Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Peru (Ratification: 1970)

The Committee notes the observations made by the Confederation of Workers of Peru (CTP), received on 26 August 2014, and by the Single Confederation of Workers of Peru (CUT) and the Autonomous Workers’ Confederation of Peru (CATP), received on 2 September 2014, which refer to legislative matters already under examination by the Committee. The CATP also refers to discrimination in job vacancies on grounds of race, colour and sex and the low level of action taken by the labour inspectorate in relation to discrimination at work.

Articles 1 and 2 of the Convention. Discrimination based on sex. In its previous observation, the Committee requested the Government to provide information on the application and impact of the following legal provisions: Legislative Decree No. 1057 of 28 June 2007 establishing the administrative services contract (CAS); Act No. 28015 and Legislative Decree No. 1086 to promote the competitiveness, formalization and development of micro and small enterprises and access to decent employment; Act No. 27360 approving standards on the agricultural sector; and Act No. 27986 on domestic workers. The Committee notes that, according to the CTP, CUT and CATP, these texts, which apply to the public and private sectors, establish specific systems by type of contract, sector or occupation, and provide for a lower level of rights than the generally applicable legislation. Furthermore, according to the CUT, these legal texts have a greater impact on women and indigenous workers, who are predominant in these sectors. The Committee notes that in the framework of the National Gender Equality Plan (2012–17) (PLANIG 2012–17) the persistence was noted of the use of special labour systems in sectors which principally employ women. The Committee further notes the adoption of Act No. 29849, of 5 April 2012, which provides for the progressive elimination of the administrative services contract envisaged in Legislative Decree No. 1057, and that the Civil Service Act, No. 30057, was adopted on 4 July 2013. The Committee requests the Government to assess the impact of the legal provisions referred to above which establish special labour schemes, particularly on the access to and the terms and conditions of employment of women and indigenous workers, with regard to all the grounds set out in Article 1(1)(a) of the Convention, and to provide information in this respect. The Committee requests the Government to provide statistical data disaggregated by sex and, where possible, indicating the proportion of indigenous workers, the number of workers engaged in the public sector under the various types of contract and in the private sector under the terms of Acts Nos 28015, 27360 and 27986. The Committee also requests the Government to provide information on the measures adopted to ensure the effective application of the legislation prohibiting discrimination in job offers on grounds of race, colour and sex.

Equality of opportunity and treatment for men and women. The Committee welcomes the evaluation of the Plan for Equality of Opportunities for Women and Men (2006–10), prepared within the framework of the PLANIG 2012–17, which contains recommendations on the measures to be adopted concerning the access to work and the working conditions of women. In this regard, the Committee notes that the CTP, CUT and CATP refer to the difficulties encountered by women, and particularly women domestic workers, in gaining access to the formal economy. Furthermore, the Office of the People’s Ombudsman, in its 2013 report “Combating discrimination: Progress and challenges”, refers in particular to the difficulties encountered by pregnant women in gaining access to and remaining in employment, education and training. The Committee notes that PLANIG 2012–17 envisages the adoption of measures to promote equality between men and women and, in particular, the access of women to social insurance and health systems, the protection of women domestic workers and action by public authorities to guarantee the rights arising out of maternity and paternity. The Committee further notes the Government’s reference to the various guidelines and plans adopted, or which are being prepared, on good practices in relation to equality, the reconciliation of work and family responsibilities and the rights of domestic workers. Recalling the importance of monitoring the implementation of plans and policies in terms of their results and effectiveness, the Committee encourages the Government to continue the systematic evaluation of the equality plans and programmes adopted. The Committee requests the Government to take the necessary measures to ensure that the implementation of PLANIG 2012–17 effectively addresses existing problems of discrimination and promotes the equality of women and men in terms of gaining access to and remaining in the labour market. In particular, the Committee requests the Government to take specific measures to ensure that pregnant women can have access to and remain in employment, training and education. The Committee requests the Government to provide information in this regard.

Labour inspection. In its previous comments, the Committee requested the Government to indicate the measures adopted in the event of obstruction by employers of labour inspectors in the discharge of their duties and to indicate the authority responsible for examining complaints of discrimination in the public sector. The Committee notes the Government’s indication that, under the terms of Supreme Decree No. 019-2006-TR, obstructing the entry of inspectors is a serious offence for which penalties can be imposed and that complaints of discrimination in the public sector are examined by the Civil Service Tribunal of the National Civil Service Authority (SERVIR). The decisions of the Tribunal can be appealed to the courts. The CATP indicates in this respect that, although discrimination is considered to be a serious offence in law, there has been little action by the labour inspectorate in this area. The Committee notes that the CTA refers to the increased number of complaints of obstructing inspections in 2013 due to the ineffectiveness of the penalties imposed for such acts and its indication that the SERVIR and the Civil Service Tribunal are not yet operational. The Committee emphasizes the importance of labour inspection in ensuring compliance with provisions on non-discrimination, equality and equal remuneration, and of the compilation of information on the nature and outcomes of the complaints examined. The Committee also recalls the importance of ensuring that the penalties imposed by authorities responsible for labour inspection are sufficiently dissuasive, and it refers in this respect to its comments on the application of the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to take specific measures with a view to ensuring that the labour inspection system is effective and contributes to promoting equality of opportunity, and that it addresses discrimination at work. The Committee requests the Government to provide information on the activities of the National Civil Service Authority and the Civil Service Tribunal, as well as statistics on the number and nature of complaints of discrimination in the public and private sectors, and the action taken on them by the various competent authorities, the penalties imposed and the remedies provided. Please provide a copy of any relevant judicial decisions.

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