Law No. 30709, Law that Prohibits Pay Discrimination Between Men and Women, Peru, 2017

The objective of Law No. 30709 is to prohibit pay discrimination between men and women who have the same type of job. The law requires companies to keep charts detailing job categories, operations, and applicable payment. It recognizes that an employer must guarantee dignified work and a nondiscriminatory work environment. It also specifies that employers must guarantee protection against sexual harassment. The law recognizes that it remains illegal to terminate or not renew a woman’s employment contract because she is pregnant or breastfeeding. The law modifies the Legislative Decree 728 (Productivity and Labor Competition Law) to state that a demotion, salary reduction, or failure to comply with objective promotion requirements are acts of hostility comparable to dismissal. Also, it modifies articles of Law No. 26772 to require employers to inform their employees of their salary policies, to recognize that it is discrimination to pay different salaries to women and men that meet the same job requirements and perform the same tasks, and to address sanctions for discriminatory practices. Supreme Decree No. 002-2018-TR is the regulation that accompanies the law and it sets forth how employers must comply with Law 30709 and when differentiated pay is permitted. In 2021, Congress passed Bill 5933 which amends Article 29 of the Legislative Decree 728 to state that the prohibition against terminating or not renewing a woman’s employment contract due to pregnancy or lactation will also apply to part-time workers and women working at-will for a trial period. 

Topics

• Employment discrimination
• Gender discrimination
• Sexual harassment

Geographical location

• South America
• Peru

Keywords

• constitutional rights
• state responsibilities
• state duties

Year

• 2017

External URL

• Law No. 30709, Law that Prohibits Pay Discrimination Between Men and Women, Peru, 2017

Type

• Legislation

Jurisdiction

• Peru