Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

1. Further to its previous direct request, the Committee notes that the Government repeats its statement that equal remuneration for men and women workers, as set out in article 43(II) of the Constitution, namely "for equal work performed under identical conditions for the same employer", is more detailed and clearer than the terms of the Convention. The Committee recalls that in accordance with the Convention, equal remuneration has to apply to work of equal value, even if it is of a different nature or performed under different conditions and for different employers. In paragraph 138 of its 1986 General Survey on Equal Remuneration, the Committee emphasized that this concept "necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed". While noting the Government's statement that the draft text of the new Constitution contains provisions guaranteeing the equality of all persons before the law and providing protection against any form of discrimination, the Committee trusts that the Government will take the necessary measures to include in this draft text a provision to establish equal remuneration for men and women workers for work of equal value, in accordance with Article 1, paragraph 2, of the Convention, since section 43(II) of the Constitution in its current form is much more limited in scope. It requests the Government to keep it informed of the coming into force of the new Constitution, which was approved by referendum on 31 October 1993.

2. The Committee notes the detailed statistical tables supplied by the Government. With regard to the remuneration scales in the public service, the Committee would be grateful if the Government would supply in its next report information on the wages actually received and the distribution of men and women at the various levels.

The Committee notes from the statistics on wages in the private sector that the average wage of men is nearly always very much higher than that of women, with differences which are sometimes very wide (basic industries, agriculture, retail). These differences are on average a little higher in sectors which are not governed by collective agreements (44 per cent for wage-earners and 38 per cent for managerial staff and salaried employees) than in sectors which are covered by collective agreements (27 per cent and 32 per cent respectively). The Committee considers that substantial differences in the remuneration of men and women workers which are found constantly in all occupations and sectors reflect inequalities which have their origins in discrimination on the basis of sex. It would therefore be grateful if the Government would indicate the measures which it envisages taking to remedy this situation of inequality in respect of women. It also requests the Government to keep it informed of developments in the situation and to continue to supply information on wages and on any measure intended to promote equal remuneration for men and women workers for work of equal value.

3. The Committee also notes the information supplied by the Government concerning the activities of the labour inspection services and the relevant legal proceedings. It requests the Government to continue to supply detailed information on the violations reported in the field covered by the Convention, the penalties imposed and the rulings handed down by the courts.