In the modern world, the concept of equal pay for equal work has become an essential principle of fairness, equality, and justice in the workplace. Rooted deeply in labour law, this idea emphasizes that every individual, regardless of gender, race, or other distinguishing factors, should receive the same pay for performing identical tasks or work of equal value. This principle is not only a cornerstone of human rights but also essential for fostering a diverse and productive workforce.
1. The Legal Framework of Equal Pay
The right to equal pay for equal work is primarily derived from international conventions, national legislation, and court decisions that collectively enforce this principle. At the international level, the International Labour Organization (ILO) plays a crucial role in advocating for gender equality in wages and promoting non-discriminatory practices in the workplace.
The ILO’s Convention No. 100 (Equal Remuneration Convention, 1951) provides a framework for countries to adopt laws ensuring that men and women receive equal remuneration for work of equal value. Similarly, the United Nations has adopted Sustainable Development Goal 8 that targets decent work and economic growth, which includes equal pay for equal work as a key area of focus.
2. Indian Perspective on Equal Pay
In India, the Equal Remuneration Act, 1976, stands as a pivotal piece of legislation aimed at ensuring that men and women receive equal wages for equal work. The Act mandates that no employer shall discriminate on the basis of gender when paying wages for work of the same nature, setting forth the foundation for gender wage parity.
This Act, however, has faced criticism for its vague definitions and limited scope, especially when it comes to enforcing equal pay in practice. While the law applies to most sectors, there have been concerns about its effectiveness in ensuring that women, especially in unorganized sectors, are receiving their due remuneration.
3. Understanding Equal Work and Equal Value
The concept of “equal work” seems straightforward, but defining it in legal terms can sometimes be complex. In essence, “equal work” refers to the performance of tasks that are identical in nature, requiring the same level of skill, effort, and responsibility. However, the notion of “work of equal value” extends this principle to tasks that might not be identical but demand comparable levels of skill, responsibility, and effort.
For example, a male and a female employee working in different roles within a company may still be entitled to the same pay if the roles are of equal value, such as a male technician and a female customer service representative. Courts and labourtribunals often assess the “value” of work in relation to factors like skill level, responsibility, effort, and working conditions.
4. Challenges in Implementing Equal Pay
Despite the existence of legislation, achieving true pay equity is an ongoing challenge in many countries, including India. Some of the significant hurdles include:
Gender Stereotyping: Traditional gender roles often dictate which jobs are deemed “appropriate” for men and women. This stereotyping leads to undervaluing work traditionally performed by women.
Unconscious Bias: Hiring managers and employers may have implicit biases that influence their pay decisions, even if they are not consciously aware of it.
Lack of Transparency: Many companies and organizations do not openly disclose pay scales, making it difficult for employees to compare their salaries with colleagues performing similar tasks.
Socio-cultural Barriers: In some societies, deep-rooted cultural and social norms may make it difficult for women to demand equal pay for equal work, often leading to a systemic underpayment of women.
5. The Role of Labour Unions and Advocacy Groups
Labour unions and advocacy groups have played an instrumental role in pushing for equal pay reforms. By collectively bargaining for fair wages and taking legal action against wage discrimination, these organizations ensure that the rights of workers, especially women, are protected.
Advocacy groups often work alongside governments to promote awareness of pay equity, conducting surveys, educating workers, and lobbying for more stringent enforcement of labour laws. The role of such organizations is invaluable in creating a more transparent and equitable workforce.
6. Judicial Decisions on Equal Pay
The Indian judiciary has played a crucial role in reinforcing the principle of equal pay for equal work. In the landmark case of State of Punjab v. Darbara Singh, the Supreme Court emphasized that if the nature of work performed by two employees is similar, then the employer is obligated to pay equal wages irrespective of gender.
In Randhir Singh v. Union of India, the Supreme Court further elaborated that “equal pay for equal work” is a constitutional right under Article 14 (Right to Equality) and Article 39(d) (Equal Pay for Equal Work) of the Indian Constitution. The Court ruled that any discrimination in pay based on gender or other irrelevant factors violates constitutional principles.
7. The Way Forward
To truly achieve equal pay for equal work, the following measures should be prioritized:Strengthening Enforcement: Stricter enforcement of the Equal Remuneration Act and better monitoring mechanisms can help reduce discrimination in pay practices.
Pay Transparency: Employers should be encouraged to make pay structures more transparent, allowing workers to compare their wages with those in similar positions.
Public Awareness Campaigns: Governments and non-governmental organizations should run awareness campaigns to educate workers about their rights under labour laws.
Gender-Neutral Job Evaluation: Job evaluation systems should be gender-neutral, ensuring that roles are assessed based on their true value rather than gender-based assumptions.
8. Conclusion
Equal pay for equal work is not just a matter of legal compliance; it is a moral and ethical imperative for a just society. It reflects the fundamental principles of fairness, dignity, and equality, empowering all workers to receive what they rightfully deserve. As society continues to evolve, the fight for equal pay should remain at the forefront of labour law reforms, ensuring that every individual, irrespective of gender or background, is valued equally for their contribution to the workforce.
By upholding this principle, we can work towards an inclusive and fair work environment where all individuals, regardless of their gender, are compensated justly for the work they perform.
by……
Indramani Kumar
4th year BB.A LLB student
Lovely Professional University
