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

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

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.