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Peru – Audits of compliance with gender pay gap legislation to start in July

Written by
Estudio Olaechea, one of Peru’s top firms, with 140 years of experience.
Peruvian authorities will begin inspections this summer to check whether organisations are complying with the Law of December 2017 prohibiting pay discrimination between men and women.

From 1 July 2019, the Peruvian National Labor Inspection Superintendency (Sunafil), will begin inspections to check for compliance with the obligations established in Law No. 30709, that prohibits pay discrimination between men and women, and the related Regulations (approved by Supreme Decree No. 002-2018-TR). For micro and small-sized enterprises, the audit will start from 1 December 2019.

On 26 December 2017, Law No. 30709, which prohibits pay discrimination between men and women, was published in the Official Gazette ‘El Peruano’. A Regulation, (approved by Supreme Decree No. 002-2018-TR) establishing the need to determine categories, functions, and remuneration to promote the principle of equal pay for equal work was also published. Other complementary measures were also published subsequently.

A failure to comply with any of the obligations established by these regulations will be considered a very serious infringement by the labour authority. The company will be sanctioned with a fine, the level of which will depend on the number of workers affected.

Consequently, organisations must have all the documentation required by the Law relating to employee categories, functions and remuneration policies in order before 1 July 2019 and ensure information relating to the compensation scheme has been communicated to employees, among other requirements, to avoid being sanctioned.

José Antonio Valdez
Partner - Peru
Estudio Olaechea