the Government concerning the activities of the labour inspection services and the relevant legal proceedings. It requests the Government to continue to supply detailed information on the violations reported in the field covered by the Convention, the penalties imposed and the rulings handed down by the courts.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes the Government's response to its previous direct request to the effect that it has not up to now envisaged amending section 43(2) of the Constitution in order to explicitly include the concept of equal remuneration for work of equal value, since it considers that this section covers the concept of work of equal value in a more detailed and clearer manner, since the value of work is not a concept that is easy to define objectively. With reference to its general observation of 1990, and to paragraphs 44 to 76 of its 1986 General Survey on Equal Remuneration, in which it examines the concept of equality used in the Convention and gives examples of national law and practice in this regard, the Committee observes that the scope of section 43(2) of the Constitution is much more restricted than the Convention, since it provides for equal remuneration for men and women workers "for equal work performed under identical conditions for the same employer". In accordance with the Convention, equal remuneration has to apply to work of equal value, even if it is of a different nature or performed under different conditions and for different employers. The Committee therefore hopes that the Government will be able to take the necessary measures to amend the national legislation in order to provide for equal remuneration for work of equal value, in accordance with Article 1, paragraph 2, of the Convention.

2. The Committee notes that it does not have at its disposal recent information enabling it to assess how the principle of equal remuneration, as set out in national legislation, is applied in practice. It would be grateful if the Government would supply in its next report:

(i) the salary scales applicable in the public service, with information on the distribution of men and women at the various levels;

(ii) the texts of collective agreements setting wage levels in the various sectors, with information, if possible, on the percentage of women covered by these collective agreements and the distribution of men and women at the various levels; and

(iii) statistics on wage rates and average earnings for men and women, if possible by occupation, sector, seniority and skill level, as well as information on the corresponding percentage for women.

3. The Committee requests the Government to supply information on the measures that have been taken to ensure the application of legal measures concerning equal wages and, in particular, on the activities of the labour inspection services (violations reported and sanctions imposed) and on court rulings.

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

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.