Jobs must be evaluated to see if they can be carried out by means of any methodology chosen by the employer, which should not imply direct or indirect discrimination based on the person’s gender.
The Executive Branch approved today a law that prohibits remunerative discrimination between men and women, informed the news agency Andina.
This regulation indicated the obligation of the employer to establish charts with the categories and functions of the jobs, in which there is a general description of the characteristics of each one of them.
“In addition, an order and hierarchy of categories must be established based on their value and the need for economic activity.”, they wrote.
Also, there must be an objective evaluation of the jobs, to see if they can be carried out by means of any methodology chosen by the employer, which should not imply direct or indirect discrimination based on the person’s gender.
The law also states that “under no circumstances, there are considered as objective and reasonable differences for a differentiation in remuneration those directly or indirectly linked to pregnancy, maternity, paternity, breastfeeding, family responsibilities or being a victim of violence”.
This regulation also indicates that workers belonging to the same category may receive different remunerations only when the reasons are justified by objective criteria. The employer who chooses to use variable remuneration schemes must ensure that the conditions established for the granting of this type of payment are objective and are based on the need for their economic activity.
