Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee referred repeatedly to the need to give effect in legislation to the principle of equal remuneration for work of equal value set out in the Convention. In its last observation, the Committee also expressed regret that Bill No. 1110, which proposed the amendment of article 24 of the Political Constitution of Peru to include a second clause drafted to read “a worker, male or female, is entitled to equal remuneration for equal work performed under identical conditions for the same employer”, had been submitted to the Congress of the Republic for its opinion. The Committee reiterated that this principle is far more restrictive than the principle set forth in the Convention as it requires conditions of “equal work”, “performed under identical conditions” and “for the same employer”. The Committee welcomes the fact that, according to the Government’s report, article 24 of the Constitution has not been amended and that, were an amendment to that article to be proposed, it would have to take into account the provisions of the Convention. The Committee asks the Government to keep it informed regarding the status of the process of constitutional reform.

2. The Committee notes with satisfaction that Act No. 28983, the Act respecting equality of opportunity for men and women, of 12 March 2007, sets forth in section 6(b) the principle of equal remuneration for work of equal value. The Committee expresses its confidence that the inclusion of this principle in the legislation will open the way towards a more complete and integrated application of the Convention and that it will also provide a basis for a revaluation of the work performed by women in sectors considered to be traditionally feminine. This new legislative measure is in line with the comments made by the Committee in paragraph 6 of its general observation of 2006, stressing the importance of giving legal expression to the concept of “work of equal value”. Such legislation should not only provide for equal remuneration for equal, the same, or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee asks the Government to provide information on the practical application of section 6(b).

3. While acknowledging that section 6(b) of Act No. 28983 is an important step in applying the principle of equal remuneration for work of equal value, the Committee notes that the 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 indicate the measures taken or envisaged pursuant to section 6(b) of Act No. 28983 to apply the principle of equal remuneration for work of equal value, including whether any specific employment legislation is foreseen in this regard, and to keep the Committee informed of any progress made.

4. Other means of applying the principle laid down in the Convention. The Committee once again asks the Government to promote the objective evaluation of jobs on the basis of the work to be performed and to provide information on this subject. It also requests information on other means of applying the principle laid down in the Convention, including information on the manner in which the Government cooperates with employers’ and workers’ organizations to give effect to the provisions of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.