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

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

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.