Companies that do not comply with the Equal Pay Law will be fined up to 270 thousand soles

Companies that do not comply with the Equal Pay Law will be fined up to 270 thousand soles
Companies that do not comply with the Equal Pay Law will be fined up to 270 thousand soles

SUNAFIL in inspection campaign to verify compliance with equal pay obligations.

The National Superintendence of Labor Supervision (Sunafil) has launched a campaign to monitor compliance with equal pay legislation in different companies in the country. As part of this initiative, various organizations have been asked to submit their salary policy and proof of communication of said policy.

Companies that do not comply with these requirements face sanctions for serious and very serious labor violations, with fines that can reach S/270.529,50. Furthermore, failure to comply does not exempt them from the risk of facing lawsuits for wage discrimination.

Monica Pizarropartner of Echecopar Studyassociated with Baker & McKenzie International, shares the following recommendations for companies that receive Sunafil notifications:

  1. Check the deadlines for submitting the documentation requested by Sunafil. Avoid exceeding them, since the entity usually grants longer deadlines for the company to comply with the delivery of the information.
  2. Ensure that the organization has the necessary documents and, if not, take immediate action to correct any deficiencies.
  3. Respond in a timely manner. Avoid ignoring requests from the authority, as failure to do so may increase the risk of future audits.

Companies must have a category chart to contribute to equal pay| Canvas

In 2017, Peru enacted the Ley 30709 with the aim of reducing the gender pay gap. The following year, the regulations of this law were formalized through the Supreme Decree No. 002-2018-TRThese regulations impose several obligations on employers to ensure the equal pay in the country.

Companies must evaluate jobs and prepare a job category and function table. They must also develop and communicate a salary policy to all employees both at the beginning of the employment relationship and whenever changes arise that may affect the employee’s compensation structure.

Sunafil is responsible for ensuring that companies have a list of categories and functions. Otherwise, the company could be fined| Andina

The regulations also require companies to manage staff salaries without engaging in discrimination, whether direct or indirect. Penalties for failing to comply with these provisions can be severe. Fines can range up to S/270,529.50 for serious and very serious labor violations, without ruling out the possibility of lawsuits for salary discrimination.

Gabriela Salas Zuñigain an article on Gender Pay Gap in Peru and its Treatment: Reflections on the Equal Pay Law and its Regulations, noted in 2019 that Sunafil, the entity in charge of labor oversight, has intensified its role in the implementation and compliance of the Equal Pay Act in its first years of existence. The institution has issued inspection guides and protocols detailing the key points that will be evaluated during inspections, with the aim of making its actions transparent and increasing the effectiveness of the process.

Equal Pay Day: Women earn around 500 soles less than men in Peru, according to INEI | Mare Nostrum Business School

Despite these initiatives, experts say that existing guidelines and protocols are not sufficient. The documents represent only an initial step and it is necessary to provide the Sunafil of More resources and trained personnel. Only in this way can the frequency and depth of inspections be increased to detect and sanction wage discrimination. To date, the number of administrative rulings on wage discrimination is limited, despite the high number of inspections carried out in recent years.

The wage gap between men and women remains at 23%. That is, men earn about 500 soles more than women| Andina

The Equal Pay Act It also addresses, albeit superficially, the reconciliation of family and work life. This regulation does not impose specific obligations on employers, merely referring to the corresponding guide of the Ministry of Labor and Employment PromotionThe lack of precise guidelines allows many employers to avoid concrete measures to promote family conciliation, despite it being a crucial aspect in addressing the underlying causes of the gender pay gap.

Experts stress the need to specify these obligations in order to take a comprehensive approach to the problem of wage inequality, which is closely linked to the unequal distribution of domestic and care tasks.

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