Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - India (Ratification: 1958)

The Committee notes the observations of the Food Corporation of India Handling-Workers’ Union (FCIHWU), received on 29 June 2018, and the Government’s reply. The Committee notes that the FCIHWU alleges that workers employed by one of the biggest Government entities under the “No Work No Pay” system do not receive equal remuneration for equal work compared to workers under the “Direct Payment System”. The Committee notes the Government’s reply that this issue falls outside the ambit of the Convention, as it does not relate to a question of discrimination of remuneration between men and women. In this regard, the Committee recalls that the Convention aims to guarantee equal remuneration for work of equal value for men and women. Therefore, in order to assess whether the issue raised by the FCIHWU is one of direct or indirect discrimination in remuneration on the basis of sex, the Committee asks the Government to provide information, disaggregated by gender, on the number of men and women engaged by Government entities under the “No Work No Pay” system and under the “Direct Payment System”.

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap and its underlying causes.  The Committee notes the Government’s information in its report on the Occupational Wage Survey in the service, plantation, mining and manufacturing industries, which was undertaken by the Ministry of Labour and Employment in 2016. From the data collected, the Committee notes that in nearly all the industries referred to, the average daily earnings of men are higher than those of women. In the synthetic textile industry, women can earn up to 41 per cent less on average than men. The Committee also notes that workers in industries where a majority of women are employed earn less on average than those in which a majority of men work. For example, women are more numerous in tea plantations, where the average daily earnings are INR 159 for men and INR 151 for women. In rubber plantations, where men represent more than half the workforce, the average daily earnings are INR 448 for men and INR 410 for women. The Committee notes that similar differences can be observed in the textile industry. Recalling that the V.V. Giri National Labour Institute (VVGNLI) was undertaking research on the gender pay gap, the Committee notes the Government’s indication that the study has not yet been completed. The Committee once again asks the Government to provide the results of the research undertaken by the VVGNLI on the causes of the gender pay gap once they are available and to indicate the follow-up measures taken or envisaged in cooperation with workers’ and employers’ organizations, including with regard to workers in rural areas and in the informal economy. The Committee also asks the Government to: (i) continue providing statistical information, disaggregated by sex, on the distribution of men and women in the different sectors and occupations and their corresponding earnings; and (ii) adopt specific measures to ensure the application in practice of the principle of the Convention to all workers, including men and women in the informal economy. The Committee finally requests the Government to provide information on the impact of these measures in terms of reducing remuneration differentials between men and women.

Article 2. Minimum wages.  The Committee previously noted that, given the over-representation of women in low-paying jobs, extending the legal coverage of minimum wages beyond workers in “scheduled occupations” may contribute significantly to addressing inequalities. The Committee recalls that the Government was elaborating a bill to extend the scope of application of the Minimum Wages Act, 1948, to all employment and to make the “national floor level minimum wage” (NFLMW) statutory, including for unskilled workers. The Committee welcomes the adoption and enactment in 2019 of the Code on Wages, replacing the Minimum Wages Act. It notes that under section 6 of the Code on Wages, “no employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate Government”. The Committee notes that section 9 of the Code on Wages empowers the Central Government to fix the floor minimum wage, taking into account the living standards of a worker, provided it may be fixed differently for different geographical locations. The Committee asks the Government to: (i) indicate whether section 6 of the Code on Wages allows for the fixing of minimum wages for all employment and not only for “scheduled occupations”, as under the Minimum Wages Act; (ii) clarify whether section 9 on the floor minimum wage applies to all workers, including unskilled workers; (iii) indicate whether any State Governments have fixed a minimum wage for domestic work; and (iv) provide information on how it ensures that rates are fixed based on objective criteria free from gender bias and, in particular, that sector specific wages do not result in the undervaluation of jobs predominantly occupied by women in comparison with those occupied by men. The Committee further reiterates its request for the Government to indicate the follow-up to the recommendations in the ILO India Wage Report 2017 to improve the minimum wage policy.

Article 3. Objective job evaluation.  In its previous comments, the Committee recalled that, in the follow-up to the conclusions of the Conference Committee on the Application of Standards in June 2010, the participants at the tripartite workshop on the Equal Remuneration Act (ERA), 1976, held in February 2012, recommended the development of a technical tool to assist constituents towards the progressive implementation of the principle of equal remuneration for men and women for work of equal value, and to build their capacity to undertake objective job evaluation free from gender bias. The Committee notes that once again the Government has not provided any information in this regard.  The Committee therefore once again requests the Government to take proactive steps, in cooperation with workers’ and employers’ organizations, to develop technical tools for the objective evaluation of jobs with a view to the effective application of the principle of the Convention and to provide information in this respect.

Enforcement.  The Committee takes note of the information provided in the Government’s report on the number of inspections conducted, the irregularities detected and rectified, as well as the number of prosecutions and convictions handed down between 2017 and March 2019 under the Equal Remuneration Act, 1976. The Committee notes the Government’s statement that there has been no court decision regarding the principle of equal remuneration for men and women for work of equal value. The Committee would like to draw the Government’s attention to the fact that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or the absence of practical access to procedures, or fear of reprisals (2012 General Survey on the fundamental Conventions, paragraph 870). The Committee once again asks the Government to undertake an in-depth analysis of the violations detected with a view to determining the measures necessary to reinforce the application of the legislation giving effect to the Convention, both at the central level and the level of state governments. The Committee also asks the Government to continue providing information on the activities of the labour inspectorate related to the application of the principle of the Convention and to supply information on the number, nature and outcome of relevant complaints dealt with by judicial and administrative bodies.

Awareness raising.  The Committee takes note of the Government’s indication that the Dattophani Thengadi National Board for Workers Education and Development has been imparting various training programmes at the regional, unit and village levels to raise the awareness of unorganized workers regarding various labour laws and schemes. Recalling the importance of ensuring that the principle of the Convention and the relevant national legislation is known and understood by workers and employers, the Committee encourages the Government to continue ensuring that training programmes and awareness-raising activities are undertaken, specifically on the principle of equal remuneration for men and women for work of equal value and the relevant national legislation, the available complaints procedures, including for the unorganized sector, and to provide information on the steps taken for this purpose.