Extent of Protection
In India, the Wage Code mandates the payment of equal remuneration to employees undertaking the same work or work of a similar nature. These provisions pertaining to equal remuneration prohibit discrimination on grounds of sex in matters connected with respect to employment, such as recruitment, promotion, etc and discrimination on grounds of gender with respect to ‘wages’.
The principle of ‘equal pay for equal work’ has also been enumerated under Article 39(d) of the Constitution, which requires the State to strive for securing equal pay for equal work, for both men and women.
Remedies
Under the Wage Code, an employee has the right to file a complaint with the concerned labour authorities with respect to contravention of the provisions pertaining to equal remuneration.
Enforcement/Litigation
Over the years, the principle of ‘equal pay for equal work’ has evolved through judicial precedents. Indian Courts have held that discrimination based on gender only arises when men and women perform the same work or work of a similar nature. For differences in educational qualifications or for those relating to responsibility, reliability or confidentiality, the said principle would not apply.
The constitutional principle of ‘equal pay for equal work’ has been upheld by Indian Courts with respect to temporary employees’ vis-à-vis permanent employees in the government sector in India, where temporary employees performing similar duties and functions as permanent employees, are entitled to draw wages at par with similarly placed permanent employees. The principle is required to be applied in all cases where the same work is being performed, irrespective of the class of employees.
Other Requirements
At this stage, there are no other legal requirements that exist in India.
