1. What are the main equal pay obligations for companies?
The main obligations for employers under current regulations (Law 30709 and Supreme Decree No. 002-2018-TR) are the following:
- Evaluating the jobs and preparing a table of categories and functions
- Preparing a salary policy
- Communicating the company's salary policy to personnel at the start of employment and whenever there are changes that could affect compensation
- Managing personnel salaries without direct or indirect discrimination
In case of noncompliance with any of these obligations, companies may receive fines of up to PEN 270,529.50. This is without prejudice to the risk of being sued for wage discrimination.
2. When is a good time to monitor compliance with equal pay obligations?
It is important to implement constant monitoring mechanisms to detect and correct any inconsistencies in the management of personnel compensation that could lead to discrimination. Additionally, we recommend an annual review to ensure that both the table of categories and functions, as well as the salary policy are aligned with the company's operations.
In addition, companies must verify compliance with these obligations more carefully in the following two key occasions:
- In the context of a personnel transfer process: The transfer of personnel from one company to another is always a complex process. In terms of compensation, the packages for different groups of employees must be harmonized. With this in mind, we recommend verifying (i) that the harmonization plan does not create a situation of salary inequity prohibited by law and (ii) whether it is necessary to update the legally required documentation.
- Prior to the start of a collective bargaining process: We recommend verifying that the company's documentation on equal pay covers all legally required points and ensures that any wage differentiation is justified by objective criteria. This will enable the company to share information on personnel salary management without incurring legal risks that could complicate collective bargaining.
3. What should you do if you failed to answer SUNAFIL’s request for information regarding equal pay last July?
If you were unable to respond to SUNAFIL’s request for information in July of this year, we recommend that you promptly review your company's documentation on equal pay (salary policy, table of categories and functions, and proof of communication of the policy) to ensure compliance with the legislation. The chances of SUNAFIL initiating an inspection procedure against your company in the coming months are comparatively higher.
If you are not yet compliant with the requirements regarding equal pay, we recommend that you implement them as soon as possible. This will reduce the likelihood of any administrative or judicial contingencies.
We hope this information is useful to you and your company. Please do not hesitate to contact us if you require any advice on this.
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