Fair Treatment

Equal Pay

Equal Remuneration Act, 1976 requires employers to pay equal remuneration to workers for same work or work of a similar nature without any discrimination on the basis of sex.

The Act requires every employer not to pay to any worker the remuneration (payable in cash or in kind) at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work or work of a similar nature.

Law further obligates employers not to reduce the rate of remuneration of any worker for the purpose of complying with the provision of equal pay for same work or work of a similar nature.

Law further obligates employers not to reduce the rate of remuneration of any worker for the purpose of complying with the provision of equal pay for same work or work of a similar nature.

The Wage Code also prohibits gender discrimination in matters related to wages and recruitment of employees for the same work or work of similar nature. Work of similar nature is defined as work for which the skill, effort, experience, and responsibility required are the same.  Employers are prohibited from reducing the wages of a worker on the ground of gender or discriminate in recruitment except in cases where employment of women is restricted or prohibited under the law. 

The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. 

The Wage Code regulates wage and bonus payments in all employment.  The Code combines the provision of the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976. The Wage Code repeals the above 4 laws.

Source: §4 of the Equal Remuneration Act 1976

Non-Discrimination

The Constitution of India guarantees equality and prohibits discrimination on grounds of religion, race, caste, sex, birthplace, residence or any of them.

The Constitution guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen can, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

The Equal Remuneration Act also forbids discrimination in hiring, pay and conditions of employment between male and female workers engaged in the same or similar work, except where dissimilar treatment is mandated or permitted under the law.

The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. 

The Wage Code regulates wage and bonus payments in all employment.  The Code combines the provision of the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976. The Wage Code repeals the above 4 laws.

Source: §14-16 of Indian Constitution 1949 last revised in 2012; § 4 of the Equal Remuneration Act 1976 

Equal Choice of Profession

In accordance with the Constitution, every citizen has the right to practice any profession, or to carry on any occupation, trade or business subject to reasonable restrictions imposed under the law.  

Women in India cannot work in the same industries as men. According to the Factories Act 1948, women can't be employed in any part of a factory for pressing cotton in which a cotton-opener is at work. The Act further states that the daily work hour exemption cannot be granted for women workers and night work is also prohibited to them. Moreover the Act  prohibits employment of women in "dangerous" occupations.

The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. 

The Wage Code regulates wage and bonus payments in all employment.  The Code combines the provision of the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976. The Wage Code repeals the above 4 laws.

Source: §19(1)(g) of Indian Constitution 1949 last revised in 2012; §27, 66 & 87 of the Factories Act 1948

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