Peru Pay Equity Overview

Overview

Peru's commitment to pay equity is deeply rooted in its constitutional framework, specifically Article 2, numeral 2, of the 1993 Political Constitution, which guarantees equality before the law and prohibits discrimination based on sex, among other grounds. This fundamental principle has guided the evolution of labor legislation, aiming to ensure fair remuneration and equal opportunities in the workplace. The nation has also demonstrated its dedication to international labor standards by ratifying key International Labour Organization (ILO) Conventions, including the Equal Remuneration Convention, 1951 (No. 100) in 1960, and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) in 1970.

Despite these legislative and international commitments, Peru continues to face a notable gender pay gap. Statistics from various sources indicate that women in Peru earn significantly less than their male counterparts. For instance, overall gender pay gap figures have been reported around 26.3%, with some data suggesting women earn up to 30% less than men for performing similar activities. More granular analysis reveals a pay gap of 26.2% in the public sector and 38.9% in the private sector for individuals holding a bachelor's degree or higher, favoring men. These disparities highlight persistent structural challenges and underscore the ongoing need for robust enforcement and proactive measures to achieve genuine pay equity across all sectors of the Peruvian economy. The government's efforts have progressively shifted from general anti-discrimination provisions to more specific and actionable pay equity regulations.

The legislative landscape has evolved over time, moving from broad anti-discrimination mandates to targeted laws addressing pay disparities. A significant milestone was the enactment of Law No. 30709, the Law Prohibiting Pay Discrimination Between Men and Women, in 2017, followed by its comprehensive Regulations in 2018. These instruments introduced specific obligations for employers, such as the implementation of objective job evaluation systems and transparent salary policies. This evolution reflects a growing recognition of the complexities of wage discrimination and the necessity for detailed regulatory frameworks to address both direct and indirect forms of pay inequality.

Regulatory Approach

Peru's regulatory approach to pay equity is predominantly mandatory, requiring employers to implement specific measures to prevent and address wage discrimination. The cornerstone of this approach is Law No. 30709, the Equal Pay Law, and its accompanying regulations, Supreme Decree No. 002-2018-TR. These legal instruments impose clear obligations on private sector companies to establish objective criteria for remuneration, ensuring that pay differences are based on factors other than gender. The emphasis is on transparency and the systematic evaluation of job roles to determine their equivalent value, thereby moving beyond the traditional "equal pay for equal work" to encompass "equal pay for work of equal value."

The compliance philosophy is rooted in proactive measures by employers, coupled with rigorous oversight by government agencies. Employers are required to develop and maintain a salary policy and a chart of job categories and functions, which must be based on objective criteria such as job tasks, required skills, and job profiles. This documentation serves as a primary tool for internal control and external verification of compliance. The National Superintendency of Labor Inspection (SUNAFIL) plays a critical role in supervising and fiscalizing adherence to these regulations. Audits for compliance began on July 1, 2019, for medium and large companies, and on December 1, 2019, for micro and small enterprises (Mypes), signaling a phased but firm enforcement strategy.

The enforcement style combines preventive actions with punitive measures. SUNAFIL actively engages in awareness campaigns and sends informative letters to employers, requesting details on their salary policies and job categorization systems. While these letters are initially preventive and do not carry immediate sanctions, ignoring them can trigger a formal inspection process. This dual approach aims to encourage voluntary compliance through guidance and information, while reserving the power to impose significant fines and other sanctions for non-compliant entities. The objective criteria for justifying pay differences, such as seniority, performance, education, and experience, are clearly outlined, providing a framework for employers to ensure legitimate remuneration structures.

Key Pay Equity Legislation

• RET-PE-NA-PERUCON-1993: Peru Constitution 1993 (Act, In Force (Amended), 1993)
  The Political Constitution of Peru, promulgated in 1993, serves as the supreme law of the land and the foundational document for all anti-discrimination and equal pay legislation. Article 2, numeral 2, explicitly establishes the right to equality before the law, prohibiting discrimination based on origin, race, sex, language, religion, opinion, economic condition, or any other reason. Furthermore, Article 24 guarantees the right to equitable and sufficient remuneration, ensuring that workers can achieve material and spiritual well-being for themselves and their families. These constitutional provisions lay the groundwork for the principle of equal pay and non-discrimination in employment, mandating the state to protect these fundamental rights.
• RET-PE-NA-PERANEM-1997: Peru Anti-Discrimination Employment (Act, In Force (Amended), 1997)
  Law No. 26772, enacted in 1997, specifically addresses anti-discrimination in employment. This act stipulates that job offers and access to educational training programs cannot contain requirements that constitute discrimination, annulment, or alteration of equal opportunities or treatment. It defines discrimination as any differentiated treatment lacking objective and reasonable justification, based on factors such as race, color, sex, religion, opinion, national origin, social origin, economic condition, marital status, or age. The law empowers the Ministry of Labor and Social Promotion to sanction individuals or legal entities that engage in such discriminatory practices, alongside any applicable indemnification.
• RET-PE-NA-PERGEEQ-2007: Peru Gender Equality Law (Act, In Force, 2007)
  Law No. 28983, the Law on Equality of Opportunities between Women and Men, was enacted in 2007 to establish a comprehensive normative, institutional, and public policy framework at national, regional, and local levels. Its primary objective is to guarantee women and men the exercise of their rights to equality, dignity, free development, well-being, and autonomy, preventing discrimination in all spheres of life, both public and private. The law mandates the state to promote and ensure equal opportunities, adopting necessary measures, including temporary affirmative actions, to eradicate all forms of discrimination and accelerate de facto equality.
• RET-PE-NA-PEREQPA-2017: Peru Equal Pay Law (Act, In Force (Amended), 2017)
  Law No. 30709, published on December 27, 2017, and entering into force on December 28, 2017, is a landmark piece of legislation specifically prohibiting pay discrimination between men and women. This law mandates employers to establish categories, functions, and remunerations that ensure the principle of equal pay for work of equal value. It requires companies to maintain or create job category charts based on objective criteria and to inform employees about the company's salary policy. The law also reinforces protections against dismissal or non-renewal of contracts due to pregnancy or lactation and considers salary reduction or demotion as hostile acts equivalent to dismissal.
• RET-PE-NA-PEPRXXX-2018: Peru Equal Pay Regulations (Regulation, In Force, 2018)
  Supreme Decree No. 002-2018-TR, approved on March 7, 2018, serves as the regulation for Law No. 30709. This decree provides detailed guidelines on how employers must comply with the Equal Pay Law. It specifies that employers must evaluate and group jobs into categories and functions using objective criteria, based on the tasks involved, necessary skills, and job profiles. The regulation explicitly states that objective job evaluation can be carried out using any methodology chosen by the employer, provided it does not involve direct or indirect discrimination based on sex. It also outlines the minimum content for salary policies and the obligation to inform employees about these policies.
• RET-PE-NA-PERGEEQ-2025: Peru Gender Equality Bill (Bill, Proposed, 2025)
  Bill 8731/2024-CR, approved by the Congress on November 19, 2025, represents a significant proposed change to Peru's gender equality framework. This bill aims to remove the concept of "gender" from existing legislation and replace it with "equal opportunities between women and men." Critics, including UN experts, have warned that this legislative change could weaken existing protections for women and gender-diverse individuals by narrowly defining equality through a biological sex prism, potentially undermining efforts to address structural discrimination and gender-based violence. The bill also mandates the adaptation of all state entities' documents and policies to this new concept within one year.

Covered Employers

The pay equity regulations in Peru, primarily Law No. 30709 and its implementing Supreme Decree No. 002-2018-TR, apply broadly to all employers operating within the private labor regime in the country. This comprehensive scope ensures that the principles of equal pay for work of equal value and non-discrimination are upheld across a wide spectrum of businesses, regardless of their size or sector. The legislation aims to create a level playing field for all workers, preventing discriminatory practices in remuneration from being perpetuated by any private entity.

While the regulations apply universally, the timeline for enforcement and specific compliance requirements have been phased in based on company size. The National Superintendency of Labor Inspection (SUNAFIL) commenced its supervisory and fiscalization activities for medium and large companies on July 1, 2019. This initial phase targeted larger entities, recognizing their greater capacity to implement the necessary structural changes, such as developing job evaluation systems and comprehensive salary policies. The staggered approach allowed for a more manageable transition and focused enforcement efforts on employers with a larger workforce.

Micro and small enterprises (Mypes), which constitute a significant portion of Peru's economy, were granted a longer period to adapt to the new regulations. SUNAFIL's audits for Mypes began on December 1, 2019. This differentiated approach acknowledges the potentially limited resources and administrative capacities of smaller businesses, providing them with additional time to establish the required job categorization charts and salary policies. There are no explicit sector-specific exemptions from the core pay equity obligations, meaning that all private sector employers, irrespective of their industry, are expected to comply with the principles of non-discriminatory remuneration.

Employee Rights

Employees in Peru are endowed with several fundamental rights concerning pay equity, stemming from the Constitution and reinforced by specific labor laws. Foremost among these is the right to receive equitable and sufficient remuneration, free from any form of discrimination based on sex. This right extends beyond equal pay for identical work to encompass equal pay for work of equal value, ensuring that jobs requiring similar skills, effort, and responsibility are compensated fairly, regardless of the gender of the person performing them. The legal framework prohibits both direct and indirect wage discrimination, meaning that even seemingly neutral policies that disproportionately affect one gender are considered unlawful.

To exercise these rights, employees have the right to be informed about their employer's salary policy and the objective criteria used to determine remuneration and career progression. Employers are explicitly obligated to communicate this information to workers upon their entry into the company, whenever there is a change in their occupational category, or when the remuneration policy is modified. This transparency is crucial for empowering employees to understand their compensation structure and identify potential discriminatory practices. Furthermore, the law protects employees from "hostile acts" by employers, which include unjustified demotion or salary reduction, allowing workers to take legal action to cease discrimination or seek indemnification for unjustified dismissal.

In cases where an employee suspects pay discrimination, they have the right to file a complaint with the labor administrative authority, specifically the National Superintendency of Labor Inspection (SUNAFIL). This process can be initiated by the affected party, leading to an investigation by SUNAFIL. Employees can also pursue legal action through the judiciary, requesting the homologation of their position or remuneration if they believe they are being paid less than a colleague in a similar position of equal value due to discriminatory reasons. The legal framework also provides specific protections against dismissal or non-renewal of employment contracts for reasons related to pregnancy or lactation, ensuring that family responsibilities do not lead to wage discrimination.

Governance & Enforcement Bodies

The governance and enforcement of pay equity regulations in Peru are primarily overseen by two key governmental institutions: the Ministry of Labor and Employment Promotion (MTPE) and the National Superintendency of Labor Inspection (SUNAFIL). The MTPE serves as the central authority responsible for formulating, planning, directing, coordinating, executing, supervising, and evaluating national and sectoral policies related to fundamental labor rights, including pay equity. It plays a crucial role in developing the normative framework, such as issuing referential guidelines for job evaluation and salary policies, to facilitate employer compliance with the Equal Pay Law and its regulations.

SUNAFIL, an specialized technical body attached to the MTPE, is the principal entity responsible for the supervision and fiscalization of compliance with socio-labor regulations, including those pertaining to pay equity. Its mandate involves conducting inspections, investigating complaints, and imposing sanctions on non-compliant employers. SUNAFIL operates at both national and regional levels, with regional labor offices also contributing to the oversight. The coordination between MTPE and SUNAFIL is essential for a coherent and effective enforcement strategy, ensuring that policy directives are translated into practical inspections and corrective actions in workplaces across the country.

Both institutions provide various channels for engagement and information. The MTPE's official website (gob.pe/mtpe) offers access to legal norms, policies, and guidance materials, while SUNAFIL's platform (gob.pe/sunafil) provides services for filing labor complaints, checking inspection statuses, and verifying inspector identities. These digital platforms enhance transparency and accessibility for both employers and employees seeking information or wishing to report non-compliance. The agencies also engage in awareness campaigns and technical assistance programs to educate stakeholders on their rights and obligations, fostering a culture of compliance and fair labor practices.

Monitoring & Compliance

Monitoring and compliance with pay equity regulations in Peru are primarily driven by the National Superintendency of Labor Inspection (SUNAFIL), which employs a multi-faceted approach encompassing inspections, complaint resolution, and proactive outreach. SUNAFIL is empowered to conduct labor inspections, either proactively or in response to employee complaints, to verify that employers are adhering to the obligations set forth in Law No. 30709 and its regulations. These inspections scrutinize whether companies have established and implemented objective job categorization charts and transparent salary policies, and if they are effectively communicating these policies to their workforce.

A key aspect of SUNAFIL's compliance strategy involves preventive measures, such as sending informative letters to employers. These letters request information on the implementation of salary policies and job evaluation systems, serving as an initial step to encourage self-correction and ensure awareness of legal requirements. While these informative letters do not carry immediate sanctions, a failure to respond or demonstrate compliance can trigger a formal inspection process. This proactive engagement aims to foster a culture of voluntary compliance, providing employers with an opportunity to rectify any shortcomings before punitive measures are considered.

Employers are mandated to maintain specific documentation to demonstrate compliance. This includes a detailed salary policy outlining principles and guidelines for remuneration, a chart of categories and functions that objectively groups positions based on tasks, skills, and job profiles, and evidence of having informed employees about these policies. The methodology used for objective job evaluation must be non-discriminatory and can be chosen by the employer, but its application is subject to review. Non-compliance with these documentation and communication requirements, or the existence of direct or indirect pay discrimination, is considered a very serious infringement, leading to potential penalties.

Penalties & Enforcement

The Peruvian legal framework establishes a clear system of penalties and enforcement mechanisms for non-compliance with pay equity regulations, primarily overseen by the National Superintendency of Labor Inspection (SUNAFIL). Employers found to be in violation of Law No. 30709 and its regulations face significant administrative fines. The severity of these fines depends on factors such as the size of the company and the number of affected workers. For employers not classified as micro or small enterprises (non-Mypes), fines can range from S/ 13,544.00 to S/ 270,529.50, based on the current value of the Peruvian Tax Unit (UIT). Micro and small enterprises, while subject to lower penalties, can still face fines amounting to S/ 32,550 for non-compliance.

Specific infractions that are considered very serious include failing to have a proper job categories and functions chart, not implementing a clear and objective salary policy, and not informing employees about the company's remuneration policy. Beyond these procedural violations, any verified act of direct or indirect pay discrimination based on gender can result in additional fines, potentially reaching S/ 12,600. These financial penalties are designed to act as a strong deterrent against discriminatory practices and to incentivize employers to invest in robust pay equity systems.

In addition to administrative fines, employees who experience pay discrimination have avenues for seeking remedies. Continued discrimination can be considered a "hostile act" by the employer, which may allow the employee to initiate legal action to cease the discriminatory practice or even consider it as an unjustified dismissal, entitling them to indemnification. The appeals process typically involves administrative recourse through SUNAFIL, followed by potential judicial review in labor courts. The legal system allows for workers to file lawsuits requesting the "homologation" of their position or remuneration, seeking to align their pay with that of colleagues performing work of equal value.

International Alignment

Peru demonstrates a strong commitment to international labor standards, particularly in the realm of pay equity and non-discrimination, through its ratification of key International Labour Organization (ILO) Conventions. The country ratified the Equal Remuneration Convention, 1951 (No. 100) in 1960, which mandates the application of the principle of equal remuneration for men and women workers for work of equal value. This convention emphasizes the establishment of rates of remuneration without discrimination based on sex and encourages objective appraisal of jobs.

Furthermore, Peru ratified the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) in 1970. This convention calls upon member states to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination. It broadly defines discrimination to include distinctions, exclusions, or preferences based on race, color, sex, religion, political opinion, national extraction, or social origin that nullify or impair equality of opportunity or treatment. These ratifications underscore Peru's dedication to aligning its national labor laws with global best practices for fair and equitable workplaces.

The principles enshrined in these ILO conventions are directly reflected in Peru's domestic legislation, such as the 1993 Constitution and the 2017 Equal Pay Law (Law No. 30709). The national laws explicitly incorporate the concept of equal pay for work of equal value and mandate objective job evaluation, which are central tenets of ILO Convention No. 100. While Peru is not a member of the European Union, its legislative efforts to combat gender pay gaps align with the broader international movement towards pay transparency and equity, as seen in global initiatives and directives. The ongoing challenge lies in the effective implementation and enforcement of these principles to fully close the persistent gender pay gap.

Future Developments

The landscape of gender equality and pay equity in Peru is currently subject to significant debate and potential reform, particularly with the recent approval of Bill 8731/2024-CR, referred to as the Peru Gender Equality Bill 2025. This bill, approved by the Congress on November 19, 2025, proposes to eliminate the concept of "gender" from the country's legal framework and replace it with "equal opportunities between women and men." This legislative change has drawn strong criticism from various human rights organizations and UN experts, who warn that it could represent a significant regression in Peru's efforts to promote equality and non-discrimination, potentially weakening existing protections for women and gender-diverse individuals.

The proposed law mandates that all state entities adapt their documents and policies to this new concept within one year. Critics argue that by narrowly defining equality through a biological sex prism, the bill undermines the broader, transformative aims of gender equality, which acknowledge the social and cultural realities that perpetuate inequalities. This shift could impact how issues like gender-based violence and discrimination are addressed in public policy, potentially reframing systemic problems as isolated incidents rather than outcomes of social inequality. The bill also reportedly removes references to sexual and reproductive health rights and limits access to comprehensive sex education, further raising concerns about its broader human rights implications.

The political outlook surrounding this bill suggests a contentious period ahead. Organizations such as Amnesty International and various Peruvian women's centers have rejected the legislation and urged the Presidency of the Republic to evaluate the law carefully, considering technical opinions from the Ministry of Women. If enacted, this reform could significantly alter the institutional and policy environment for civil society organizations working on gender equality and women's rights, potentially restricting their ability to advocate effectively and address structural discrimination. The full impact of this bill, if it becomes law, will depend on its final promulgation and subsequent interpretation and implementation by state entities.

Key Regulations

Title	Type	Status	Year
Peru Constitution 1993	Act	In Force (Amended)	1993
Peru Anti-Discrimination Employment	Act	In Force (Amended)	1997
Peru Gender Equality Law	Act	In Force	2007
Peru Equal Pay Law	Act	In Force (Amended)	2017
Peru Equal Pay Regulations	Regulation	In Force	2018
Peru Gender Equality Bill	Bill	Proposed	2025

Sources and References

Source	Type
Ministerio de Trabajo y Promoción del Empleo (MTPE)	official
Superintendencia Nacional de Fiscalización Laboral (SUNAFIL)	official
Ley N° 30709 - Ley que prohíbe la discriminación remunerativa entre varones y mujeres	official
ILO Convention C100 - Equal Remuneration Convention, 1951 (No. 100)	official
ILO Convention C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)	official