Peru Equal Pay Law

Overview

Peru's commitment to pay equity is primarily enshrined in Law No. 30709, officially known as the "Law Prohibiting Pay Discrimination Between Men and Women" (Ley que prohíbe la discriminación remunerativa entre varones y mujeres), which was published on December 27, 2017, and came into force on December 28, 2017. This landmark legislation was enacted to address the persistent gender wage gap in Peru, which, according to various reports, showed women earning significantly less than men for comparable work. The law's fundamental purpose is to prohibit wage discrimination based on gender, ensuring that men and women receive equal remuneration for work of equal value. This legislative effort was a direct response to both constitutional mandates for equality and international commitments, aiming to create a more equitable labor market where remuneration is based solely on objective criteria, not sex. The law's introduction marked a pivotal moment, moving Peru closer to international best practices in gender equality in employment.

The historical context for this law includes Peru's constitutional mandate for equality of opportunities without discrimination in labor relations, as articulated in Article 2.2 of the Political Constitution of Peru. This principle had long been a guiding tenet, further supported by Law No. 28983, the Law on Equality of Opportunities between Women and Men, which previously established a general guideline for identical income for work of equal value. While the principle of equal pay for the same work had been recognized, Law No. 30709 introduced the more expansive and nuanced concept of "equal pay for work of equal value." This innovation signifies a crucial evolution in Peruvian employment law, moving beyond identical tasks to a broader assessment of job content and inherent worth based on objective criteria. This shift acknowledges that jobs may differ in nature but still hold equivalent value, thereby preventing indirect discrimination. The law's implementation was further detailed by Supreme Decree No. 002-2018-TR, which approved its regulations on March 8, 2018, providing the necessary framework for employers to comply with these new, more comprehensive obligations.

The significance of Law No. 30709 lies in its comprehensive approach to tackling gender-based pay disparities. It mandates employers to implement robust internal control tools, such as objective job evaluation systems and transparent salary policies, to ensure non-discriminatory remuneration practices. The law is not merely a prohibitive measure but also aims to foster a respectful and non-discriminatory work environment, promoting work-life balance and preventing sexual harassment as part of a holistic approach to workplace equality. Its introduction was a direct response to the substantial wage gap, with data from the National Institute of Statistics and Informatics (INEI) consistently indicating that women earned considerably less than men, even when performing similar activities or holding positions of comparable value. The law, along with its subsequent regulations and guidelines from the Ministry of Labor and Employment Promotion (MTPE), such as Ministerial Resolutions No. 243-2018-TR and No. 145-2019-TR, seeks to systematically dismantle these structural inequalities and promote genuine pay equity across all sectors of the Peruvian economy.

Definitions

The Peru Equal Pay Law, Ley No. 30709, and its implementing regulation, Supreme Decree No. 002-2018-TR, establish several key definitions crucial for understanding and applying the principle of pay equity. Central to the legislation is the concept of "remuneration," which encompasses the ordinary, basic, or minimum salary or wage, along with any other emoluments, whether in money or in kind, paid directly or indirectly by the employer to the worker for their services, provided they are at the worker's free disposal. This broad definition ensures that all forms of compensation, including bonuses, commissions, and benefits that are part of the regular earnings, are considered when assessing pay discrimination. This prevents employers from circumventing the law by categorizing certain payments as non-remunerative if they are, in essence, part of the worker's earnings. However, the law also clarifies specific exclusions from this definition, which typically include extraordinary bonuses not linked to regular work, mobility allowances, meal allowances, profit-sharing, and other payments that are genuinely non-remunerative under specific legal provisions, provided they are not used to mask discriminatory pay practices.

Another fundamental term is "equal remuneration for work of equal value." This principle, a cornerstone of the law, signifies that remuneration rates must be established without discrimination based on sex, not only for identical work but also for different jobs that are deemed to have equivalent value. The law explicitly moves beyond the traditional "equal pay for equal work" to embrace the broader concept of "comparable worth," requiring an objective evaluation of jobs based on factors such as the tasks involved, the necessary skills, the level of responsibility, the working conditions, and the overall job profiles. This objective evaluation is critical to prevent indirect discrimination where jobs predominantly held by women might be systematically undervalued compared to jobs predominantly held by men, despite requiring similar levels of effort, skill, and responsibility. To facilitate this objective assessment and grouping of positions, the law mandates the creation of "cuadros de categorías y funciones" (tables of categories and functions), which serve as internal tools for transparent job classification and remuneration.

"Wage discrimination" is defined as any direct or indirect distinction, exclusion, or preference based on sex that has the effect of nullifying or impairing equality of opportunity or treatment in employment and occupation, particularly concerning remuneration. The law specifically prohibits differences in remuneration linked to factors such as pregnancy, lactation, maternity, paternity, family responsibilities, or being a victim of violence, among others of similar characteristics, as these are considered inherently discriminatory grounds that violate the principle of pay equity. It also clarifies that differences in pay can be justified only by objective and reasonable criteria, which must be clearly defined and applied consistently. Such justifiable criteria include seniority, performance, specific provisions in collective bargaining agreements, scarcity of qualified labor for a particular role, cost of living adjustments, work experience, academic profile, and the geographical place of work. The absence of such objective and verifiable criteria will be considered prima facie evidence of salary discrimination. Furthermore, the law defines "política salarial" (salary policy) as a mandatory document outlining the principles and guidelines for salary administration, which must be transparent, objective, and communicated to all employees.

Covered Employers

The Peru Equal Pay Law, Law No. 30709, applies broadly to all employers within the Peruvian territory, encompassing both the public and private sectors, without explicit size exemptions in its core prohibition of discrimination. This universal application underscores the government's commitment to eradicating gender-based pay disparities across the entire labor market. The general principles of prohibiting wage discrimination between men and women became effective for all employers upon the law's entry into force on December 28, 2017. However, the implementation and enforcement timelines, particularly regarding audits and specific documentation obligations, were staggered based on company size, recognizing the varying capacities of different enterprises to adapt to the new legal requirements.

For medium and large companies, the National Superintendency of Labor Inspection (SUNAFIL) commenced its supervision and auditing activities to ensure compliance with equal pay obligations starting July 1, 2019. This initial phase targeted larger entities, which are generally presumed to have greater resources and organizational structures to implement the required internal systems, such as objective job evaluation frameworks and transparent salary policies. These companies were expected to have their "Cuadros de Categorías y Funciones" and "Política Salarial" fully developed and operational by this date. For Micro and Small Enterprises (MYPEs), the enforcement timeline for SUNAFIL's audits was extended, with inspections beginning on December 1, 2019. This differentiated approach aimed to provide smaller businesses with additional time to adapt their internal structures and comply with the new legal requirements, acknowledging their potentially more limited administrative and financial resources. The Ministry of Labor and Employment Promotion (MTPE) also plays a crucial role in supporting MYPEs through orientation and advisory services on equal pay matters, facilitating their transition to compliance.

While the law applies universally, certain specific requirements, such as the need for Internal Labor Regulations or procedures against sexual harassment, are typically triggered by a minimum number of employees, often exceeding 100 workers, as per general labor legislation. However, the core obligations related to establishing objective job categories and functions, implementing a non-discriminatory salary policy, and informing employees about this policy are fundamental for all employers, regardless of size. The law emphasizes that companies that already possess category and function tables must ensure they align with the law's objectives of objectivity and non-discrimination, while those without such systems were mandated to develop them within 180 days of the law's entry into force. This comprehensive coverage ensures that the principle of equal pay for work of equal value is upheld across all segments of the Peruvian economy, from the smallest businesses to the largest corporations.

Employee Rights

Under the Peru Equal Pay Law (Law No. 30709) and its regulations, employees are granted several crucial rights aimed at ensuring fair remuneration and a non-discriminatory work environment. Foremost among these is the fundamental right to receive equal remuneration for work of equal value, free from any direct or indirect discrimination based on sex. This means that employees have the right to challenge pay disparities if they believe their work is comparable in value to that of a colleague of the opposite sex who receives higher pay, provided the difference cannot be justified by objective and reasonable criteria. The law explicitly prohibits pay differences based on factors such as pregnancy, lactation, maternity, paternity, family responsibilities, or being a victim of violence, considering these as inherently discriminatory grounds that violate the principle of pay equity. This right empowers workers to demand transparency and fairness in their compensation.

Employees also have the explicit right to be informed about the employer's salary policy and the objective criteria used to determine remuneration and job categories. Employers are legally obligated to communicate their salary policy to workers, ensuring transparency regarding the structure of positions, salary scales, and the objective criteria for granting remuneration, including any applicable bonuses or benefits. This information must be provided through clear and accessible means, such as individual or collective meetings, written communications, or internal company portals, particularly upon hiring or when changes occur in job categories or remuneration schemes. This right to transparency is vital as it empowers employees to understand how their pay is determined, to verify the objectivity of the criteria applied, and to identify potential instances of discrimination, thereby fostering a more equitable and accountable workplace. Furthermore, the law guarantees the right to a dignified work environment based on respect and non-discrimination, including specific provisions for the prevention and sanction of sexual harassment, recognizing its impact on overall workplace equality.

In cases where discrimination persists or is suspected, employees have the right to take legal action and seek redress. Continued discrimination can be considered a "hostile act" by the employer, a legal classification that allows employees to initiate administrative or judicial proceedings to cease the discriminatory practice and restore their rights. An employee may also consider a hostile act as constituting an unjustified dismissal, which would then entitle them to seek indemnification for the termination of their employment, in addition to the cessation of the discriminatory practice. The National Superintendency of Labor Inspection (SUNAFIL) and regional labor offices are the primary bodies responsible for supervising compliance and investigating complaints, providing a formal avenue for employees to report violations without fear of retaliation. These rights collectively aim to provide a robust legal framework for workers to assert their entitlement to fair and equal pay, and to seek effective remedies when discrimination occurs, thereby strengthening the protection against gender-based wage disparities in Peru.

Pay Transparency Requirements

The Peru Equal Pay Law mandates significant pay transparency requirements for employers, primarily centered around the establishment and communication of objective job evaluation systems and clear salary policies. A core obligation for all companies is to implement and maintain "cuadros de categorías y funciones" (tables of categories and functions). These tables are not merely organizational charts but must objectively evaluate and group jobs based on a comprehensive set of criteria, including the tasks involved, the necessary skills, the level of responsibility, the working conditions, and the overall job profiles. The evaluation process must be free from gender bias, ensuring that the inherent value of a position is assessed independently of the gender of the person typically holding it. For companies that did not have such systems in place prior to the law, they were required to develop and implement them within 180 days of the law's entry into force (i.e., by late June 2018), demonstrating a clear commitment to establishing foundational transparency.

In addition to objective job categorization, employers must establish a clear, written, and non-discriminatory "política salarial" (salary policy). This policy is a fundamental document that must outline the principles and guidelines related to the administration of salaries, including the structure of positions, salary bands or scales, and the objective criteria for granting remuneration, such as seniority, performance, experience, academic profile, or specific market demand. The policy must explicitly prohibit direct or indirect pay discrimination based on sex and ensure that any differences in pay are justified solely by these objective, verifiable factors, rather than gender or other prohibited grounds. The Ministry of Labor and Employment Promotion (MTPE) has provided extensive guidance and methodological tools, such as Ministerial Resolution No. 243-2018-TR and No. 145-2019-TR, to assist employers in preparing these tables and policies, ensuring a standardized and compliant approach across the country.

A critical aspect of these transparency requirements is the explicit obligation to inform employees about the applicable compensation policy. Employers are mandated to communicate their salary policy to their workers in a clear, accessible, and timely manner. This communication should occur upon an employee's entry into the company and whenever there are significant modifications to their job category or remuneration scheme. The information can be disseminated through various means, including individual or collective meetings, written communications, internal company newsletters, or digital platforms, ensuring that all employees have access to this vital information. The goal is to provide greater clarity on how remuneration is determined, allowing employees to understand the objective criteria and fostering a more equitable and transparent compensation system. Failure to inform employees about the salary policy is considered a very serious infringement by the labor authority, highlighting the importance placed on this aspect of transparency.

Reporting & Audit Obligations

The Peru Equal Pay Law imposes specific reporting and audit obligations on employers to ensure robust compliance with its provisions and to facilitate effective oversight. The primary enforcement body, the National Superintendency of Labor Inspection (SUNAFIL), is vested with the authority to supervise and audit companies for adherence to the law. SUNAFIL's inspections began in a staggered manner to allow businesses time to adapt: for medium and large companies, audits commenced on July 1, 2019, while for micro and small enterprises (MYPEs), the inspections started on December 1, 2019. These audits are comprehensive, aiming to verify that employers have not only established the required documentation but are also actively adhering to the non-discriminatory practices mandated by the law, particularly concerning objective job evaluation systems and non-discriminatory salary policies.

During an audit, employers are typically required to present several key documents that demonstrate their compliance efforts. These include the "Política Salarial" (Salary Policy), which must detail the principles and guidelines for salary administration, and the "Cuadro de Categorías y Funciones" (Categories and Functions Chart), which objectively groups positions by category, provides a general description of the jobs justifying their grouping, and ranks them based on objective value. The content of these documents must clearly demonstrate that remuneration is determined based on objective criteria, free from any gender bias. Furthermore, if applicable, companies with more than 100 workers may also be required to present their Internal Labor Regulations and procedures against sexual harassment, as these contribute to fostering a broader non-discriminatory work environment. SUNAFIL inspectors will review these documents, interview employees, and analyze payroll data to identify any potential discrepancies or discriminatory practices.

SUNAFIL employs various methods for monitoring and evaluation, extending beyond formal audits. This includes sending informative letters to employers as a preventive measure, particularly to those identified as potentially non-compliant or as part of general awareness campaigns. These letters request information on the implementation of salary policies and serve as a warning, encouraging voluntary compliance. While not immediate sanctions, ignoring them can trigger a formal inspection process. The inspection process itself is thorough, verifying compliance with Law No. 30709 and its regulations. Failure to comply with fundamental obligations, such as not having a salary policy, lacking a framework of job categories and functions, or not informing employees about the salary policy, is considered a very serious violation, leading to significant penalties. The Ministry of Labor and Employment Promotion (MTPE) also contributes by providing reference guidelines and methodological guides to help companies prepare the necessary documentation and ensure compliance, thereby supporting both proactive and reactive enforcement efforts.

Governance & Enforcement Bodies

The primary governmental bodies responsible for the governance and enforcement of the Peru Equal Pay Law (Law No. 30709) are the Ministry of Labor and Employment Promotion (Ministerio de Trabajo y Promoción del Empleo - MTPE) and the National Superintendency of Labor Inspection (Superintendencia Nacional de Fiscalización Laboral - SUNAFIL). The MTPE acts as the overarching regulatory and policy-making authority in labor matters. Its extensive role includes formulating, planning, directing, coordinating, executing, supervising, and evaluating national and sectoral policies related to fundamental labor rights, including the critical area of pay equity. The MTPE is instrumental in developing and issuing the implementing regulations, such as Supreme Decree No. 002-2018-TR, and various Ministerial Resolutions (e.g., No. 243-2018-TR and No. 145-2019-TR) that provide detailed guidelines and methodological tools to assist employers in complying with the law, ensuring a consistent and informed approach to pay equity across the country.

SUNAFIL, on the other hand, is the specialized technical body responsible for the operational supervision and enforcement of labor regulations, including those pertaining to equal pay. Its core functions include conducting inspections, investigating complaints filed by employees, and imposing sanctions for non-compliance. SUNAFIL's inspectors are specifically tasked with verifying that companies have effectively implemented objective job evaluation systems, established non-discriminatory salary policies, and transparently communicated these policies to their employees. They also meticulously ensure that any observed pay differences are based solely on objective and reasonable criteria, as permitted by the law, and not on discriminatory grounds. SUNAFIL's enforcement actions began in a phased manner, with audits for medium and large companies starting in July 2019 and for Micro and Small Enterprises (MYPEs) in December 2019, demonstrating a structured approach to nationwide compliance.

Both the MTPE and SUNAFIL interact closely to ensure a comprehensive and effective approach to pay equity. The MTPE provides the foundational legal and technical framework, setting the standards and offering guidance, while SUNAFIL ensures its practical application and rigorous enforcement in workplaces across Peru. Regional labor offices also play a vital role in supervising compliance and providing guidance at a local level, acting as accessible points of contact for both employers and employees. Employees can file complaints with SUNAFIL or regional labor authorities if they believe they are victims of pay discrimination. The process typically involves an investigation by SUNAFIL, which can lead to orders for corrective measures, the imposition of administrative fines on non-compliant employers, and the restoration of the employee's rights. This dual-agency structure aims to both promote proactive compliance through extensive guidance and ensure reactive enforcement through thorough inspections and appropriate penalties, thereby safeguarding the principle of equal pay.

Monitoring & Evaluation

Monitoring and evaluation of the Peru Equal Pay Law are primarily carried out by the National Superintendency of Labor Inspection (SUNAFIL) and the Ministry of Labor and Employment Promotion (MTPE), forming a comprehensive oversight mechanism. SUNAFIL is responsible for conducting regular and systematic inspections to verify employers' compliance with the obligations established by Law No. 30709 and its regulations. These inspections are not merely punitive but also serve a crucial monitoring function, assessing the extent to which companies have implemented objective job evaluation systems, established non-discriminatory salary policies, and effectively communicated these policies to their workforce. The frequency and scope of these audits are determined by SUNAFIL's operational plans, which may include sector-specific campaigns or targeted inspections based on risk assessments, building upon the initial staggered approach implemented based on company size.

Complaint investigation procedures are a critical component of the monitoring framework. When an employee files a complaint regarding alleged pay discrimination, SUNAFIL initiates a thorough investigation to gather evidence and determine if a violation has occurred. This involves a detailed review of the company's salary policy, job categorization tables, individual remuneration records, and potentially interviewing relevant personnel, including the complainant and management. If discrimination is identified, SUNAFIL can issue orders for corrective actions, such as adjusting salaries or implementing new policies, and, if necessary, impose administrative sanctions and fines. Beyond reactive investigations, SUNAFIL also engages in proactive and preventive measures, such as sending informative letters to employers. These letters serve as an early warning system, reminding companies of their obligations and requesting information on their salary policies, thereby encouraging voluntary compliance before formal inspection processes are triggered.

The MTPE significantly contributes to monitoring and evaluation by developing and disseminating essential guidelines and methodological tools for employers. These resources, such as the "Guide containing reference guidelines for companies to prepare the table of categories and functions" (Ministerial Resolution No. 243-2018-TR) and the "Methodological Guide for the objective assessment, without gender discrimination, of jobs" (Ministerial Resolution No. 145-2019-TR), help standardize compliance efforts and provide clear benchmarks for evaluation. The MTPE also conducts awareness campaigns, training programs, and workshops to educate both employers and employees on the nuances of the law, promoting a culture of non-discrimination and equal opportunities in the workplace. Through these combined efforts—proactive guidance from MTPE and rigorous enforcement and monitoring by SUNAFIL—the Peruvian government aims to continuously assess the effectiveness of the law in reducing the gender pay gap and ensuring sustained pay equity across the national labor market, adapting strategies as needed based on observed outcomes and challenges.

Enforcement & Penalties

The enforcement of Peru's Equal Pay Law (Law No. 30709) is robust, with the National Superintendency of Labor Inspection (SUNAFIL) authorized to impose significant penalties for non-compliance. Failure to adhere to the obligations stipulated by the law and its regulations is classified as a "very serious infringement" by the labor authority. This classification underscores the gravity with which the Peruvian government views pay discrimination and the importance of upholding pay equity principles. The penalties are primarily in the form of administrative fines, the amount of which varies significantly depending on the severity of the violation, the number of affected workers, and the current value of the Peruvian Tax Unit (Unidad Impositiva Tributaria - UIT), which is adjusted annually. This tiered penalty structure ensures that sanctions are proportionate to the scale and impact of the non-compliance.

For employers not classified as micro or small enterprises (non-MSEs), fines for very severe violations, such as failing to have an objective salary policy, lacking a framework of job categories and functions, or not informing employees about the salary policy, can range from S/ 13,544.00 to S/ 270,529.50 (based on UIT values, which are subject to annual change). Specifically, the law allows for fines ranging from 5 to 1000 UIT, depending on the number of employees affected by the hostile act of discrimination. For example, a very serious infringement affecting 1 to 10 workers could incur a fine of 5 to 10 UIT, while affecting 101 to 200 workers could lead to 50 to 100 UIT, and over 1000 workers could result in 500 to 1000 UIT. This progressive scale aims to deter non-compliance across businesses of all sizes, with larger fines for more extensive violations or larger companies. The imposition of these fines is a direct consequence of SUNAFIL's inspection process, which is triggered either proactively through scheduled audits or reactively in response to employee complaints.

Beyond monetary fines, continued discrimination can have other serious legal ramifications for employers. If an employer persists in discriminatory practices, it can be considered a "hostile act" against the employee, as defined in Peruvian labor law. In such cases, employees have the right to initiate legal action to compel the employer to cease the discriminatory behavior and to restore their rights, including back pay for discriminatory wage differences. Furthermore, an employee may opt to treat the hostile act as an unjustified dismissal, which would then entitle them to seek indemnification for the termination of their employment, in addition to the cessation of the discriminatory practice. While the law primarily focuses on administrative fines and civil remedies, it emphasizes the employer's responsibility to ensure a non-discriminatory work environment, with provisions for preventing and sanctioning sexual harassment also falling under the broader umbrella of ensuring dignified working conditions. Employers have the right to an appeals process for these sanctions, typically following administrative law procedures, allowing them to challenge SUNAFIL's findings and penalties through established legal channels.

Relationship to Other Laws

The Peru Equal Pay Law (Law No. 30709) does not operate in isolation but is intricately woven into the existing fabric of Peruvian labor law and constitutional principles, forming a cohesive legal framework. It explicitly aligns with Article 2.2 of the Political Constitution of Peru, which unequivocally prohibits discrimination and guarantees equality of opportunities in labor relations. This constitutional mandate forms the foundational legal basis for the equal pay legislation, reinforcing its legitimacy and paramount importance within the national legal system. The law also builds upon and significantly strengthens Law No. 28983, the "Law on Equality of Opportunities between Women and Men," which previously established a general guideline of identical income for work of equal value. Law No. 30709 provides the specific, actionable mechanisms and concrete obligations to operationalize this principle, moving from a broad guideline to detailed employer duties regarding job evaluation, salary policies, and transparency.

Furthermore, the Equal Pay Law interacts with and complements other specific labor regulations. For instance, the provisions related to ensuring a dignified work environment and preventing sexual harassment, which are integral to a non-discriminatory workplace, are often linked to existing laws and procedures, such as Law No. 27942, the Law on Prevention and Sanction of Sexual Harassment. The implementation of internal procedures against sexual harassment, often required for companies above a certain size, contributes to the overall goal of fostering respectful and equitable workplaces, which is a broader aim of Law No. 30709. The law also implicitly draws upon the general framework of the Labor Productivity and Competitiveness Law (Decreto Legislativo N° 728 and its regulations, such as Decreto Supremo N° 003-97-TR), which governs general employment conditions, contracts, and remuneration structures. While Law No. 30709 introduces specific obligations for pay equity, it operates within the broader context of these established labor norms, ensuring consistency and integration within the legal system.

In cases of potential conflict or overlap, Law No. 30709 generally takes precedence as the specific legislation directly addressing gender-based pay discrimination, embodying the principle of lex specialis derogat legi generali (specific law overrides general law). Its regulations, approved by Supreme Decree No. 002-2018-TR, further clarify its application and provide detailed procedures for compliance and enforcement, ensuring that its provisions are effectively implemented. The law also modifies or extends existing anti-discrimination provisions, such as those found in Law No. 26772, to clarify that employment offers, access to training, and promotion opportunities must not be subject to discriminatory requirements based on gender. This demonstrates a clear legislative intent to strengthen and harmonize the legal framework against all forms of discrimination in the workplace, with a particular and emphatic focus on achieving genuine pay equity between men and women, thereby creating a more just and equitable labor environment in Peru.

International Context

Peru's Equal Pay Law (Law No. 30709) is deeply rooted in and aligned with international labor standards, particularly those established by the International Labour Organization (ILO), reflecting Peru's long-standing commitment to global human rights and labor principles. Peru has ratified key ILO conventions that underpin the principles of equal pay and non-discrimination in employment, demonstrating its dedication to these international norms. Specifically, Peru ratified ILO Convention No. 100 on Equal Remuneration in 1960 (ratified on February 1, 1960). This foundational convention mandates member states to promote and, in so far as is consistent with the methods in operation for determining rates of remuneration, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. Law No. 30709 directly implements this principle by requiring objective job evaluations and explicitly prohibiting gender-based pay discrimination, thereby fulfilling Peru's obligations under C100.

Furthermore, Peru has also ratified ILO Convention No. 111 concerning Discrimination in Employment and Occupation (ratified on August 10, 1970). This convention calls upon member states to formulate and carry out a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. Law No. 30709, by comprehensively addressing gender-based pay discrimination, directly contributes to Peru's obligations under Convention No. 111, as wage discrimination is a significant and pervasive form of discrimination in employment. The law's emphasis on objective criteria for job evaluation and remuneration, as well as its provisions for transparency and enforcement, aligns perfectly with the spirit and requirements of both conventions, which seek to eliminate both direct and indirect forms of discrimination in the world of work, ensuring fair treatment for all.

In a broader international context, the Peruvian Equal Pay Law reflects a significant global trend towards strengthening legal frameworks for pay equity, often driven by international commitments such as the United Nations Sustainable Development Goals (SDGs). Specifically, SDG 5 (Gender Equality) includes target 5.4 on recognizing and valuing unpaid care and domestic work and promoting shared responsibility, while SDG 8 (Decent Work and Economic Growth) includes target 8.5 on achieving full and productive employment and decent work for all women and men, including for young people and persons with disability, and equal pay for work of equal value. The law's comprehensive approach, including requirements for objective job evaluation, transparent salary policies, and robust enforcement mechanisms, mirrors best practices and recommendations from international bodies like the ILO and the Equal Pay International Coalition (EPIC), of which Peru is an active member. By enacting and rigorously enforcing this law, Peru demonstrates its commitment to upholding international human rights and labor standards, contributing significantly to the global effort to close the gender pay gap and promote genuine gender equality in the workplace, positioning itself as a leader in Latin America for pay equity legislation.

Implementation Timeline

Compliance Checklist

Sources and References