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

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

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.