Published legislation and draft legislation - Peru

Law against gender-based wage discrimination

Act 30709

On December 28th, 2017, the law banning wage discrimination between men and women came into force, in accordance with the constitutional mandate on non-discriminatory opportunities in labor relations and the guidelines on equal pay for equal work described in  Act 28983, enforcement of which is the duty of the National Labor Supervisory Authority (SUNAFIL) and regional labor authority offices.

The regulation bans wage discrimination between men and women by setting categories, functions and wages that allow the principle of equal wage for equal work to be enforced.

Specifically, the law requires companies to introduce tables with categories and roles that set, the wages for each category, without gender discrimination. This measure must be implemented by companies within six months, dating from when the regulation comes into force.

The regulation also seeks to make job-creating companies ensure equality between men and women in their in-work training and job-skills development programs, as well as ensuring decent treatment, a work environment based on respect, a reasonable work/life balance, together with prevention and punishment of sexual harassment.

Within the framework of the provisions in ILO Convention 183 on maternity protection, the law bans corporate employers from firing or not renewing work contracts when the female employee is pregnant or lactating.

Finally, the regulation stipulates, among its secondary provisions, that natural or legal persons carrying out discriminatory actions may be fined with sums up to 3 tax units* or the temporary closure of the premises for up to one year.  

The supporting regulations to the law will be published within two months of the law coming into force.

* The value of 1 UIT (tax unit) for 2018 is PEN 4,150.00 (approx. USD 1,272).