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

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

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.