Fair Treatment
Equal Pay
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
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Currently Applicable Provisions
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 a 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 grounds of gender or discrimination in recruitment except in cases where employment of women is restricted or prohibited under the law.
Source: §4 of the Equal Remuneration Act 1976
Equal Pay Under State Laws
Equal Pay in Andhra Pradesh
No State laws and provisions under this topic.
Equal Pay in Maharashtra
No State laws and provisions under this topic.
Equal Pay in Karnataka
No State laws and provisions under this topic.
Equal Pay in Uttar Pradesh
Compounding - Giving an offender the opportunity to pay in lieu of prosecution, thereby avoiding prolonged litigation.
The Uttar Pradesh State Government has made an amendment to the Equal Remuneration Act, 1976. It has allowed a competent state authority to compound offences that have a fine only, or imprisonment up to a month, or both. This can be done on the application of the accused. In order for the same, the accused has to pay a compounding fee (50% of fine) in addition to the fine.
Source:Equal Remuneration (Uttar Pradesh Amendment) Act, 2017
Equal Pay in Rajasthan
No State laws and provisions under this topic.
Equal Pay in Tamil Nadu
No State laws and provisions under this topic.
Equal Pay Regulations in Gujarat
No woman worker should be discriminated against in the matter of wages.
Source: Section 13, Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
Equal Pay in West Bengal
No State laws and provisions under this topic.
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; § 4 of the Equal Remuneration Act 1976
Non-Discrimination Under State Laws
Non-Discrimination in Andhra Pradesh
No State laws and provisions under this topic.
Non-Discrimination in Maharashtra
For workers in Shops and Commercial Establishments:
No woman worker should be discriminated against for recruitment, training, transfer, or promotion on the basis of her gender.
Source: Section 13 of the Maharashtra Shops and Establishments (Regulation of Employment and conditions of service) Act, 2017
Non-Discrimination in Karnataka
For workers in Shops and Commercial Establishments:
No warehouseman will, in the conduct of their business, discriminate between persons desiring to avail themselves of the facilities of their warehouse.
Source: Section 19 of the Karnataka Warehouses Act, 1961
Non-Discrimination in Uttar Pradesh
The Equal Remuneration (UPA) Act gives a first-time offender an option to pay an additional fine (50%) after a prescriptive penalty of a fine or one-month imprisonment or both to acquit oneself from gender discrimination at the workplace.
Source: Equal Remuneration (Uttar Pradesh Amendment) Act, 2017
Non-Discrimination in Rajasthan
For Physically Handicapped Employees:
The physically handicapped person, called for interview, test or examination in respect of selection for employment, will be paid second class fare by Railway or actual ordinary Bus fare. The blind and deaf so employed may be given priority in allotment of Government accommodation wherever possible.
Source: Section 11 of the Rajasthan Employment of the Physically Handicapped Rules, 1976
Non-Discrimination in Tamil Nadu
No State laws and provisions under this topic.
Non-discrimination Regulations in Gujarat
No woman worker should be discriminated against in the matter of training, transfer or promotion or wages.
Source: Section 13, Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
No physically handicapped person should be employed unless: he is an adult and his name is registered at any employment exchange in the State. A certificate of fitness needs to be granted by Certifying Surgeon which would be in the custody of manager of the factory. This certificate should be accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work.
Source: Sections 4 and 5, Gujarat Physically Handicapped Persons (Employment in Factories) Act, 1982
Non-discrimination in West Bengal
No State laws and provisions under this topic.
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.
In Uttarakhand, through a notification dated 14.11.16, provisions for women workers to work between the hours of 07.00 PM to 10.00 PM and 05.00 Am to 08.00 AM have been made. This entails the following:
- They can’t work between 10pm and 5am.
- They can not work more than 9 hours a day.
- The factory manager will arrange and pay for the travel of the lady worker at these odd hours.
- The woman can’t be removed from employment if she refuses to work during the night.
- A canteen service will have to be provided for night meals.
- Before requiring women workers to work these shifts. the sector’s factory inspector needs to be informed and needs to be given at least 7 days to verify.
- The children of these lady workers need to be provided with childcare services.
- Adequate security needs to be provided for them.
Source: §19(1)(g) of Indian Constitution 1949; §27, 66 & 87 of the Factories Act 1948
Equal Treatment of Women at Work Under State Laws
Equal Treatment of Women at Work in Andhra Pradesh
No State laws and provisions under this topic.
Equal Treatment of Women at Work in Maharashtra
No State laws and provisions under this topic.
Equal Treatment of Women at Work in Karnataka
For workers in Shops and Commercial Establishments:
No woman is allowed to work whether as an employee or otherwise in any establishment during the night.
Source: Section 25 of the Karnataka Shops and Commercial Establishments Act, 1961
Equal Treatment of Women at Work in Uttar Pradesh
No female migrant worker should be employed by any contractor before 6 a.m. or after 7 p.m.
Source: Section 11, (ix), U.P. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1983
Equal Treatment of Women at Work in Rajasthan
For workers in Shops and Commercial Establishments:
No woman will be required or allowed to work whether as an employee or otherwise, in any establishment during night.
No owner or manager of an establishment will knowingly employ a woman, and no woman will engage in employment in any establishment during the six weeks following the day on which she is delivered of a child.
Source: Section 22 of the Rajasthan Shops and Commercial Establishments Act, 1958
Equal Treatment of Women at Work in Tamil Nadu
No State laws and provisions under this topic.
Equal Choice of Profession in Gujarat
No woman worker should be discriminated against in the matter of recruitment.
Source: Section 13, Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
Equal choice of profession in West Bengal
No State laws and provisions under this topic.
