Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of: the National Confederation of Private Business Institutions (CONFIEP), received on 29 August 2024; the General Confederation of Workers of Peru (CGTP), the Single Confederation of Workers of Peru (CUT-Peru) and the Autonomous Workers’ Confederation of Peru (CATP), received on 31 August 2024; and the CATP, received on 1 September 2024. The Committee requests the Government to provide its comments in this regard.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that, according to the information provided by the Government in its report: (1) the Ministry of Labour and Employment Promotion (MTPE) has taken various types of action to reduce the gender pay gap, which has remained at 19 per cent since 2020; (2) the study on women in the Peruvian civil service considers the gender pay gap to be modest in the public administration (in no case is it higher than 10 per cent), although it indicates that women tend to earn more than men in low- and middle-income jobs, while men tend to earn more in higher level positions; and (3) training has been carried out targeting the personnel of Regional Labour and Employment Promotion Departments (DRTPE/GRTPE) to strengthen their knowledge on equal wages and promote the implementation of Act No. 30709, which prohibits pay discrimination between women and men. However, on this subject, the Committee also notes that the CGTP, CUT-Peru and CATP indicate in their observations that the action taken by the Government is not sufficient or suitable to ensure compliance with the Convention. With reference to the National Gender Equality Policy (PNIG), adopted in 2019 by Presidential Decree No. 008-2019-MIMP, the Committee notes that: (1) the programme “Women in Action” has resulted in the training and labour market integration of women in the construction sector; and (2) priority has been given to four public services, focusing on developing the capacities of public employees, for the inclusion the gender perspective in the management and delivery of goods and services, and the prevention of work-related violence. The Committee takes due note of the information provided by the Government on the submission to Congress of a Bill to recognize the right to care and to create a national care system. The Committee requests the Government to continue taking measures to identify and address the underlying causes of the gender wage gap with a view to reducing it in practice. The Committee also requests the Government to provide information on any progress achieved and challenges identified in the implementation of these measures, taking into consideration the fact that the gender wage gap has remained at around 19 per cent for at least the past three years.

Article 1(a) and (b). Work of equal value. Legislation. The Committee recalls that section 1(1) of Act No. 30709, of 26 December 2017, which prohibits pay discrimination between men and women, establishes the principle of equal remuneration for “equal work”, which is more restrictive than the principle of equal remuneration for men and women for work of “equal value”, as set out in the Convention. However, section 1(2) provides that the Act is in compliance with the policy of identical earnings for work of “equal value” set out in Act No. 28983 of 2007 on equality of opportunities for women and men. With regard to the latter Act, the Committee notes that it provides in section 6(c) for the guarantee of identical remuneration for work of “equal value”, within the context of the policies adopted by the executive authorities, regional and local governments. The Committee emphasizes that a clear understanding of the concept of “work of equal value” is essential to guarantee the full application of the Convention and refers the Government to its general observation of 2006 on this subject. It also wishes to place emphasis on the importance of ensuring the coherence of the legislative provisions that provide for equal remuneration in order to give full effect to the Convention, including its coherent supervision by the competent authorities. The Committee requests the Government to adopt measures to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in the legislation. The Committee firmly recommends the Government to spare no effort to promote public understanding of the principle of the Convention by engaging in specific awareness-raising and capacity-building activities on the principle of the Convention for workers, employers and their organizations, and for public officials responsible for the enforcement of the law, and requests it to provide information on the measures adopted in this respect in cooperation with the social partners.

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