Labor Authority Steps Up Efforts to Promote Pay Equality in Peru

Peru's National Superintendence of Labor Inspection (SUNAFIL, as per its Spanish acronym) has started sending informative letters to employers as part of a strategic effort to reinforce pay equality and non-discrimination in the workplace. These letters request information on implementing salary policies to ensure compliance with pay equality regulations. SUNAFIL aims to send out 15,000 of these letters by 2024.

Implications of Ignoring the Informative Letters

Informative letters are part of SUNAFIL's preventive measures and do not impose immediate sanctions. However, ignoring them can trigger an inspection process. This process aims to verify whether employers are fulfilling the obligations established under Law No. 30709, which prohibits salary discrimination between men and women, along with its regulations.

Employer Obligations to Ensure Pay Equality

According to Law No. 30709 and its regulations, employers in Peru must:

• Establish job categories and functions.
• Implement a clear salary policy.
• Inform employees about this policy.

Potential Penalties for Employers

If SUNAFIL initiates an inspection process, employers may face penalties for very severe violations, including:

• Failing to have a salary policy.
• Lacking a framework of job categories and functions.
• Not informing employees about the salary policy.

For employers not classified as micro or small enterprises (non-MSE), fines can range from S/ 13,544.00 to S/ 270,529.50, depending on the number of affected workers and the current value of the Peruvian Tax Unit (UIT as per its Spanish acronym).