Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Wage gap. The Committee notes that the Government attaches to its report a communication from the Chamber of Commerce of Lima (CCL). The Government indicates that since 2008 a new procedure has been implemented for the preparation of reports, which involves sending the comments of the Committee of Experts and the draft report to organizations of employers and workers and that, in the event that these organizations wish to submit comments, these are attached to its report. The CCL indicates that pay discrimination is a completely irrelevant issue, both from the financial point of view and with regard to the actual activity carried out by workers. It also states that it is concerned that the Committee has observed and still questions the existence of this type of discrimination in so far as the administrative labour authority is entrusted with the task of inspecting companies to prevent discrimination in this sense. The Committee notes however that according to the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in the country’s urban areas, the average monthly income of women in 2007 was 733.5 nuevos soles (PEN) and the gap was PEN402.7 when compared to the income of PEN1,136.2 received by men. The report also indicates that although an increase of 11.7 per cent was observed in the income of women during the period 2006–07, the gender gap also increased during that period. The Committee considers that the establishment of objective job evaluation mechanisms could contribute to identifying the reasons for the wage gap. The Committee asks the Government to indicate whether there are any studies which analyse the causes of the wage gap and to provide information on this matter, as well as on any steps taken or envisaged to reduce the gender wage gap.

Equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted Act No. 28983 on equality of opportunity for men and women of 2007 and noted, in particular, that section 6 of the Act sets out the principle of the Convention by establishing the principle of equal remuneration for work of equal value. The Committee asked the Government to provide information on the application of the section concerned in practice. The Committee notes the information provided by the Government concerning the steps taken to apply the Act on equality of opportunity. It notes, however, that the information concerned only relates indirectly to section 6(f) of the Act. The Committee considers that Act No. 28983, by establishing the principle of the Convention, paves the way for a more complete and integrated application of the Convention and that it will also provide a basis for a
re–evaluation of the work performed by women in sectors considered to be traditionally feminine in so far as it is applied in practice. The Committee encourages the Government to take steps to ensure the application in practice of section 6(f) of Act No. 28983 to implement the principle of equal remuneration for work of equal value and to provide detailed information on the measures taken or envisaged with regard to the application of this section. Recalling that this provision alone is limited in its impact, as it provides only a framework for the executive branch of government and regional and local government in formulating their policies, plans and programmes, the Committee asks the Government to provide information on the other measures adopted to promote and apply the principle of the Convention.

Objective job evaluation. The Committee notes the information provided by the Government concerning productivity and minimum wages. While it points out that the establishment of minimum wages may contribute to implementing the principle of the Convention, the Committee stresses that, in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee also recalls that the concept of remuneration for the purposes of the Convention includes not only basic salary but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee asks the Government, in the light of its general observation of 2006, to consider the possibility of developing methods of objective job evaluation which allow different jobs to be compared in order to determine whether they are of the same value, including in establishing minimum wages, and to provide information on this matter.

Labour inspection. The Committee notes that a training workshop for labour inspectors was held in 2007 on respecting fundamental rights. The Committee asks the Government to continue providing information on the training and prevention activities of the labour inspectorate in relation to the application of the principle of equal remuneration for men and women for work of equal value.