Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the observations of the Association of Trade Union Confederations of Peru (Association of Confederations), received on 28 September 2017, and of the Autonomous Workers’ Confederation of Peru (CATP), together with numerous trade union organizations, received on 2 September 2017, and also the corresponding replies of the Government. The Committee also notes the Government’s reply to the observations of the General Confederation of Workers of Peru (CGTP) of 16 September 2014, which were referred to in the Committee’s previous observation.

Articles 1 and 2 of the Convention. Pay gap. In its previous observation, the Committee asked the Government to take steps to identify and tackle the underlying causes of the existing wage gap and to provide information on any developments in this respect, and on the measures taken to raise awareness of the principle of the Convention. The Committee also asked the Government to supply statistics, disaggregated by sex, on the distribution of men and women in the labour market and on their remuneration. The Committee notes the statistics supplied by the Government in its report, according to which the average monthly earnings of women in 2015 and 2016 amounted to 71.4 and 70.8 per cent, respectively, of men’s earnings. The Committee also notes the Government’s indication that, according to the March 2017 report on women in the Peruvian civil service, drawn up by the National Civil Service Authority (SERVIR), pay differences between men and women decreased from 24 to 16 per cent between 2008 and 2015, including because of the increased presence of women in occupations with better average remuneration. The Committee further notes the March 2018 report on women in the Peruvian civil service, according to which the pay gap increased from 16 to 18 per cent between 2015 and 2016. The Committee also notes the Government’s reference to the report “Gender gap 2017: Progress towards equality between men and women”, published by the National Institute of Statistics and Information Technology (INEI). The report indicates that: (i) the majority of working women are self-employed (35.7 per cent) or are unpaid family workers (17 per cent); (ii) by type of occupation, the smallest pay gap is found between professional and technical workers, and the largest gap between those working in agriculture, where women’s earnings are half those of men; (iii) one of the main reasons for existing gaps is the fact that women work fewer hours in order to take care of their families; and (iv) the acquisition of more educational qualifications by women does not necessarily reduce the earnings difference in relation to men. Moreover, the Committee notes the observations of the CATP and the Association of Confederations, stating that employees receive different pay according to the type of contract, which makes the type of contract a significant variable in reducing the gender pay gap. The Committee also notes that the CGTP refers in its observations to the impact of the various labour regimes established in the national legislation on reducing earnings in sectors employing large numbers of women, with an impact on the existing pay gap. The Committee notes the Government’s reply to the observations of the CGTP indicating that: (i) national employment policies include strategies that seek to implement positive action mechanisms for women to reduce occupational sex segregation; and (ii) gender mainstreaming in such policies is a long-term process.

With regard to the measures taken to tackle the underlying causes of the existing pay gap, the Government states in particular that on 24 June 2017 Supreme Decree No. 068-2017-PCM was published, which provides that entities within the Executive Authority (ministries and public bodies) shall conduct an internal assessment of the gender pay gap and its causes, with a view to planning action to end gender pay inequalities. In this regard, the CATP and the Association of Confederations observe that public sector employees only account for 8.9 per cent of men in employment and 9.5 per cent of women in employment. Furthermore, the Committee also notes the Government’s indication, in reply to the observations of the CATP, to which the Committee referred in its previous observation, that: (i) the National Gender Equality Plan 2012–17 (Gender Equality Plan) addressed issues relating to the pay gap in the context of its strategic objective 5 (“guaranteeing the economic rights of women in conditions of equity and equality of opportunity in relation to men”); (ii) the Human Rights Plan 2014–16 included the objective of “reducing the gender pay gap”; (iii) the “Intersectoral Action Plan for the empowerment and economic autonomy of women” seeks, inter alia, to reduce gender disparities in terms of both access to employment and earnings; and (iv) a sectoral strategy for equality and non discrimination in employment and occupation is being drawn up, which proposes, inter alia, to conduct an assessment of pay gaps and gender discrimination in the private sector. In this regard, the Committee notes Ministerial Decision No. 061-2018-TR of 23 February 2018, which approves the “Sectoral Plan for equality and non-discrimination in employment and occupation (2018–21)”. The Committee also notes that the Government provides information on the Cuna Más National Programme and the recognition of paternity and maternity leave, which are examined in its comments on the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee further notes that, according to information on the website of the Ministry for Women and Vulnerable Population Groups, the period of validity of the Gender Equality Plan was extended at the end of 2017 to enable a new plan to be designed for the next phase. With regard to these points, the Committee notes that the CATP and the Association of Confederations, in their observations of September 2017, emphasize in particular that: (i) the Gender Equality Plan focuses in particular on the public sector and there is no information indicating how the results of that Plan have contributed to reducing the gender pay gap; (ii) with regard to the Human Rights Plan 2014–16, no assessment, results or methodology have been presented on pay gaps in the public and private sectors; and (iii) the trade union confederations have not been called upon regarding the sectoral strategy referred to by the Government. The CATP and the Association of Confederations also refer to the lack of consistency in public policies. The Committee notes the Government’s indication that the successes achieved in implementing the abovementioned measures have contributed towards reducing or eliminating the factors that influence the gender pay gap. While duly noting all the above information and so as to be in a position to evaluate the results achieved through the different measures adopted to promote the principle of the Convention, the Committee requests the Government to: (i) systematically evaluate, in cooperation with the workers’ and employers’ organizations, the plans and programmes adopted to promote the principle of the Convention and to send detailed information on the results achieved in reducing the gender pay gap in the private sector and also on any follow-up action taken, including the definition of tasks and indicators designed to monitor the implementation of these actions; (ii) provide information on the results of assessments of the gender pay gap in the public and private sectors, and the follow-up actions taken in cooperation with workers’ and employers’ organizations; and (iii) continue providing information on the specific measures taken or planned to tackle the underlying causes of the existing pay gap, including information on any relevant measures taken in the context of the sectoral strategies on equality and non-discrimination and on the empowerment and autonomy of women, and their impact on reducing the gender pay gap.

With regard to awareness-raising measures, the Committee notes the information provided by the Government on the awareness-raising activities carried out in 2015 and 2016 on the subject of equal opportunities for men and women, and the initiative to award the “Safe and free of violence and discrimination against women” label to enterprises. It also notes the observations of the CATP and the Association of Confederations that it would be appropriate to evaluate the impact of the above activities. The Committee requests the Government to: (i) continue taking measures to promote better public understanding of the principle of equal remuneration for men and women for work of equal value and to provide information in this regard, also indicating the beneficiaries of such measures; and (ii) continue sending statistics, disaggregated by sex, on the distribution of men and women in the labour market and on the remuneration received by men and women in each sector of economic activity.

Articles 1 and 3. Work of equal value and objective job evaluation. In its previous observation, the Committee urged the Government to take the necessary measures to adopt an objective job evaluation system without delay. It also asked the Government to provide more details of the “Guide to the application of the principle of equal remuneration for men and women”, which it was planned to draw up. The Committee notes the Government’s indications that: (i) the process of drawing up the guide could not go ahead for economic reasons; and (ii) the “Sectoral Plan for equality and non-discrimination in employment and occupation (2018–21)” includes in its strategic actions the adoption of a specific methodology for the evaluation of jobs without gender bias in order to ensure pay equality. The Committee also notes that the Government refers to the Act prohibiting Gender Pay Discrimination (No. 30709 of 26 December 2017), the objective of which is to prohibit pay discrimination between men and women by establishing categories, duties and remuneration that make it possible to implement the principle of “equal remuneration for men and women for work of equal value” (section 1). While noting that the Act does not fully reflect the principle of the Convention, which also encompasses work of a completely different nature which is nevertheless of equal value, the Committee notes that the implementing regulations for the Act, adopted by Supreme Decree No. 002-2018-TR of 8 March 2018, provide, inter alia, that: (i) the employer must evaluate and group jobs together in scales of categories and duties, applying objective criteria, on the basis of the tasks involved, to the necessary skills for performing them and to the job profile (section 3.1); and (ii) should there be any allegations of direct or indirect gender-based pay discrimination, the employer must demonstrate that the jobs involved “are not equal and/or do not have the same value” (section 5.2). In this context, the Committee recalls that while the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (2012 General Survey on the fundamental Conventions, paragraph 695). Furthermore, the Committee notes that the CATP and the Association of Confederations observe that it would be appropriate to amend the Labour Productivity and Competitiveness Act, since the duties in an employment relationship and the corresponding remuneration are currently fixed for each contract according to the outcome of negotiations between the employer and the worker concerned, thereby leaving the employer with some leeway to define duties and levels of pay that could have an impact on the application of the Convention. In view of the above, the Committee requests the Government to: (i) provide information on the job evaluation methodology drawn up as part of the Sectoral Plan for equality and non-discrimination in employment and occupation (2018–21); (ii) provide detailed information on the application of Act No. 30709 and its implementing regulations, and on its impact on promoting the principle of equal remuneration for men and women for work of equal value; and (iii) indicate how the application of Act No. 30709 is ensured with respect to the situation observed by the CATP and the Association of Confederations regarding the Labour Productivity and Competitiveness Act.

Recalling the importance of ensuring that men and women have a clear legal basis for asserting their right to equal remuneration for work of equal value vis-à-vis their employers and the competent authorities and noting that Act No. 30709 refers to the principle of equal remuneration for “equal work” – which is narrower than the principle of the Convention – whereas its implementing regulations cover not only equal work but also “work of equal value”, the Committee requests the Government to harmonize its legislation so as to fully incorporate the principle of equal remuneration for men and women for work of equal value, as enshrined in the Convention, and to provide information on any developments in this respect.

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