Below are the main points to consider regarding this campaign:
1. How should we respond if we receive a communication within the framework of this campaign?
Companies from different sectors have been receiving communications from the authority requesting that they submit their salary policy along with proof that they have notified their employees of this policy.
Here is some advice for companies that have received or will receive these communications in the coming days:
- Verify the deadline for complying with the request for information. It is important to be clear about when the deadline expires and avoid exceeding it.
- Review the details of the information requested and verify that your organization has the required documentation.
- If you do not have the required documents, take immediate action and amend the situation. If you act promptly, it is possible to take corrective measures in order to comply with the equal pay law and answer the request on time.
- Avoid ignoring or not responding to the authority's request as this increases the risk of subsequent audits and fines.
2. What does Peruvian legislation establish in terms of equal pay?
In 2017, Law 30709 was issued, and in 2018, its Regulation was approved by Supreme Decree No. 002-2018-TR. These regulations are intended to help close the gender wage gap in Peru.
The main equal pay obligations of employers under the two standards are as follows:
- Assess the value of each job position in the company (identify those that are of equal value) and prepare the table of categories and functions.
- Approve a salary policy.
- Communicate the company's salary policy to each employee when the employment relationship begins and when there is any change that may affect the compensation structure that applies to them.
- Manage personnel salaries without committing acts of direct or indirect discrimination.
Companies that fail to comply with these obligations may be sanctioned for committing serious or very serious labor violations, with fines up to PEN 270,529.50. This is without prejudice to the risk of being subject to lawsuits for wage discrimination.
To be considered
We recommend that employers verify that they have all the documentation required by law regarding equal pay. We also recommend that they analyze whether, within their companies, there are situations of wage inequity, opportunities for improvement, or complementary actions that can be implemented to strengthen salary management for their employees.
We hope that you will find this information useful. Please do not hesitate to contact us if you require any advice in this regard.
Spanish version
* * * * *
© 2024 Estudio Echecopar. All rights reserved. Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
