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

Individual Case (CAS) - Discussion: 2010, Publication: 99th ILC session (2010)

A Government representative stated that the empowerment of women and assisting them to secure equal status in all sectors of the economy were matters of the highest priority that were being pursued through the implementation of various policies. India’s policy of positive discrimination in favour of working women comprised such elements as reserving a part of such welfare programmes as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) exclusively for women, ensuring their participation in village councils (panchayats) and municipalities, and establishing vocational training institutes exclusively for women. The appointment of women members to the advisory committees of welfare funds for workers was compulsory, and women’s cells in establishments and offices had been established to safeguard against sexual harassment.

Legislative measures had also been taken: a law to reserve one third of Parliamentary seats for women was being developed; and the Ministry of Women and Child Development, in consultation with the National Commission for Women, and after holding wide-ranging consultations with various stakeholders, was working on a draft law entitled the “Protection of Women and Sexual Harassment at the Workplace” Bill. The Protection of Women from Domestic Violence Act provided legal recourse for women who were victims of domestic violence. The recent enactment of the Unorganised Sector Workers’ Social Security Act was a significant legislative achievement that would facilitate the formulation of policies and welfare programmes for the vast majority of women working in the informal sector. Additionally, the Rashtriya Mahila Kosh, a national credit fund for women, was providing micro-finance on generous terms to poor women in the unorganized sector.

He indicated that the Sarva Shiksha Abhiyaan (Education for All) programme offered several incentives to enhance the retention of school girls, and that a plan seeking to create a judicial and legal system more sensitive to women’s issues and to mainstream a gender perspective into the entire development process was being formulated. The Government had also resorted to “gender budgeting” to maintain a gender perspective at all stages of planning and resource allocation. Other programmes to further the empowerment of women (Swashakti, Swayamsidha, Support to Training and Employment Programme (STEP), Swavlamban and Swadhar) addressed a broad spectrum of issues, including shelter, security, legal aid, maternal health, skills development and access to credit. The MGNREGA, which required one third of its participants to be women, was an important means of assuring fair livelihood opportunities for rural women. The participation of women in this scheme had been steadily rising and now stood at 51 per cent. A study on the scheme’s functioning revealed that women were taking their wages directly, contributing to household expenses, spending on children’s education and repaying debts; the scheme had reduced wage disparities between men and women rural workers considerably and had increased the participation of rural women in the workforce. He added that 11 training institutes had been set up exclusively for women, and 12 more had been proposed. The Government had introduced a scheme to upgrade these institutes into “Centres of Excellence” and had launched a new project on skill development initiatives.

With regard to the comments of the Committee of Experts on the gender pay gap, he stated that strict enforcement of the Equal Remuneration Act was undertaken at the central level, while state governments had appointed competent authorities and also established advisory committees under the Act. He indicated that implementation of the labour laws fell to provincial governments and that, in order to improve the enforcement machinery, a meeting with all provincial labour ministers had been convened in January 2010 in which implementation issues had been discussed exhaustively. Data were being compiled on trends in the daily earnings of men and women in the manufacturing, mining, plantation and service sectors. In this regard, he noted that gender-based wage disparities persisted. Although the disparities were partially due to non-discriminatory factors, such as length of service, they remained a concern of the Government and were being addressed.

A new Centre for Gender and Labour had been established in the V.V. Giri National Labour Institute (NLI) to strengthen the understanding of gender issues in order to counter sex-based discrimination and marginalization in the workplace. The Centre’s priority research areas included: gender and the labour market; trends in women’s employment in the urban informal sector; and gender sensitivity in existing labour laws. The Government was also considering the possibility of undertaking research on the functioning of the Equal Remuneration Act in order to strengthen that law. The Government shared the concern of the Committee of Experts regarding the need to create awareness of the Equal Remuneration Act, and had therefore implemented a scheme to aid NGOs to undertake awareness-raising campaigns on the Act. Also, the Central Board for Workers’ Education (CBWE) under the Ministry of Labour and Employment had organized training programmes, targeting women workers in the rural and informal sectors, to raise awareness of the protection provided by labour law. He indicated that copies of court judgements relating to the Equal Remuneration Act, which the Committee of Experts had requested, would be submitted to the Office, and concluded by reiterating his Government’s commitment to promoting equality and decent work opportunities for women and men.

The Employer members noted that the measures announced by the Government representative, including measures to ensure the access of women to education, could create the necessary preconditions for the advent of equal pay between men and women. The Committee had already examined this case three times, most recently in 1991. Articles 1 and 2 of the Convention established the principle of equal pay for work of equal value without discrimination based on sex and the modalities of implementation of this principle. The Indian legislation of 1976 on equal remuneration required employers to pay equal remuneration to men and women for the same work, or work of a similar nature, which in the opinion of the Committee of Experts was too restrictive and did not give full effect to the provisions of the Convention. However, it could be considered that the concept of “similar work” went beyond “work of equal value”. The most important thing was that this principle was being applied in practice and that the Government was solving problems related to the implementation of the Convention. The existence of these problems had been confirmed by the Government representative. The many measures taken by the Government in this regard, including the communication to the Committee of Experts of statistical data, deserved to be commended. The Government should continue analysing the problems arising out of any further studies in this area. As requested by the Committee of Experts, the Government should also take measures with a view to promoting the use of objective job evaluation methods, possibly with the involvement of the social partners and, in general, intensify measures to give effect to the Convention. The positive signal sent out today should continue through the collection of statistical data, the strengthening of labour inspection at the regional level, and the provision of additional information regarding the measures mentioned by the Government.

The Worker members indicated that there were considerable differences between the remuneration of men and women in India. They admittedly had their origins in economic and social factors that were common to many countries, but also in the national legislation and its application in practice. With regard to the legislation, the concept of “work of a similar nature”, as set out in the legislation, was more restrictive than the concept of “work of equal value” contained in the Convention, which also encompassed work of a completely different nature, but which was nevertheless of equal value. Based on the case law of the Supreme Court, the Government considered that it was not necessary to amend the law, especially as, according to the Government, the concept of work of equal value could not be quantified. In practice, it was the content of work that had to be compared. By ratifying the Convention, India had undertaken to promote the objective appraisal of jobs on the basis of the work to be performed. However, it could be observed that the classifications used in sectors that were mainly or exclusively female systematically underestimated the nature and the real value of the work performed by women. The Government was circumventing this essential issue by claiming that the legislation did not refer to job classification. With regard to monitoring the application of the law, although supervision had been reinforced at the central level (an increase in the number of inspections, violations reported and prosecutions set in motion), the same was not true at the state level (fewer inspections and an insignificant number of violations reported). The gap was enormous and the central Government did not appear to wish to strengthen supervision at the state level or to allow unions to lodge complaints. The Worker members concluded by recalling that the wage gap between men and women was substantial and that violations were very widespread, but were not penalized at the state level. Even so, the Government did not appear to be ready to amend the law or to strengthen its enforcement.

A Worker member of India indicated that the labour force participation of women remained much lower than that of men, principally due to wage rates for women being lower than those applicable to men for comparable occupations, and women being denied access to certain occupations. She added that considerable differentials in the earnings of men and women continued to exist even when they were engaged in the same occupation. In agriculture, for instance, there was a gender-based division of labour with men doing the ploughing and women doing the transplanting and weeding. These were jobs of similar value and in fact the jobs that women did were even more physically taxing, yet women earned only 70 per cent of what men earned. Even in the organized sectors, such as the cashew or fishing sectors, women did the labour intensive work of cleaning and sorting while men did the transporting of the products, and women earned 20–30 per cent less than men.

She emphasized that in the labour intensive industries of the organized sector, such as the cashew and coir industries, women who had been working for 20 to 30 years still earned only the minimum wage. In many health and mother and child care programmes, where the majority of the employees were women, there was no minimum wage and women were even expected to work as volunteers. For instance, the Integrated Child Development Scheme, which had been in existence for over 35 years and employed around 2.4 million women, involved highly responsible work for the local government for which women did not receive the minimum wage or other worker benefits.

Recently, under the pretext of creating employment opportunities for women, some local governments had deployed women as garbage collectors, but without any minimum wage or social security coverage, even though they were engaged in hazardous work. In the textile industry, there were programmes employing young women presumably helping them to pay their dowries at the time of marriage, a discriminatory practice which was banned by law. Workers were only paid after three years. During this period they only received food and housing. Under the circumstances, it was important for the Government to take responsibility for the implementation of the Convention in practice and to that end it should engage more trained and gender-sensitized officers within the Labour Department.

Another Worker member of India questioned the veracity of the statistical data provided by the Government and denounced the neo-liberal policies that the Government had launched, including: the new scheme of self-certification by which each individual employer certified that relevant labour laws were being followed in his establishment and was consequently exempt from bothersome inspections; the increasing use of “volunteers” by the Central and State governments; Special Economic Zones, where labour laws were even more difficult to implement; and the failure to amend the Equal Remuneration Act, contrary to the advice of the Committee of Experts. He therefore called upon the Government to change its policy in favour of women, carry out an objective job evaluation, amend the Equal Remuneration Act and ensure its implementation with the involvement of all the central trade unions. Finally, he requested the Committee of Experts to continue monitoring the application of the Convention in a time-bound manner.

The Government member of Egypt stated that the Government of India had provided important clarifications concerning the application of the Convention. Measures had been taken with a view to improving the working conditions of women, guaranteeing their maternity benefits and ensuring legislative conformity with the requirements of the Convention. The Government’s concrete commitment to the elimination of all forms of discrimination, in both the formal and informal sectors, had given rise to other measures, especially the implementation of social security legislation for working women. The Committee should take into account the Government’s efforts and provide adequate assistance in this matter.

The Worker member of the Netherlands referred to the principle of equal remuneration for men and women workers for work of equal value and indicated that the Convention did not just require measures to prevent pay discrimination between men and women doing the same work, but also required equal pay for work of equal value. The Convention therefore required the promotion of an objective system of appraisal of work on the basis of the work to be performed. Low wages for women workers reflected the intolerable prejudice that work performed by women was of less value precisely because it was performed by women. In the light of the clear examples of differences in job evaluations within sectors, such as the agricultural sector, she called for measures to ensure that job classification systems were transparent and free of gender bias. Job comparisons could be made both within a particular pay or grading structure and between different structures or departments. Where women workers were paid less than men and the criteria applied were unclear, legal measures should guarantee that the employer would carry the burden of proof that the system was not discriminatory.

By ratifying the Convention, the Government had accepted the responsibility for the development of fair and transparent pay systems based on objective methods of appraisal, irrespective of the worker’s sex. It was not enough for the Government to just state that there was no job classification explicitly referring to the worker being male or female in the Minimum Wage Act. In consultation with the social partners, the Government was requested to start taking measures to develop an objective method based on criteria that were related to job performance. This would apply to jobs in different sectors, such as health and caring sectors, where the pay gap was higher and women were over-represented. It was unfortunate that statistics on the exact situation were not available, but the examples provided by the Worker members suggested that in India care workers were also paid less than workers with equal responsibilities in other sectors. Considering India’s large informal economy, it was relevant to take specific measures to ensure that work performed in the informal economy that was of equal value to that performed in the formal economy was paid equally. As a large part of the wage gap was explained by the lower value given to women workers, the development of a job evaluation system based on objective criteria valuing the job done was the only way to end discrimination in the labour market.

The Government member of Belarus referred to the enormity of the task facing a Government that had to effectively manage the labour resources in a country of 1 billion people and considered that in fairness the Government’s efforts should only be described as commendable. Many specific issues, such as the gender remuneration gap and the enforcement of appropriate legislation were being properly addressed by the Government, which should be recognized by the Conference Committee. He was confident that the outstanding issues, which appeared largely technical in nature, and could be subject to differing interpretation of certain legal norms and would continue to be addressed by the Government in the same spirit of responsibility and respect for ILO standards that it had demonstrated thus far. The information just provided by the Government on a number of very specific schemes aiming to further empower women was particularly convincing. He noted the earlier proposal regarding possible technical assistance to the Government, and stated that he would support such a proposal provided that it was approved by the Government as meeting the specific needs of the country.

The Worker member of Brazil expressed concern at the Government’s attitude towards the trade union movement on the issue under discussion. Although Article 4 of the Convention explicitly stated that governments should cooperate with interested organizations in giving effect to the provisions of the Convention, the Government had ignored the suggestions made to that end by the Centre of Indian Trade Unions (CITU), which was unacceptable as the trade union movement could contribute to reducing the wage gap between men and women and should therefore be considered a partner. It was essential for the Government to take specific measures to begin the process of reducing wage gaps with a view to eradicating them altogether, a request that came not only from the ILO but also from the United Nations Committee on the Elimination of All Forms of Discrimination against Women. Lastly, he emphasized that, even if equality was guaranteed in law, it did not exist in practice. It was vital for the Government to acknowledge the situation in order to be able to solve it. In taking steps to reduce wage gaps, the Government would require assistance.

The Government representative stated that his Government respected the basic principles for which ILO stood, but felt dismayed of being short-listed. He recalled that India was an evolving society and had labour-friendly legislation and a vibrant judicial system. Some of the Government’s flagship schemes on labour matters were emulated as international best practices.

Turning to specific issues, he stated that the Government’s basic approach with regard to women’s issues, including remuneration, was to empower women because deprivations, inequalities and discrimination arose from the socio-economic status of women. In this respect, he highlighted the following: (1) the principle of 33 per cent reservation for women in local self-government; (2) education for all was now a fundamental right enshrined in the Constitution; (3) the implementation of a national scheme guaranteed employment for 100 days a year. The scheme, which was financed to the amount of US$8.7 billion, provided employment for 88 million people, 51 per cent of whom were women.

He added that the Government appreciated that there had to be tripartite consultations and involvement of the trade unions and civil society in the implementation of measures. Regarding the observation that there was a lack of studies, he reiterated that the National Labour Institute would receive further terms of reference for future studies. Regarding the concepts of similar jobs and equal value, he reiterated that legal definitions should be read in conjunction with judicial interpretations and it was in this sense that reference had been made to the five judgements of the Supreme Court. Regarding certain other categories of workers, he noted that court decisions stated that those categories of workers could not be categorized as equal workers. However, equal remuneration should not be confounded with minimum wage entitlement. He concluded by stating that the Government would consider all observations and would attempt to implement those observations nationally, taking into account the country’s size and diversity.

The Employer members welcomed the Government’s willingness to improve the application of the Convention in practice. They noted that few countries had implemented the principle of equal pay by using the term “work of equal value”, and that India’s understanding was similar to that of most States parties to the Convention. They observed that the General Survey on Equal Remuneration had already highlighted this problem of implementation of the Convention in 1985. They also noted the Government’s indication that measures had been taken to make possible equal access to equal occupations, and equal remuneration irrespective of gender. They cautioned, however, that this should mean equal access to education and encouraged the Government to continue along this way and to provide the Committee of Experts with further information so that it could assess whether genuine progress had been made.

The Worker members recalled the remarks they had made in their first intervention, and while welcoming the measures already taken by the Government, they considered that the Government should have been able to make more efforts to respect the obligations deriving from the Convention. First of all, the Government had to revise theEqual Remuneration Act 1976 and replace the notion of “work of a similar nature” by that of “work of equal value”. Secondly, the Government should adopt, with the technical assistance of the ILO, an action plan which should include: carrying out a detailed study on the causes of the wage differences observed; promoting the objective evaluation measures of occupations and employment; promoting awareness among men and women workers about their right to equal pay; granting trade union organizations the right to submit complaints; increase participation of women in the review of complaints; and reinforcing monitoring of the application of priority legislation at the state level. Thirdly, the Government should as soon as possible generalize and increase the minimum salary in order to remedy the wage difference of the poorest female workers. All measures that the Government might take in this respect should be the subject of a detailed report.

Conclusions

The Committee noted the information provided by the Government representative and the discussion that followed. It noted that the Committee of Experts had referred to the wide gender remuneration gap and to section 4 of the Equal Remuneration Act 1976. It had also noted that very few violations concerning equal remuneration had been detected at the state and union territories levels, and the need to strengthen enforcement of the relevant legislation and awareness raising regarding the principle of the Convention, as well as to promote the use of objective job evaluation methods.

The Committee noted the information provided by the Government regarding a range of measures being taken aimed at women’s empowerment, including the following: the National Policy for the Empowerment of Women; training, skills development and micro-finance initiatives; the establishment of a new Centre for Gender and Labour in the National Labour Institute, and the National Rural Employment Guarantee Scheme; the meeting with all the provincial labour ministers in January 2010 to discuss the implementation of the Equal Remuneration Act; and the compilation of data under preparation on trends in earnings of men and women in selected sectors.

Recalling the importance of ensuring equal remuneration not only for work that was the same or similar for men and women, but also for work of equal value in compliance with the provisions of the Convention, the Committee welcomed the Government’s indication that the Centre for Gender and Labour would be addressing as priority areas of research gender issues in the labour market and gender sensitivity in the laws. The Committee asked that it be ensured that such research encompass an in-depth study into the reasons for the wide gender remuneration gap and the effectiveness and implementation of the Equal Remuneration Act with respect to promoting the principle of the Convention, as well as the impact of the minimum wage system on equal remuneration. The Committee urged the Government to follow up actively on such research, with the cooperation of employers’ and workers’ organizations, to ensure equal remuneration for men and women for work of equal value in compliance with the provisions of the Convention in law and in practice.

Sharing the concern of the Committee of Experts regarding the low number of violations of the Equal Remuneration Act detected at the state and union territories levels, the Committee asked the Government to reinforce awareness raising among workers, employers, their organizations and enforcement authorities throughout the country of the principle of equal remuneration for work of equal value in compliance with the provisions of the Convention, the relevant legal provisions and the avenues of dispute resolution. The Committee also urged the Government, in cooperation with workers’ and employers’ organizations, to take the necessary measures to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in compliance with the provisions of the Convention in the public and private sectors.

The Committee asked the Government to provide full information on the matters raised by this Committee and the Committee of Experts in its report when it was next due, including relevant statistical information disaggregated by sex, and to avail itself of ILO technical assistance in order to enable it to bring its law and practice into full conformity with the Convention.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

The Government has communicated the following information:

In regard to the reference by CITU and Bharatiya Mazdoor Sangh concerning difficulties in the prosecution of violations by the Equal Remuneration (Amendment) Act of 1987, section 12 of the Act of 1976, as amended, empower the Courts to try any offence punishable under the Act on the basis of a complaint made by the person aggrieved or by a recognised welfare institution. The following social welfare organisations have been recognised for the purpose of filing complaints in the Court against Development Studies, New Dehli; the Self-Employed Women's Association, Ahmedabad; the Working Women's Forum (INDIA), Madras, and the Institute of Social Studies Trust, New Delhi. The Government of India hopes that the deterrent penalties now provided would go a long way in minimising violations of the Act.

The issues raised in paragraph 2 of the Committee of Experts' observation concern a number of state governments. In regard to paragraph 2 (c), the Government of Assam has reported that the same rates of wages have been fixed for both the men and women workers engaged in construction operation at the rate of 19 rupees for skilled workers and 17 rupees for unskilled workers daily. In plantations, wages are fixed by bilateral agreement between the management and the workers' union and as such it varies from industry to industry. In respect of paragraph 2 (a), the State Government of Bihar has reconstituted an Advisory Committee under the chairmanship of the Minister of Labour, Planning and Training under section 6 of the Equal Remuneration Act, 1976 for 24 institutions/organisations approved by central government. Local officers have been advised to implement the provisions of the Equal Remuneration Act properly for the purpose of payment of equal remuneration, provision of proper facilities and the improvement of the position of female workers engaged in beedi-making and other indutries. In 1988, under the Minimum Wages Act, 1,280 beedi organisations were inspected and 128 claims and 20 complaints were made in the courts in the State of Bihar.

The Government of West Bengal has reported that the allegation that inequality of remuneration persists in the government sector in West Bengal is not correct because after the Equal Remuneration Act, 1976 came into force, no discrimination has occurred in fixing/revising minimum rates of wages in any scheduled employment.

The Government of Maharashtra has admitted that in some districts cases have come to light where the agricultural labourers were paid less than the minimum rates of wages. However, the state officials and inspectorate staff are taking suitable action to enforce the minimum rates of wages in agricultural employment vigorously. As regards the workers employed in the the year 1986 the state officials inspected 860 establishments under the Minimum Wages Act, 1948, and it is observed that 4,116 workers were paid less than minimum rates of wages. The state officials directed the respective defaulting employers to pay the wages to their employees as per minimum rates of wages. In 1987, the inspectorate visited 1,032 establishments and accordingly 2,725 workers have benefited by increased payments. In 1988, the workers benefited by increased payments. These data also show that construction industries are paying their employees at the rates of minimum wages prescribed.

The Government of Kerala has indicated that construction of roads building, etc. is a scheduled employment under the Minimum Wages Act which is being implemented. No complaints of non-payment of notified wages has ever been made to the authorities. In the State of Kerala the workers are getting higher rates of wages than the notified rates. In view of the above, the Committee's observation has no bearing on the situation prevailing in Kerala. The other industries mentioned in the Committee of Experts' observations, i.e. plantations, agriculture, beedi-making, carpets and garments are scheduled employments under the Minimum Wages Act, 1948, and, as stated above, minimum issued to the enforcement officials to strictly enforce the wage rates in the public and private sectors of employment in the state. In agriculture also a separate rate of wages has been fixed for women workers and is effectively enforced in Kerala. Both men and women agricultural workers are getting higher rates than those fixed under the Minimum Wages Act.

The Government of Rajasthan has stated the complaint of CITU has been investigated and found to be incorrect. Women workers employed in the beedi industry are getting the prescribed minimum wages. Further, there is no carpet- or garment-manufaturing unit in Beawar (Rajasthan).

The Government of Madhya Pradesh has reported that no complaint about payment of lower wages to female workers in the construction or agricultural sectors has been received during the last three to four years.

The Government of Tamil Nadu has admitted that there are different wages in government rubber plantations at Nagercoil between men and women workers who are doing field work. This difference is due to the fact that men workers are expected to do arduous work by carrying heavy machines and their duties, which are very difficult, cannot be attended to by female workers. In view of this, men and women are categorised as Grade I and Grade II respectively. Thus there is no discrimination against women workers in respect of the same work or work of a similar nature. In factories, women are generally engaged for light work such as drying rubber sheets, transporting of rubber sheets for smoking and washing and cleaning work. The work done by men is a little heavier and tougher than that of women workers. Women are not doing the same work as that of men; consequently, there is a difference of pay.

The Government of Uttar Pradesh has indicated that in order to pay equal wages to women workers for the same work, inspections are conducted by the labour inspectors under the Equal Remuneration Act. After inspection, prosecutions are launched in respect of violations and after the hearing of the claims, the compensation is also decided. Thus, in the year 1985, for the welfare of the women workers, after conducting inspections under the said Act, the total number of claims received under the Equal Remuneration Act was 43 (inclusive of six cases of claims brought forward from the previous year) out of which 30 claims were received under the construction sector. Six claims were settled and orders were issued for the payment of 331 rupees; 158 prosecution cases were filed (inclusive of 89 prosecutions brought forward from the previous year) out of which 23 prosecutions related to the construction sector and five cases were settled. In these five settled cases, a fine of 250 rupees was fixed. During 1985 no complaint was received. In 1986, a total number of 47 claims (inclusive of 29 claims from the previous year) were settled out of which 14 cases were received under the construction sector. Twelve cases were settled and orders have been issued for the payment of 115 rupees. There were 121 prosecutions (inclusive of 84 cases from the previous year) for settlement of which 20 were in agriculture and construction. Out of these, six cases were settled and fines of 425 rupees were imposed. No complaint was received from the agriculture and construction sector. During the year 1987, after adding 83 prosecutions of the previous year, the total number of prosecutions was 202, out of which 45 prosecutions were filed in the agriculture and construction sector. Twenty-five cases were settled and a fine of 3,275 rupees was fixed. No complaint or claim was received under agriculture and construction sector.

As for the complaint about casual female workers in the South Central Railway, the Ministry of Railways have indicated that out of the 134 women casual labour on the South Central Railway, 127 have been absorbed in regular employment. Out of the remaining seven women casual labour two have already been empanelled for regular appointment. They could not, however, be absorbed due to their being on the sick list, absent continuously from 4 March 1986 and 5 November 1987. They will be absorbed as soon as they resume duty. The remaining five women casual labour are yet to be screened and empanelled as they have not come up for screening and empanelment, being still very junior in their respective seniority units. They have to wait for their turn along with men casual labour for absorption in the future.

In addition, a Government representative reiterated the written information communicated by her Government. She further stated that the increase in the number of prosecutions in the years 1989 and 1990 could be attributed partly to stricter enforcement of the law at the State level as well as in the central level. As regards the information campaign to give adequate publicity to the provisions of Acts for workers, the Central Board for Workers' Education, which is a tripartite society, under the administrative control of the central Government, conducted regular workers' education programmes to increase awareness among workers to enable them to effectively participate in the social and economic development and to increase their understanding of their rights and responsibilities. Thus, in 1990, 46,463 women workers participated in various training programmes. In addition, the women's cell in the Ministry of Labour provided financial assistance to the non-governmental organisations for running programmes with a view to creating awareness amongst women workers about their rights and also organising the women workers in the informal sector. It was also proposed to conduct a regular training programme for labour inspectors and the four social welfare organisations to orient them and sensitive them to the issues of women labour.

With reference to paragraph 2 of the observation of the Committee of Experts, the speaker indicated that the scheme for strengthening of enforcement machinery had been fully functional on a pilot basis in Madhya Pradesh. Training was being organised for the special staff appointed to properly equip them for the task. In the next five-year plan it was proposed to continue the scheme and extend it to other States. The establishment of a national commission for women was envisaged with a view to examining matters relating to safeguards provided for women under the Constitution and other laws, to propose amendments and to examine complaints relating to non-implementation of laws. The Parliamentary Committee also examined matters relating to implementation of the various labour laws with a view to eliminating discrimination, which were brought to their notice.

Concerning paragraph 2(a) of the observation of the Committee of Experts, in relation to the situation in Bihar in beedi-making industries, the government of Bihar issued a notification (1985) providing that men and women workers should get the same rates of wages for the same work or work of a similar nature. In 1990, 227,821 inspections were carried out and irregularities were detected in 29,443 cases. Instructions were issued to step up frequency of inspections and to check that they were carried out effectively. The Government of Bihar was also examining the feasibility of creating cadres of inspectors to preven discrimination between male and female workers in certain areas and organised promotional and training programmes.

Concerning paragraph 2(b) of the observations of the Committee of Experts with reference to the construction sector, the speaker indicated that a welfare scheme has been proposed to be taken up as a planned scheme by the Government of India to ensure that the basic amenities provided for by the legislation were available to women workers and also to enhance their skill and to enable them to earn better wages. Instructions were being issued by all the state governments from time to time to ensure enforcement of the provisions of the Minimum Wages Act and the Equal Remuneration Act, especially in regard to maintenance of records under section 8 of the latter Act. In the State of Maharashtra during the year ending March 1991, 1,823 inspections were carried out under the Equal Remuneration Act of 1976 in various indstries including the building and construction industry. During the period from April to December 1990, 175,480 inspections were carried out under the Minimum Wages Act in various scheduled employments. The Government of Maharashtra was also resorting to audio-visual methods with a view to enlighten them about their rights under various labour laws.

With regard to paragraph 2(c) of the observations, some cases of differential rates of wages were detected in tea gardens of Assam and the tea-processing industry of West Bengal. The cases were examined by the state governments. In the case of Assam this anomaly had now been set right; in the case of West Bengal it was found that there was no difference in the rate of wages between men and women. A copy of the Supreme Court decision in the case referred to by the Committee of Experts had been communicated to the Office. As regards the reported cases of other employees of this company, the Government of Maharashtra had been pursuing the matter with the management for settlement of wages due to the employees, in the light of the Supreme Court decision. A time-limit had been fixed for the settlement, and if the management failed to settle the matter, further action would be taken as required under the Act.

As regards paragraph 3 of the observation, the speaker pointed out that in the present socio-economic conditions prevailing in the country, it might not be possible to conform to the provisions contained in paragraph 4 of the Recommendation, which would, however, serve as useful guidelines for future action.

The Employers' members, with reference to the Equal Remuneration Act (Amendment) adopted in 1987, which prohibited discrimination against women, provided for stiffer penalties and for a private right of action in addition to prosecution by the Government, stated that the enactment of this Act had led to some progress and to an increased number of cases brought. They pointed out that the first step to implementation of any equal remuneration scheme required effective non-discrimination statute and enforcement procedures. There still seemed to be a problem of enforcement in state juridictions. The information in writing supplied by the Government provided an example of how the principle of equal remuneration was being currently enforced. The Employers' members considered that men and women might be put into different job classifications if the jobs were genuinely different or involved additional responsibility and if there was no discrimination in the selection or assignment of men or women to the two job classifications. Women should not be presumptively excluded if they were qualified for a job and should be able to work in jobs traditionally done by men. In the light of this progress, the Employers' members expresses the firm hope that the Government could raise the level of its compliance with the Convention and should take positive steps to ensure full compliance with the Convention.

The Workers' members, with reference to the detailed information provided, observed that the number of social welfare organisations which had been recognised for the purpose of filing complaints in court against employers for violating the provisions of the Act looked very small and could be extended. These institutions were valuable in assisting women in preparing their case, and could file complaints, which was often difficult because it required a knowledge of the law. As regards the National Commission for Women which was to be set up, which seemed to have considerable relevance as far as this Convention was concerned, the Government should supply information on the duties and responsibilities of this body. The Workers' members expressed their concern that the information about the Convention was available only at the sectoral level and was not available in the States. They considered that the state governments required much more detailed training on this Convention. They understood that the Government was facing enormous problems in the implementation of the Convention and wanted to approach the whole question of equal remuneration in stages. They noted that the Government representative expressed the hope that it would be possible to get down to the next stages provided for in the Convention in the future.

The Government representative stated that her Government was equally concerned about the more effective application of the Convention and was taking measures to improve it with the help off the voluntary agencies. It had started an education campaign for the orientation of the enforcement machinery officials at state level and for those in social welfare organisations. With regard to submission of information, there were delays caused by the process of collecting it from the various state governments, but the Government would like to send the required information in time in the future. Concerning the empowerment of the social welfare organisations, it was done on a pilot basis, but extension to other social welfare organisations could be considered if it helped in better implementation by the Government. As regard the duties and responsibilities of the National Commission of Labour, the legislation was adopted in 1990 and the Commission was going to be set up very soon. The information requested would be communicated to the ILO in due course.

The Committee took note with interest of the progress observed by the Committee of Experts on the application of the Convention, as well as of the detailed information, verbal and in writing, given by the Government on the subject. The Committee hoped, along with the Committee of Experts, that the principle of equality of remuneration would be fully introduced into national legislation and practice and that the Government would continue to communicate information on measures taken in this regard and with a view to making new progress in respect of all points raised concerning the application of the legislation on equality of remuneration, in particular in the agricultural sector.

Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

A Government representative stated that the Equal Remuneration Amendment Act 1987 had entered into force on 17 December 1987. Section 10 of the Act had been amended to provide enhanced penalties. In cases of serious violations of the law, fines up to 20,000 rupees or imprisonment up to one year could be imposed, and up to two years' imprisonment for a subsequent offence. According to section 12 of the amended Act, complaints could be made by any recognised welfare institution or organisation as well as by the individual concerned. The problems raised in paragraph 2, point (a) to (d) and point (f) of the Committee of Experts observations concerned certain state governments which had been requested to provide information. Of these Governments, Maharashtra, West Bengal and Utter Pradesh had sent information on the submission of complaints concerning the violation of minimum wage and equal pay requirements in the agricultural and construction sectors. The Government of Maharashtra had taken measures to reinforce the supervisory machinery and the application of the provisions of the Equal Remuneration Act. Since the above mentioned sectors are scheduled employments under the Minimum Wage Act, 1948, the Government has fixed or revised minimum wages. The wages were the same for women and men and claims could be filed if lower wages were paid. In regard to paragraph 2, point (e) of the observations by the Committee of Experts, 129 out of the 134 casual women workers employed in the South Central Railway had been registered for regular employment. The number of registered workers who had been given regular employment was being examined. He emphasised the importance that his Government attached to the observations of the Committee of Experts and the comments and requests of the Conference Committee, as well as to the correct application of ratified Conventions. The Government has requested the state governments to strengthen their supervisory machinery to ensure that female and male workers receive their wages. Efforts have been made to improve the situation in the unorganised sector where difficulties existed and the 20-point programme announced in 1986 included the enforcement of the minimum wage for agricultural workers. A National Commission on Rural Labour had been set up which would report on fixing a minimum wage and on the supervisory machinery.

The Employers' members remarked that the difficulties in the application of the principle of equal wages was due in part to gaps in the legislation, but mainly to difficulties in the practical application of the law. It was the duty of a member State to ensure that ratified Conventions were being applied. The Government, which had not denied its difficulties, was endeavouring to overcome them and to resolve the problems which, in this country take increased proportions. The statement by the Government representative fostered positive expectations. As the Committee of Experts had stated, the Government should re-examine the question, and send a detailed written report on the measures being taken to close the gaps in law and practice.

The Workers' members emphasised the importance that they attached to the principle of equal treatment and of equal wages for work of equal value. They noted that the Government had recognised that inequalities did exist for women and that efforts were necessary to eliminate the discrimination which the Centre of Indian Trade Unions had referred to in its observations. These were particularly serious in the case of rural workers, and especially for women. The trade union and the Committee of Experts should verify if the new penalities would be sufficiently high and effective. They feared that women would not dare to complain on an individual basis to obtain compensation for harm suffered, and believed that it would be important that trade unions could lodge complaints on behalf of the complainant. By strengthening employers' and workers' organisations, and, consequently collective bargaining and tripartism, equal pay would be attained progressively.

The Government representative emphasised again the willingness of his Government to supervise the full and strict application of the laws on equal pay and minimum wages. He repeated that legislative amendments had been made recently, and stressed that imprisonment was obligatory for subsequent violations and that the value of the fines had been increased 20 times. The practical application of the legal provisions on equal pay had encountered numerous difficulties; women did not have bargaining power and feared reprisals. It was therefore necessary to attack this exploitative system in various ways. The co-operation of employers' and workers' organisations and non-governmental organisations was vital. The help of these organisations was indispensable for supervising that legal provisions were applied fully, creating an awareness of this problem, and helping organise the workers so that they had the necessary bargaining strength. In reply to the Workers' members' question he replied that India had ratified Convention No. 144 and that the advisory committee set up under the Equal Remuneration Act included employers' and workers' representatives. The National Commission on Rural Labour would examine all problems in depth and would, as well, consult with employers and workers.

The Committee noted with interest the detailed and positive information supplied by the Government representative on the various points, raised in the observation of the Committee of Experts, in which reference is also made to comments received from Indian workers' organisations, as regards the practical application of the Convention. It hoped that the Government will continue to furnish information on measures taken towards further progress in respect of all the points raised as regards the enforcement of legislation on equal pay, particularly in the rural sector.

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

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.

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

Article 1(a) of the Convention. Definition of remuneration. The Committee notes, from the Government’s report, that the Code on Wages was adopted and enacted in 2019, and replaced the Equal Remuneration Act (ERA), 1976, the Payment of Wages Act, 1936, the Minimum Wages Act, 1948 and the Payment of Bonus Act, 1965. The Committee notes that under section 2(y) of the Code, the term “wages” is defined as “all remuneration whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would be, if the terms of employment, express or implied, were fulfilled, payable to a person employed in respect of his employment or of work done in such employment, and includes his basic pay, dearness allowances, and retaining allowance, if any”. The Committee further notes that for the application of the principle of equal wages between men and women contained in section 3 of the Code, the term “wages” also includes: the conveyance allowances or the value of any travelling concession, house rent allowance, remuneration payable under any award or settlement between the parties or order of a court or Tribunal, and any overtime allowance (section 2(y) subsection (d), (f), (g) and (h)). However, the Code explicitly excludes from the definition of “wages” other emoluments such as bonuses, contribution paid by the employer to any pension fund, or any gratuity payable on the termination of employment. The Committee recalls that Article 1(a) of the Convention sets out a very broad definition of “remuneration” which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. “Remuneration” under the Convention includes wage differentials or increments, cost-of-living allowances, dependency allowances, travel allowances or expenses, housing and residential allowances. It also includes benefits in kind such as the provision of accommodation or food, and it includes all allowances paid under social security schemes financed by the undertaking or industry concerned (see General Survey of 2012 on the fundamental Conventions, paragraphs 686–692). The Committee therefore asks the Government to consider amending the definition of “wages” contained in section 2(y) of the Code on Wages, in order to allow for a broad definition, including any additional emoluments whatsoever, as provided for in Article 1(a) of the Convention.

Article 1(b). Equal remuneration for work of equal value. Legislation.  For a number of years, the Committee has been pointing out the more limited nature of the provisions of the Constitution of India (Article 39(d)) and the ERA (sections 2(h) and 4), when compared to the principle of equal remuneration for men and women for work of equal value as set out in the Convention. In particular, under the above legislative provisions, the principle of equal remuneration is applied to “work of a similar nature” rather than “work of equal value”. In its previous comment, the Committee noted that the Government was in the process of consolidating its labour legislation in four codes, including a Wages Code, which would cover some of the matters addressed in the ERA, and it asked the Government to make use of this opportunity to ensure that the principle of the Convention was fully reflected in the legislation. The Committee notes that section 3(1) of the Code on Wages prohibits “discrimination in an establishment or any unit thereof among employees on the ground of gender in matters relating to wages by the same employer, in respect of the same work or work of a similar nature done by any employee”. Under section 4, any dispute as to whether a work is of the same or a similar nature will be decided by such authority as the Government designates. The Committee notes, with concern, that section 2(v) defines “same work or work of a similar nature”, in the same limited wording as the ERA did, as “work in respect of which the skill, effort, experience and responsibility required are the same, when performed under similar working conditions by employees and the difference if any, between the skill, effort, experience and responsibility required for employees of any gender, are not of practical importance in relation to the terms and conditions of employment”. It notes that the Government considers this definition to be equivalent to the concept of “work of equal value”. However, the Committee is of the view that this definition is more limited than the concept of “work of equal value” enshrined in the Convention. Indeed, when determining whether two jobs are of equal value, the overall value of the jobs is to be considered. In this regard, the Committee recalls that the definition should permit a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompassing work that is of an entirely different nature, which is nevertheless of equal value. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see the General Survey of 2012, paragraphs 673–675). The Committee also draws the Government’s attention to the fact that the Convention includes, but does not limit application of the principle of equal remuneration for work of equal value to men and women “in the same workplace”, and provides that this principle should be applied across different enterprises to allow for a much broader comparison to be made between jobs performed by women and men. The Convention thus calls for the reach of comparison between jobs performed by men and women to be as wide as possible in the context of the level at which wage policies, systems and structures are coordinated (General Survey of 2012, paragraphs 697 and 698). Recalling that it has been raising this issue since 2002, the Committee urges the Government to take the necessary steps to ensure that: (i) the Code on Wages is amended to give full expression to the principle of equal remuneration for men and women for work of equal value as enshrined in the Convention; and (ii) it is not restricted to workers within the same workplace but applies across different enterprises and sectors. It also asks the Government to provide information on the application in practice of section 3 of the Code on Wages and to indicate the authority which is competent to handle disputes under section 4.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Assessment of the gender pay gap. The Committee notes the statistical information on average daily earnings of men and women for 2012–13 provided by the Government with its report. It notes, in particular, from the statistics concerning average earnings in industry that women’s average earnings represent 55.5 per cent of men’s earnings and that the gender pay gap is slightly wider in the public sector (50 per cent of men’s earnings) than in the private sector (59.7 per cent of men’s earnings). It also notes from the recent ILO India Wage Report: Wage policies for decent work and inclusive growth (2017) that, while the gender pay gap can be observed among all types of workers, that is, regular and casual, as well as urban and rural, the average daily wages of casual rural women workers are the lowest. The Committee further notes the Government’s indication that research is being undertaken by the Centre for Gender and Labour of the V.V. Giri National Labour Institute (VVGNLI) on the gender pay gap. The Committee 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 measures taken or envisaged as a follow-up in cooperation with workers’ and employers’ organizations, including with regard to workers in rural areas and in the informal economy. The Government is also asked to provide information on any specific measures adopted or envisaged to ensure in practice the application of the principle of the Convention to all workers, including men and women in the informal economy, and their impact on reducing remuneration differentials between men and women. It is also requested to continue providing statistical information, disaggregated by sex, on the distribution of men and women in the different sectors and occupations and their corresponding earnings.

Article 2 of the Convention. Minimum wages. The Committee refers to its previous comments concerning the ongoing elaboration of a bill to amend the Minimum Wages Act, 1948, with a view to making the “national floor level minimum wage” (NFLMW) statutory, including for unskilled workers. The Committee notes the Government’s indication that the bill is still under consideration. According to the Government’s report, the amendments to the Minimum Wages Act will extend the scope of application of the Act to all employment and will allow the fixing of minimum wages for different categories of work based on the “skills required, the arduousness of the work assigned to the worker, the cost of living of the worker, geographical location of the place of work and other factors which the state Government considers appropriate”. The Government also indicates that the Minimum Wages Act does not provide for any discrimination between men and women workers or different minimum wages for them. While noting this information, the Committee wishes to emphasize that the fact that regulations determining the minimum wage do not make a distinction between men and women is not sufficient to ensure that there is no gender bias in the process. The Committee recalls that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular, that certain skills considered to be “female” are not undervalued (see General Survey of 2012 on the fundamental Conventions, paragraph 683). The Committee further notes from the recent ILO India Wage Report 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 current inequalities. The Committee asks the Government to provide information on any progress made in the adoption of the bill to make the NFLMW mandatory. It also once again asks the Government to indicate whether any other State governments have included domestic work as a category of scheduled employment under the Minimum Wages Act and to provide information on any steps taken or envisaged, in the context of minimum wages reform, to assess the extent to which 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 to those occupied by men. The Committee further requests the Government to indicate the follow-up given to the recommendations in the ILO India Wage Report to improve the minimum wage policy, particularly by extending legal coverage beyond workers in “scheduled occupations” and simplifying the minimum wage structure.

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. In the absence of any information in this regard, the Committee once again asks the Government to take proactive steps, in cooperation with workers and employers’ organizations, to develop technical tools for objective job evaluation with a view to effectively applying the principle of the Convention and to provide information in this respect. The Committee also reminds the Government of the possibility of availing itself of ILO technical assistance to this end.

Parts III–V of the report form. Enforcement. The Committee notes the Government’s indication that special inspection programmes directed at the unorganized sector were launched in 2016 by the Office of the Chief Labour Commissioner, under the Ministry of Labour and Employment. As a result, the number of irregularities detected regarding the enforcement of the ERA have increased significantly. According to the information provided by the Government in its report, 2,074 inspections were conducted in 2016 and 3,546 irregularities detected, of which 2,115 were rectified. The Committee asks the Government to undertake an in-depth analysis of the violations detected with a view to determining the necessary measures to adopt in order to strengthen 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 addressed by judicial and administrative bodies.

Awareness raising. Recalling the importance of ensuring that the principle of the Convention and the pertinent national legislation is known and understood among workers and employers, the Committee reiterates its request to the Government to provide information on the training programmes and awareness-raising activities undertaken specifically on the principle of equal remuneration for men and women for work of equal value and the relevant national legislation, as well as the available complaints procedures, including for the unorganized sector.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(b) of the Convention. Equal remuneration for work of equal value. In its previous observation, the Committee recalled that since 2002 it had been pointing out the more limited nature of the provisions of the Constitution of India (Article 39(d)) and the Equal Remuneration Act (ERA), 1976 (sections 2(h) and 4), when compared to the principle of equal remuneration for men and women for work of equal value as set out in the Convention. In particular, the Committee noted that under the above legislative provisions, the principle of equal remuneration is applied to “work of a similar nature”, whereas the concept of “work of equal value” in the Convention requires a broader scope of comparison including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, in order to encompass also work that is of an entirely different nature, but which is nevertheless of equal value. The Committee also noted that the judicial interpretations of the ERA maintain a narrow reading of these provisions, which do not give full expression to the principle of the Convention. The Committee therefore urged the Government to take immediate and concrete measures to ensure that the legislation clearly establishes the right to equal remuneration for men and women for work of equal value in accordance with the Convention.

The Committee notes the information provided by the Government in its report which merely recalls the provisions of the ERA, and does not provide responses to the Committee’s comments. The Committee also notes the Government’s indication that no specific research has been undertaken by the Centre for Gender and Labour of the V.V. Giri National Labour Institute (VVGNLI) on the adequacy, effectiveness and implementation of the ERA. The Committee understands that the Government is in the process of consolidating its labour legislation in four codes, including a Wages Code, which will cover some of the matters addressed in the ERA, notably equal remuneration. Recalling that legal provisions that do not give expression to the concept of “work of equal value” hinder progress in eradicating gender-based pay discrimination, the Committee urges the Government to take specific measures without delay to ensure that the national legislation gives full expression to the principle of equal remuneration for men and women for work of equal value as enshrined in the Convention, including by amending the ERA as needed, and seizing the opportunity provided by the codification process to clearly incorporate the principle of the Convention into national legislation, and to provide information on the steps taken in this respect. The Committee reminds the Government that it can avail itself of ILO technical assistance to this end. The Committee also hopes that the VVGNLI will soon be in a position to share its findings and recommendations from its evaluation of the ERA, in particular with respect to the application of the principle of equal remuneration.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Assessment of the gender pay gap. The Committee notes the statistics on average daily earnings of men and women in various industries for the period 2009–10. It also notes the Government’s indication that the results so far obtained from the sixth round of occupational wages surveys show that none of the establishments violated the provisions of the Equal Remuneration Act (ERA) 1976, but that data are being compiled on average daily earnings of men and women in the manufacturing, mining, plantation and service sectors. It notes that, according to the Government, some of the differences between men and women found at occupational levels in these sectors can be attributed to variations in length of service, differences in efficiency, employment status, differences in educational qualifications and experience. The Committee notes that the Directorate General of Employment and Training is undertaking a vocational training programme to promote employment of women in industry and as semi-skilled, skilled and highly skilled workers by increasing their participation in skill training facilities. The Government further indicates that a study has been proposed to be undertaken on the gender pay gap in specific sectors (agriculture, fishery, social work professions, teaching (university and secondary), food processing, domestic work, pre-primary education teaching, nursing, mining and construction). Recalling the Government’s previous indications that research was to be undertaken by the Centre for Gender and Labour of the V.V. Giri National Labour Institute (VVGNLI) into the causes of the gender pay gap, the Committee asks the Government to provide results of this research, which it hopes will be completed in due course, and on any follow-up, in cooperation with workers’ and employers’ organizations. Noting also the efforts to compile statistics on earnings differentials in the public and private sectors and in the unorganized sector, the Committee asks the Government to provide relevant statistical information, disaggregated by sex, on the earnings of men and women beyond 2009–10, allowing for an assessment of the evolution of the gender pay gap over time.

Article 2 of the Convention. Minimum wages. The Committee notes the Government’s indication that the proposal to amend the Minimum Wages Act 1948 to make the “national floor level minimum wage” (NFLMW) statutory, including for unskilled workers, has been approved by Cabinet and the related Bill is under preparation. It further notes that, according to the Government, the proposed amendment will include coverage of all employees thus enabling domestic workers to receive at least the NFLMW. The Government indicates that so far seven states have included domestic work in their scheduled employment and fixed minimum wages in this context. The Committee asks the Government to provide information on the progress made in the adoption of the Bill making the NFLMW mandatory, including for unskilled workers, and on any additional State governments that have included domestic work as a category of scheduled employment under the Minimum Wages Act. The Committee further asks the Government to provide information on whether any steps have been taken, in the context of minimum wage reforms, to assess the extent to which minimum rates are fixed based on objective criteria, free from gender bias, so as to ensure that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed.

Article 3. Objective job evaluation. With respect to measures to promote the use of objective job evaluation methods as a means of ensuring full application of the principle of the Convention in practice, the Committee notes that the Government merely states that the ERA does not refer to job classification based on sex or otherwise. The Committee recalls however that, in the follow-up to the conclusions of the Conference Committee on the Application of Standards in June 2010, the participants of the tripartite workshop on the ERA, 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 asks the Government to take more active steps, in cooperation with workers’ and employers’ organizations, to develop technical tools for objective job evaluation with a view to effectively applying the principle of the Convention. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance to this end.

Parts III to V of the report form. Enforcement. The Committee recalls the need to strengthen enforcement action, particularly at the level of the states and the union territories. The Government indicates in this regard that the reports furnished by the state governments show that a large number of inspections are being carried out by the appropriate authorities to detect and prevent violations of the ERA, but provide no information on the number, nature and outcome of equal pay cases handled by the authorities. The Committee further notes information provided on the number of inspections undertaken by the Central Government which shows a gradual increase from 2,779 inspections in 2008–09 to 3,498 in 2011–12. In the large majority of cases, violations of the ERA were identified (3,598 in 2011–12 compared to 2,715 in 2008–09) and 1,027 prosecution cases launched leading to 942 convictions (compared to 600 prosecution cases leading to 320 convictions in 2008–09). The Committee considers that the increase in violations detected may indicate that, in practice, violations of the ERA are widespread, and urges the Government to undertake serious efforts to seek and provide detailed information on the activities of the enforcement authorities to prevent and detect violations of the ERA at the level of state governments and union territories. It also asks the Government to undertake a more in-depth analysis of the violations detected with a view to determining the necessary measures to strengthen enforcement of the legislation relevant to the Convention both at the central level and the level of state governments. Please continue to provide detailed information on the enforcement of the ERA by the central and state authorities.

Awareness raising. The Committee recalls the need to make the principle of equal remuneration for men and women, the Convention and the pertinent national legislation known and understood among workers and employers. The Committee notes that, through the implementation of the grants-in-aid scheme, 14 non-governmental organizations were provided financial assistance to undertake awareness-raising campaigns for women workers on the ERA. It notes that, during the period 2012–13, 19,100 women workers participated in awareness-raising activities on the ERA and other labour-related laws. During the same period, 157,262 women participated in the training programmes for informal economy workers organized by the Central Board for Workers’ Education (CBWE); among those, 30,028 were from Scheduled Castes and 9,214 from Scheduled Tribes. Until November 2012, the CBWE conducted 293 special training programmes for women workers on rights and responsibilities under labour legislation in which 11,887 women participated. The Committee asks the Government to continue to provide detailed information on the awareness-raising activities carried out on the principle of the Convention and the ERA among workers and employers and their organizations, and on the beneficiaries of such activities. It also asks the Government, in cooperation with the workers’ and employers’ organizations, to disseminate information widely and raise awareness among workers and employers at the central and state levels, including in the unorganized sector, on the relevant national legislation and the avenues for dispute resolution.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its General Survey of 2012, the Committee noted that legal provisions that do not give expression to the concept of “work of equal value” hinder progress in eradicating gender-based pay discrimination (General Survey on fundamental Conventions, 2012, paragraph 679). For a number of years, the Committee has been pointing out that the provisions of the Constitution of India (article 39(d)) and the Equal Remuneration Act (ERA) 1976 (sections 2(h) and 4) are more restrictive than the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, as the scope of comparison is limited to “work of a similar nature” whereas it should be possible to compare work of an entirely different nature. The Committee had noted that, in spite of the existence of the ERA, significant earnings differentials between men and women persisted across all sectors, and had therefore urged the Government to bring its legislation into line with the Convention. The Committee notes from the latest statistics provided by the Government on the average daily earnings of women and men for the period 2009–10 that significant earnings differentials persist within states and across all industries.

The Committee notes, however, that the Government continues to take the view that amending the ERA is not necessary in the Indian context and that the legal provisions have to be read in conjunction with judicial interpretations. The Government refers in this respect to the Supreme Court Decision in Dharwad Distt PWD LWD Employees Association v. State of Karnataka (1990) and considers that this decision defined the ERA as legislation providing for “equality of pay for equal work between men and women”. The Committee notes nonetheless that this interpretation of the ERA does not give full expression to the principle of the Convention. It draws the Government’s attention to the essential role of the courts in interpreting equal remuneration provisions in accordance with the Convention, including recognizing the possibility in equal remuneration cases of comparing jobs of a different nature, involving different duties, skills and responsibilities with the view to determining if they are of equal value. The Committee draws the Government’s attention in this regard to its General Survey, including the examples of different jobs which were found to be of equal value (see General Survey of 2012, paragraphs 673–675). The Committee further notes that the Government reiterates that the Centre for Gender and Labour of the V.V. Giri National Labour Institute (VVGNLI) has been entrusted with undertaking research on the adequacy, effectiveness and implementation of the ERA, but no further information is provided with respect to the modalities and outcome of this research. Given the legal uncertainty and restrictive interpretations by the court of the equal remuneration provisions, the Committee urges the Government to take immediate and concrete measures to ensure that the legislation clearly establishes the right to equal remuneration for men and women for work of equal value. The Committee asks the Government to ensure that the research undertaken by VVGNLI to assess the impact of the ERA will cover situations in which men and women do entirely different work with different skills, effort and responsibilities, but which are nevertheless of equal value, and to provide detailed information on the results which the Committee hopes will be available in due course.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum wages. The Committee notes that, under the Minimum Wages Act, minimum wages are set in respect of scheduled employment (section 2(g)) and that the central Government has fixed minimum wages under the Act for 40 categories of scheduled employment under the central sphere and that several states have also set minimum wages, some of which are higher than those at the central level. The Committee refers to its comments on the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), in which it noted proposals for the amendment of the Minimum Wages Act, 1948, with a view to rendering the national floor level minimum wage (NFLMW) – currently set at 115 Indian rupees (INR) per day – statutory, and thus enabling all workers in the country to receive at least the NFLMW. In its 2012 General survey on the fundamental Conventions, the Committee noted that, as women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men’s and women’ wages and on reducing the gender pay gap (General Survey on fundamental Conventions, 2012, paragraphs 682–683). The Committee asks the Government to provide information on the progress made in amending the Minimum Wages Act and the establishment of a statutory minimum wage for all workers. Considering the request of the Conference Committee that research be undertaken on the impact of the minimum wage on the implementation of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on whether any steps have been taken to this end, including any research assessing the extent to which minimum rates are fixed based on objective criteria, free from gender bias, so as to ensure that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed.

Domestic workers. The Committee notes that, pursuant to section 27 of the Minimum Wages Act, 1948, the appropriate government may add to either part of the schedule any employment in respect of which it is of the opinion that minimum rates of wages should be fixed under the Act. The Committee notes the Government’s indication that some states have taken steps to include domestic work as scheduled employment under the Act and for fixing minimum rates of wages for domestic workers. The Committee asks the Government to provide information on the number of states that have included domestic work as a category of scheduled employment under the Minimum Wages Act. Please also indicate whether domestic workers would be covered by the abovementioned national statutory minimum wage.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010). The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2010 and the resulting conclusions of the Conference Committee, as well as the Government’s report. The Conference Committee noted the various measures taken by the Government aimed at women’s empowerment, the meeting with the provincial labour ministers in January 2010 to discuss the implementation of the Equal Remuneration Act, 1976, (ERA) and the compilation of data that was being prepared on trends in earnings of men and women in selected sectors. The Conference Committee asked the Government to take measures in several areas, including research on the gender remuneration gap, awareness raising and enforcement of the ERA and the Equal Remuneration Regulations, and objective job evaluation with a view to effectively applying the principle of the Convention. The Conference Committee also called on the Government to avail itself of ILO technical assistance in order to bring its law and practice into full conformity with the Convention.

The Committee notes that a tripartite national workshop on strengthening the implementation of the ERA was organized in New Delhi in February 2012, with the assistance of the Office. The main objective was to identify action to be taken by the labour institutions and other relevant stakeholders towards strengthening the effectiveness of the ERA, in line with the principles of the Convention. At the conclusion of the workshop, recommendations were proposed in the areas of research and data collection, proactive measures and legislation, which were to be presented to the Inter-ministerial Task Force for Gender Equality for follow-up. The Committee asks the Government to provide information on the follow-up given to the recommendations proposed by the tripartite workshop on the ERA.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its General Survey of 2012 on the fundamental Conventions, the Committee has called on countries that retain legal provisions that are narrower than the principle laid down in the Convention, to amend their legislation. It has done so because narrower provisions that do not give expression to the concept of “work of equal value” hinder progress in eradicating gender-based pay discrimination (see General Survey, 2012, paragraph 679). The Committee recalls that section 39(d) of the Constitution of India only provides for equal pay for equal work for men and women and that section 4 of the ERA requires employers to pay equal remuneration to men and women for the same work or work of a similar nature; section 2(h) of the ERA defines “same work or work of a similar nature” to mean “work in respect of which the skill, effort and responsibility required are the same, when performed under similar conditions, by a man and a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment”. In its previous comments, the Committee noted that these provisions were more restrictive than is required to give effect to the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, and that limiting the scope of the legislation to “work of a similar nature” unduly restricts the scope of comparison of remuneration received by men and women.

The Committee recalls that the Government had previously taken the view that amending the ERA was not necessary and that the legal provisions had to be read in conjunction with judicial interpretations. The Committee notes the three decisions of the Supreme Court of India on the application of article 39(d) of the Constitution and the ERA, which, however, continue to define the principle of equal pay in a restrictive manner that does not give full expression to the principle of the Convention. The Committee urges the Government to take concrete measures to ensure that the legislation clearly establishes the right to equal remuneration for men and women for work of equal value, and asks the Government to provide detailed information on the measures taken and progress achieved in this regard.

Assessment of the gender pay gap. The Committee recalls the significant earnings differentials between men and women, even where they are engaged in the same occupations or where they have the same level of skills or education. The Committee notes from the most recent statistical data provided by the Government that significant differentials remain with respect to the average daily earnings between men and women in the manufacturing sector, the mining sector, the plantation sector, and the service sector (Labour Bureau Occupational Wage Survey). The Committee notes that the Conference Committee had asked the Government to ensure that research undertaken by the Centre for Gender and Labour of the National Labour Institute encompassed an in-depth study into the reasons for the wide gender remuneration gap and the effectiveness and implementation of the ERA with respect to promoting the principle of the Convention. The Government was urged to follow up actively on such research, with the cooperation of employers’ and workers’ organizations. The Committee notes the Government’s indication that the Centre for Gender and Labour has been entrusted with the responsibility of undertaking research regarding the effectiveness and implementation of the ERA. The Committee asks the Government to indicate the progress made with respect to research undertaken by the Centre for Gender and Labour into the reasons for the wide gender pay gap, the effectiveness and implementation of the legislation and the impact of the minimum wage legislation on equal remuneration for men and women, as well as the compilation of statistics on wage differentials in the public and private sectors, and in the unorganized sector, and to provide the results of such research. Please also indicate how workers’ and employers’ organizations are being involved in any such research. The Committee also asks the Government to continue to provide detailed statistical information on the earnings of men and women in the public and the private sectors, and the unorganized sector.

Enforcement. The Committee notes that the Conference Committee shared its concern that only very few violations of the ERA have been detected at the level of state governments, particularly when compared to violations detected in the context of inspections undertaken by the central authorities. The Conference Committee had asked the Government to reinforce awareness raising among workers, employers and their organizations and enforcement authorities throughout the country in respect of the principle of equal remuneration for work of equal value in compliance with the provisions of the Convention, the relevant legal provisions and the avenues of dispute resolution. The Committee notes from the Government’s report that the number of inspections undertaken by the authorities at the central level decreased from 3,224 in 2007–08 to 2,779 in 2008–09. In the large majority of cases, violations were identified (2,715), and in 600 cases prosecutions were launched, leading to 320 convictions. It also notes the Government’s indication that during 2009–10, 68,700 women benefited from awareness-raising activities on the ERA through the scheme providing “grant-in aid” to voluntary organizations and that the Central Board for Workers’ Education under the Ministry for Labour and Employment also organizes training programmes for informal economy workers, particularly rural workers and women workers, with a view to developing awareness on labour protection available under the labour laws. The Committee further notes that the Central Advisory Committee on the ERA was reconstituted in December 2010 and that the first meeting was held in February 2011. Noting the Government’s statement that strengthening the enforcement of the equal remuneration legislation at the state level will be taken up with the state government and union territory administrations, the Committee urges the Government to take swift action in this respect, and to report on the progress made. The Committee also asks the Government to take more vigorous steps, in cooperation with the workers’ and employers’ organizations, to disseminate information widely and raise awareness among workers and employers at the central and state levels, including in the unorganized sector, on the relevant national legislation and the avenues for dispute resolution, through the “grant-in aid” scheme for voluntary organizations, the Central Board for Workers’ Education, or otherwise. The Committee also asks the Government to provide information on the following:

• (i) the steps taken or envisaged to undertake an in-depth analysis of the violations detected and research regarding the obstacles encountered and ways and means of improving enforcement by the state authorities of the equal remuneration legislation, including in the unorganized sector;
• (ii) detailed information on the extent to which the institutions competent to bring complaints under section 12 of the ERA have made use of this possibility, and the outcome of such complaints; and
• (iii) the activities of the Central Advisory Committee to improve the effective implementation of the ERA.

Article 3. Objective job evaluation. The Committee notes that the Conference Committee urged the Government, in cooperation with workers’ and employers’ organizations, to take the necessary measures to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of the Convention in the public and private sectors. The Committee notes the Government’s statement that the issue was to be discussed during the tripartite workshop on the ERA. The Committee notes that the importance of objective job evaluation to the implementation of the principle of equal remuneration for work of equal value was reaffirmed at the tripartite workshop, including the need to develop technical tools for undertaking objective job evaluation and implementing the principle of equal remuneration for men and women work of equal value. The Committee trusts that the Government will take the measures necessary to give effect to Article 3 of the Convention, in the public and private sectors, with a view to promoting the use of objective job evaluation methods as a means of ensuring full application of the principle of the Convention in practice, and to provide information on any further developments in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Assessment of the gender remuneration gap. The Committee notes the detailed statistical information provided by the Government. It notes the Sixth Round of the Occupational Wage Survey on ten engineering industries, the report on “Socio-economic conditions of women workers in selected food processing industries including seafood and marine products”, and information compiled by the National Sample Survey Organization providing statistical data on earnings of men and women by occupation, sector or industry, and level of skills or education. The Committee notes that the data provided show that considerable differentials in the earnings of men and women exist, even where they are engaged in the same occupations or where they have the same level of skills or education. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women. It also encourages the Government to undertake in-depth studies into the reasons for the wide gender remuneration gap, particularly where men and women engage in the same occupations and have the same levels of skills or education, with a view to promoting equal remuneration for men and women for work of equal value.

Articles 1 and 2 of the Convention. Equal remuneration legislation. The Committee recalls its previous comments concerning the scope of section 4 of the Equal Remuneration Act 1976, which requires employers to pay equal remuneration to men and women for the same work or work of a similar nature. The Committee observed that section 4 was more restrictive than is required to give effect to the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, because the concept of “work of equal value” goes beyond “similar work” and encompasses work that is of an entirely different nature, but which is nevertheless of equal value. Accordingly, the Committee considered that limiting the scope of the legislation to “work of a similar nature” would unduly restrict the scope of comparison of remuneration received by men and women.

In its report, the Government states that replacing the notion of “work of a similar nature” in section 4 with “work of equal value” was not considered necessary in the Indian context, “especially since the term ‘work of equal value’ has not been quantified”. The Committee notes that the importance of the concept of work of equal value lies in its requirements that the content of the work performed is the focus for comparing the remuneration of men and women, and that the scope of comparison is as wide as possible. Noting that the Government refers to six cases decided by the Supreme Court of India, the Committee would be grateful if the Government could provide copies of these decisions. It also requests the Government to review and strengthen the existing equal pay legislation, taking into account the Committee’s general observation of 2006 on the Convention.

Enforcement of the legislation. Further to the abovementioned judicial decisions, the Committee notes that the Government has supplied statistical data on action taken to enforce the Equal Remuneration Act by the respective authorities at the levels of the central Government and the state governments. As regards the establishments falling under the competence of the Central Government, the number of inspections has increased from 3,004 in 2006–07 to 3,224 in 2007–09. The Committee notes that in a large majority of these inspections violations were identified and rectified, and that in a considerable number of cases prosecutions were launched (3,051 violations detected, 2,712 rectified, 439 prosecutions launched in 2007–08). The Committee notes that the increase in the number of inspections was accompanied by an increase in violations detected. This may indicate that, in practice, violations of the Acts are widespread. According to data received from ten states or union territories 27,290 inspections in establishments falling under the competence of the respective authorities had been carried out in 2006–07, and 24,441 in 2007–08. In 2007–09, 172 violations were detected in these ten states and union territories and 158 were rectified, while six prosecutions were launched. The Committee notes that taken together the number of inspections for these ten states and union territories has decreased. The Committee notes with  concern that only very few violations have been detected, particularly when compared to those inspections undertaken by the central authorities. The Committee considers that the above information points to a need to make the principle of equal remuneration for men and women, the Convention, and the pertinent national legislation, better known and understood among workers and employers, and also to a need to strengthen enforcement action, particularly at the level of the states and union territories. The Committee also notes that a more in-depth analysis of the violations detected would provide a basis for further action to ensure the effective application of the Convention. The Committee asks the Government to provide information on the measures taken or envisaged with regard to strengthening enforcement of the legislation applying the Convention. The Committee encourages the Government to consider seeking the ILO’s assistance and support in this regard.

The Committee previously noted a number of proposals made by the Centre of Indian Trade Unions (CITU) with a view to strengthening the application of the Convention. In reply to these proposals the Government indicates that setting up special units exclusively monitoring the implementation of the Equal Remuneration Act by state governments may not be practicable, given the low number of violations reported. The Government agrees that the involvement of female officers in hearing and deciding equal remuneration complaints can be arranged, subject to availability. As regards the suggestion that trade unions should be allowed to lodge complaints under section 12 of the Act, the Government indicates that the central Government has recognized four institutions as competent to bring complaints, in addition to the aggrieved persons, namely the Centre of Women Development Studies, the Institute of Social Studies Trust, the Working Women’s Association and the Self-Employed Women’s Welfare Association (SEWA) which is a recognized central trade union. As stated above, the Committee does not interpret the low level of violations detected by the authorities of the states and union territories as indicating that such violations do not occur; it therefore hopes that measures to strengthen these authorities would be considered. In addition, the Committee asks the Government to provide further information on the participation of women officers in the enforcement of the Equal Remuneration Act in practice, and also to elaborate further on the extent to which the abovementioned institutions have made use of the possibility of bringing complaints under section 12 of the Act and the outcome of such complaints.

Article 3. Objective job evaluation. The Committee recalls that by ratifying the Convention, India has undertaken to take measures to promote the objective evaluation of jobs on the basis of the work to be performed, where such action will assist in giving effect to the provisions of this Convention. In its previous comments, the Committee noted information indicating that women’s remuneration was determined on the basis of classifications which did not reflect the real nature of the work involved. The Committee considered that there was a clear need to promote the use of objective job evaluation methods, as envisaged in Article 3. In its reply, the Government states merely that there is no mention of job classification based on sex or otherwise in the Equal Remuneration Act or the Minimum Wages Acts. While noting the Government’s statement, the Committee emphasizes that the Convention envisages the promotion of objective job evaluation as a key aspect of ensuring equal remuneration for men and women for work of equal value. Hence, the Committee trusts that the Government will take the measures necessary to give effect to Article 3 of the Convention with a view to promoting the use of objective job evaluation methods as a means of determining wage rates irrespective of the worker’s sex, and to provide information on any further developments in this regard.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Assessment of the gender pay gap. The Committee notes the statistical information provided by the Government concerning the average daily earnings of men and women in the service sector, the plantation industries and the tea-processing industry. The Committee notes that considerable gender pay differentials exist in a number of occupations in the service sector, mostly in favour of men. In the plantation industries (tea, rubber and coffee), women’s average daily earnings are consistently lower than men’s. In tea processing, there is a mixed picture as regards the earnings of women as compared to men performing the same occupation. In two occupations within this sector there is a considerable pay differential: while female tea blenders earn only 71 per cent of the male wage per day, female withering loft attendants earn 30 per cent more than their male counterparts. The Committee notes that this may indicate that earnings continue to a certain extent to be determined on the basis of whether a man or a woman performs the job. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women, for the widest possible number of sectors, industries and occupations. The Committee also asks the Government to provide data on the earnings of men and women according to educational level. Please also provide information on measures taken to reduce the gender wage gap, and the results thereof.

2. Equal remuneration legislation. The Committee recalls its previous comments concerning the narrow scope of section 4 of the Equal Remuneration Act, 1976, which requires employers to pay equal remuneration to men and women for the same work or work of a similar nature. The Committee hopes that the Government will make every effort to ensure that any future revision of the equal pay legislation will include a provision that goes beyond a reference to the “same” or “similar” work, choosing instead the “value” of the work as a point of comparison. In this regard the Committee notes that the Government no longer plans to merge the Minimum Wages Act, 1948, the Payment of Wages Act, and the Equal Remuneration Act, 1976, which would have provided an opportunity to bring the equal pay legislation in line with the Convention. Recalling its general observation of 2006, in which it stressed that the concept of “work of equal value” goes beyond similar work and encompasses work that is of an entirely different nature, which is nevertheless of equal value, the Committee asks the Government to provide information on the measures taken to bring the Equal Remuneration Act into conformity with the Convention.

3. Enforcement. The Committee notes the information provided concerning the enforcement of the Equal Remuneration Act, 1976, in respect of establishments under the sphere of central Government during 2005–06. The Committee welcomes the efforts made by the Government to draw the attention of the State authorities to the need for more effective implementation of the Act and to seek related information from them. The Committee notes that the information provided by the state authorities is of a general nature and does not indicate the number, nature and outcomes of equal pay cases handled by the authorities. The Committee asks the Government to continue to provide detailed information on the enforcement of the Equal Remuneration Act by the central authorities, and to seek and provide such information also in respect of the states and territories. Noting that the report does not provide information on important equal pay cases decided by the courts, the Committee reiterates its request to the Government to supply such information in its next report.

4. Objective job evaluation. The Committee recalls that, according to the Centre of Indian Trade Unions (CITU) work traditionally done by women, such as weeding and transplanting in the agricultural sector, is often classified as “light work” which does not correspond with the real nature of the tasks involved. In this regard, the Committee stressed the need to promote the development and use of job classifications established on the basis of the work actually performed, using objective criteria unrelated to the worker’s sex and free from gender bias. It also stressed that the principle of equal remuneration for men and women for work of equal value does not require only the abolition of separate wage rates for men and women but also the elimination of sex-discriminatory job classifications. Noting that no information has been provided in reply to these comments, the Committee asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods as a means to determine wage rates irrespective of the worker’s sex.

5. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the report form concerning the Convention had been forwarded to all central organizations of workers and employers but notes that none of them gave specific comments concerning the Convention. The Committee asks the Government to indicate whether it has brought the Committee’s comments to the attention of these organizations, including the specific proposals made by the CITU in its communication of 24 August 2005. These were as follows: (1) special units in the labour department could be formed to monitor discrimination on the ground of sex in respect of wages, classification and promotion; (2) female labour officers should be involved systematically in the hearing and deciding of equal pay complaints; (3) trade unions should be authorized to lodge complaints under section 12 of the Equal Remuneration Act. The Committee asks the Government to continue to seek the cooperation of workers’ and employers’ organizations with a view to giving full effect to the Convention, to provide them with the present comments, and to indicate the outcomes of any consultations held on these matters, including the proposals made by the CITU.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 1 and 2 of the Convention. Application in law. The Committee notes that the Government has not provided any information in reply to the Committee’s previous comments concerning the narrow scope of section 4 of the Equal Remuneration Act, 1976, which requires employers to pay equal remuneration to men and women for the same work or work of a similar nature. The Committee hopes that the Government will make every effort to ensure that any future revision of the equal pay legislation will include a provision that goes beyond a reference to the "same" or "similar" work, choosing instead the "value" of the work as a point of comparison, and asks the Government to provide information on any further developments in this regard. Please indicate whether the preparation of a comprehensive draft law on wages merging the Minimum Wages Act, 1948, the Payment of Wages Act, and the Equal Remuneration Act, 1976, is still being considered.

2. Parts III and IV of the report form. Further to its observation, the Committee asks the Government to supply a copy of the instructions issued to labour inspectors concerning how to conduct "relief-oriented" inspections. Please also provide information on the most important cases concerning equal pay decided by the courts.

3. Part V of the report form. Statistical information. Noting that the Government’s report does not include statistical information on the earnings of men and women, the Committee asks the Government to provide the latest available statistical data on wages, disaggregated by sex, and as far as possible according to educational level, industry and occupation.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Communications from workers’ organizations. The Committee notes the communication dated 24 August 2005 received from the Centre of Indian Trade Unions (CITU) concerning the application of Conventions Nos. 100 and 111. The CITU states that wage discrimination exists in the beedi industry, agriculture, plantation, construction and manufacturing, particularly in the unorganized sector. The CITU considers that the Government is not properly enforcing the Equal Remuneration Act (ERA) and calls for a greater role of trade unions in the implementation of the Act. The Committee notes that the CITU makes three specific proposals: (1) special cells in the labour department could be formed to monitor discrimination on the ground of sex in respect of wages, classification and promotion; (2) female labour officers should be involved systematically in the hearing and deciding of equal pay complaints; (3) trade unions should be authorized to lodge complaints under section 12 of the ERA. The Committee also recalls the comments made by the International Confederation of Free Trade Unions (ICFTU) in 2002 and the National Front of Indian Trade Unions (NFITU) in 2001, also drawing attention to difficulties concerning the application of the Convention and the ERA in the informal economy and the unorganized sector.

2. Articles 1 and 2 of the Convention. Enforcement of equal pay legislation. In its brief report, the Government points out that the central Government was responsible for the enforcement of the ERA only in relation to employment carried out within the central Government or under its authority, and regarding some specific sectors identified in the Act. The majority of establishments and sectors are under the jurisdiction of the respective state governments. The Government’s report indicates that 4,048 inspections conducted in 2002 and 2003 under the ERA in establishments under the responsibility of the central Government revealed 97 cases of unequal wages and 4,246 cases of non-maintenance of registers. In 2003 and 2004, a total of 4,022 inspections revealed 582 cases of unequal wages and 5,025 irregularities concerning non-maintenance of registers. During the same period, 454 complaints were lodged under section 12 of the ERA. The Government also states that high priority is being given to inspections under the Minimum Wage Act and the ERA of establishments in the unorganized sector. Inspectors tried to raise awareness among male and female workers about their rights and were instructed to conduct "relief-oriented" inspections.

3. The Committee notes that the number of violations detected under the ERA in establishments under central government responsibility largely corresponds to the figures reported for previous years. It notes that the Government appears to have adopted a more proactive approach with regard to monitoring compliance with minimum wage and equal pay legislation in the unorganized sector, in accordance with the Tenth Five-Year Plan (2002-07) which provides for the reduction of gender pay gaps by at least 50 per cent by 2007. However, on the basis of the very general information provided by the Government, the Committee is not in a position to assess the scope and impact of these efforts. The Committee asks the Government to continue to provide information on the number of violations found by labour inspectors under the ERA and complaints brought under section 12 of the Act, including information concerning the nature and outcome of such cases. It asks the Government to provide more detailed information on the strategies and specific measures adopted for implementing minimum wage and equal pay legislation in the informal economy and unorganized sector, and on their implementation and impact in practice. The Government is further urged to take the necessary measures to collect and supply to the Committee information on all these issues in relation to employment within the jurisdiction of the states. The Committee trusts that the Government will engage in a dialogue with workers’ and employers’ organizations with a view to strengthening the application of the Convention and the ERA, and asks the Government to keep it informed of the resulting conclusions and agreements, including those relating to the proposals made by the CITU.

4. Article 3. Objective job evaluation. The Committee notes the CITU’s statement that work traditionally done by women, such as weeding and transplanting in the agricultural sector, is often classified as "light work" which does not correspond to the real nature of the tasks involved. In this regard, the Committee stresses the need to promote the development and use of job classifications established on the basis of the work actually performed, using objective criteria unrelated to the worker’s sex and free from gender bias. It stresses that the principle of equal remuneration for men and women for work of equal value does not only require the abolition of separate wage rates for men and women but also the elimination of sex-discriminatory job classifications. The Committee asks the Government to indicate the measures taken to promote the use of objective job evaluation methods as a means to determine wage rates irrespective of the worker’s sex.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its observation, the Committee notes the information contained in the Government’s report and the attached information and statistics.

1. The Committee notes the detailed statistical information on the average wages/salary earnings per day for rural and urban men and women by sector and education category for the period 1999-2000. It notes that while in rural areas women’s daily earnings amount to 89.5 per cent of men’s, significant wage disparities exist between illiterate men and women (56.6 per cent) and men and women graduates (72.38 per cent), especially those in the agricultural sector. The wage gap between men and women is slightly wider (with women’s average daily earnings being 82.64 per cent of men’s) in urban areas and is particularly wide for the illiterate (with women’s average daily earnings being 59.1 per cent of men’s) and literate up to the middle education categories (with women’s average earnings being 61.2 per cent of men’s); again with significant wage disparities for the agricultural sector. The Committee also notes in particular the wage differences that exist in both rural and urban areas between men and women engaged in private households (where rural women’s average earnings are 66 per cent of those of men’s and urban women’s average earnings 47 per cent of those of men’s). Furthermore, from the statistics provided on the wages rates of male and female casual labourers, the Committee notes that casual women workers engaged in public works earn only 79.06 per cent of what men earn and that for those engaged in other than public works, the average daily earnings for women casual workers are 88.4 per cent of men’s in rural areas and only 60.5 per cent in urban areas. The Committee asks the Government to provide information in its next report on the action taken or contemplated to diminish the wage gap between men and women in the illiterate and graduate education categories in rural areas and in illiterate and middle level education categories in urban areas. Please also provide information on any action taken to address the wage disparities between male and female casual workers, especially those engaged in non-public work in urban areas.

2. With regard to the narrow scope of section 4 of the Equal Remuneration Act, 1976, which requires employers to pay equal remuneration to men and women for the same work or work of a similar nature, the Committee notes that the Government indicates that it would not be practical at this stage to expand the scope of this provision. However, the Committee notes that, based on the recommendations of the 2nd National Labour Commission, the Government is considering for adoption a comprehensive draft law on wages merging the Minimum Wages Act, 1948, the Payment of Wages Act, and the Equal Remuneration Act, 1976. Referring to its previous comments, it hopes that this time the new act on wages will include a provision that goes beyond a reference to the "same" or "similar" work, choosing instead the "value" of the work as a point of comparison, and asks the Government to provide a copy of the act, once it is adopted.

3. Referring to its previous request for information on the activities carried out under the grants-aid scheme of the Women Cell of the Ministry of Labour and by the Central Advisory Committee, the Committee notes that, except for the Government’s statement that the Central Advisory Committee has taken a number of meaningful decisions to explore new avenues to generate women’s employment, the Government’s report does not provide any further information on this matter. The Committee is therefore bound to repeat its previous request for information on the activities carried out by these organizations and hopes that the Government’s next report will contain full information on this matter.

4. Noting that the Government’s report does not contain a reply on the following matter, the Committee has to reiterate its previous request to the Government to provide information on the manner in which the activities of the women’s cells set up by some state governments are undertaken and how they assist in implementing the Convention.

5. Please continue to provide information on any complaints that have been submitted by the voluntary organizations authorized by the central and state governments to bring equal pay complaints under section 12(2) of the Equal Remuneration Act and on the outcomes of any such complaints.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report.

1. In its previous observation, the Committee noted that the Government’s report contained virtually no reply to the comments made by the National Front of Indian Trade Unions (NFITU) alleging that the principle of equal remuneration between men and women workers for work of equal value was not respected in the informal economy and the unorganized sector. It also noted the comments from the International Confederation of Free Trade Unions (ICFTU) that, in spite of the Equal Remuneration Act, 1976, wage gaps between men and women persist across all sectors. The ICFTU also maintained that the policies and programmes adopted to promote empowerment of women, included in the Ninth Plan, were superficial and that further action was necessary, especially in the traditional sectors. In this regard, the Committee asked the Government to report on the implementation of the policies under the Ninth Plan to reduce the wage disparity between men and women.

2. With regard to the allegations made by the NFITU, the Committee notes that the Government’s report once again does not reply to this matter. The Committee notes, nevertheless, that the Ninth Plan (1997-2002) draws attention to the high representation of women in the unorganized sector "where there are no legislative safeguards even to claim either minimum or equal wages along with their male counterparts". The Plan, therefore, states that special efforts will be made to ensure that the laws relating to both the minimum wage and equal pay shall be strictly implemented in this sector. The Committee also notes from the detailed statistical information provided by the Government that the earnings gap is significantly larger between illiterate men and women in both rural (women’s daily earnings amount to 56.6 per cent of men’s) and urban areas (women’s daily earnings amount to 59.1 per cent of men’s) and as compared to men and women in the literate up to graduate categories. The Committee asks the Government to indicate in its next report the strategy developed for implementing minimum wages and equal pay laws in the informal economy in a meaningful way and to report on any results this has achieved in reducing the pay gap between men and women. Please also indicate the collaboration of workers’ and employers’ organizations in this initiative.

3. With regard to the comments made by ICFTU, the Committee notes the Government’s statement that there are no major violations of the provisions of the Equal Remuneration Act, 1976. While the Government acknowledges that, according to the 4th Round Occupational Wage Survey, differences in wage rates exist in certain industries between men and women; it also maintains that these cannot all be considered as violations of the Act, since wage differences in an occupation at unit level could be due to differences in qualification, experience, length of service, employment status, or difference in output. While noting the Government’s explanations, the Committee nevertheless recalls that while the explanation provided by the Government may explain the wage differential in part, it would not explain all of that differential. Wage classification structures which are not based on objective job evaluations may also play a part. Moreover, such factors as employment status and experience, which appear to be neutral factors, may in practice be applied differently as between men and women. The low status of women due to stereotypical attitudes towards the roles of men and women and the unequal treatment of women in general as regards their access to vocational and employment opportunities is one of the root causes of inequalities in remuneration and of the undervaluation of the work women do. While noting the policies for the empowerment of women included in the Ninth Plan (1997-2002), the Committee understands that measures to achieve de facto equality of women through their social and economic empowerment have been brought together under a National Policy for the Empowerment of Women (2001). Noting that the policy objectives include equal access for women to quality education and vocational guidance, employment and remuneration, the Committee asks the Government to provide full information in its next report on the measures taken or envisaged to implement these objectives, with a view to reducing wage disparities between men and women in the various sectors of the economy and to report on the results achieved thereof. Underlying the importance to the application of the Convention, which the Committee places on enforcement of the legislation, the Committee asks the Government to supply information on the enforcement of the Equal Remuneration Act by the labour inspectorate and the judiciary.

The Committee is addressing a request directly to the Government in respect of other matters.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report and the attached information, including the statistical data.

1. Referring to its previous request for information on the measures taken to promote equal remuneration for men and women for work of equal value, the Committee notes that the Government has implemented a grants-in-aid scheme for women workers, which provides grants to voluntary organizations to educate and generate awareness among women workers about their rights under the existing laws, including the Equal Remuneration Act, 1976. The Committee asks the Government to supply information on the activities funded by these grants and, where possible, to indicate their impact on raising women’s awareness of the equal pay legislation. Additionally, the Committee repeats its previous request to the Government for information on the activities of the Equal Remuneration Act’s Central Advisory Committee, particularly those relating to the creation of employment opportunities for women.

2. The Committee notes the Government’s indication that the scope of section 4 of the Equal Remuneration Act will not be expanded as it is by and large in conformity with the principle of the Convention. The Committee points out, however, that in previous comments it had expressed its concerns regarding the narrow scope of section 4 of the Act, which requires employers to pay equal remuneration to men and women workers for the same work or work of a similar nature. It again refers the Government to the language of the Convention, which calls for equal remuneration for men and women workers to be established "for work of equal value", thus going beyond a reference to the "same" or "similar" work, choosing instead the "value" of the work as the point of comparison. This basis of comparison is intended to reach discrimination that may arise out of the existence of occupational categories and jobs reserved for women and is aimed at eliminating inequality of remuneration in female-dominated sectors. The Committee once again recommends that section 4 of the Equal Remuneration Act be modified to expand its scope, giving legislative expression to the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee notes that the activities of the women’s cells set up by some state governments have focused on the redress of grievances and the implementation of special labour provisions for women workers. It asks the Government to provide further information on the manner in which these activities are undertaken and how they assist in implementing the Convention.

4. The Committee notes with interest the list of social welfare organizations recognized by the central Government under section 12(2) of the Equal Remuneration Act, 1976. With respect to the organizations authorized by the central and state governments to bring equal pay complaints under section 12(2), the Committee further notes that none of these organizations has filed a complaint. It asks the Government to continue to provide information respecting equal pay complaints in its next report.

5. The Committee notes the detailed statistical information on average wage/salary earnings for men and women in the Government’s report. It notes that for women in the rural agricultural sector daily average earnings are 70 per cent of that of men, whereas women in the urban manufacturing sector daily earned 66 per cent compared with men. Noting that the statistics provided did not indicate the years to which they relate, the Committee asks the Government to continue to provide statistical information disaggregated by sex on the wages of men and women workers and indicate the years for which they are valid in order to enable the Committee to assess the changes in the rates of women’s remuneration. Also, please provide information on the action envisaged to diminish the wage gap between men and women.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report as well as the comments from the International Confederation of Free Trade Unions (ICFTU) received on 11 June 2002.

The Committee notes that, aside from indicating that no complaints have been received on the matter, the Government’s report contains virtually no reply to its previous comment on the observations of the National Front of Indian Trade Unions (NFITU), which alleged that the principle of equal remuneration for men and women workers for work of equal value is not respected in the informal and unorganized sectors. It further notes the comments of the ICFTU claiming widespread contraventions of the principle of the Convention. In spite of the existence of the Equal Remuneration Act, 1976, the ICFTU points out that wage gaps between men and women persist across all sectors. The ICFTU further maintains that, although the Government has included policies and programmes to achieve the empowerment of women in its Ninth Plan, these have been criticized as superficial: much room for further action remains, particularly in traditional industries. In this regard, the Committee notes the Government’s indication that under the Equal Remuneration Act a Central Advisory Committee has been set up which oversees the implementation of the provisions of the Equal Remuneration Act and advises the Government with respect to the creation of employment opportunities for women workers. It also notes that, according to the statistics attached to the Government’s report, 4,285 inspections were carried out in 2001. Referring to its previous comments on the observations of the NFITU, the Committee asks the Government to provide statistical data on the inspections carried out in the informal and unorganized sectors to enforce India’s equal pay legislation. It also asks the Government to supply a copy of its Ninth Plan and to provide information on the implementation of the policies contained therein to reduce the wage disparity between men and women.

The Committee is addressing a request directly to the Government in respect of other matters.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report and the attached information, including the comments made by the National Front of Indian Trade Unions.

1. The Committee notes the Government’s statement that the Equal Remuneration Committee was reconstituted in January 1999. Its tasks are set out in section 6(1) of the Equal Remuneration Act, 1976, which states that it shall advise the Government on how to provide increasing employment opportunities for women. The Committee notes that the Equal Remuneration Committee held its first meeting in February 1999 and asks the Government to provide information in its next report on the activities of the Equal Remuneration Committee and, more generally, on any promotional measures taken to promote equal remuneration for men and women workers for work of equal value.

2. The Committee notes that a Tripartite Training Course on the Application of Convention No. 100 was held in New Delhi on 28-30 June 1999 in collaboration with the Office. The Committee notes the follow-up actions to improve the application of Convention No. 100 adopted by the meeting, including: to examine section 4 of the Equal Remuneration Act, 1976, in order to determine whether the concept of "work of equal value" should be included in addition to or in place of "same or similar work"; and to amend the above Act to shift the burden of proof in equal pay claims to the employer, and to establish effective procedures and remedies that emphasize the correction of violations and compensation over sanctions. The Committee asks the Government to provide information with its next report on the measures taken in this respect.

3. The Committee notes that in the public sector the officials of the state government are responsible for ensuring the application of the principles set out in the Convention. Some state governments have set up women’s cells in order to ensure the application of labour legislation to women workers. The central Government has also set up an advisory committee dealing with employment opportunities for women. The Committee asks the Government to provide additional information with its next report on the activities of the above women’s cells and advisory committee.

4. The Committee notes the Government’s statement that central enforcement of the Equal Remuneration Act, 1976, is carried out by the Central Chief Labour Commissioner, who is the head of the Central Industrial Relations Machinery. The central Government appoints labour enforcement officers as inspectors to carry out investigations and assistant labour commissioners to hear and decide complaints, and their decisions may be appealed to the regional labour commissioners. The Committee notes the statistical information provided on the labour inspections carried out under the Equal Remuneration Act, 1976. It notes that at the state level the number of inspections fell by about 15 per cent between 1997 and 1998 and that the number of violations detected diminished by 25 per cent over the same period. At the central level, for the same period, the number of inspections carried out fell by nearly 50 per cent, while the number of violations reported increased by 25 per cent. The Committee asks the Government to continue to provide information on the action taken to ensure the application of the principle of the Convention.

5. The Committee notes that the states have been encouraged to authorize social welfare organizations to bring equal pay complaints under section 12(2) of the Equal Remuneration Act, 1976. It notes the Government’s statement that many of the states consider that the existing state machinery is capable of dealing with such complaints and have therefore not given authorization to allow these organizations to bring such action. The Committee asks the Government to continue to provide information respecting equal pay complaints with its next report.

6. The Committee notes the statistical information "Average daily earnings of workers in all occupations by age and sex in selected industries in India covered under the fifth round of occupational wage survey", attached to the Government’s report. It notes that in rubber plantations the hourly average wage of women workers is 95 per cent of that of men, while in textiles and garments women only earned 63 per cent compared with men. The Committee asks the Government to continue to provide statistical information disaggregated by sex on the wages of men and women workers in the various sectors, as well as information on the action envisaged to diminish the wage gap between men and women.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the observations by the National Front of Indian Trade Unions (NFITU) that the principle of equal remuneration for men and women workers for work of equal value is not respected in the informal and unorganized sectors, particularly in stone quarries, stone crushing and agriculture. The NFITU claims that this is due to the monitoring system not functioning and adds that the machinery for supervising the implementation of the Convention needs to be improved. The NFITU further points out that collective bargaining sometimes helps in eliminating violations of the Convention. The Committee asks the Government to provide information with its next report on these points and measures taken to ensure the implementation of the Convention.

The Committee is addressing a request directly to the Government in respect of other matters.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report as well as the comments from the Centre of Indian Trade Unions (CITU).

1. While the Government indicates that the Equal Remuneration Act of 1976 is being enforced with complete earnestness, the CITU maintains that the enforcement machinery is not functioning effectively and that neither the Convention nor the Equal Remuneration Act is being properly applied. Asserting that inequality of remuneration persists, the CITU points out that the Convention and the Act are applied to the industries in the public sector, but that they are not applied to all of the industries in the formal or informal sector, including the construction and beedi industries. The CITU also comments on the need to monitor the situation of the many women employed in the home-based industries, stating that neither the Convention nor the Act is being applied to women employed in export processing zones, particularly in the garment industry. Further, the CITU suggests that the Equal Remuneration Committee, to which it has submitted concerns in the past, is no longer operational. The Committee notes these indications. It has long emphasized the need to secure effective enforcement of the Convention and the Equal Remuneration Act of 1976, both at the central government level and throughout the states and union territories. In this respect, the Committee notes that, according to the figures contained in the Government's report, a large number of inspections have been carried out to detect violations of the Act. The report indicates that, in 1995, the states and union territories conducted 37,323 equal pay inspections and identified 5,543 violations. The central Government conducted 4,367 equal pay inspections in 1995, finding 4,359 violations. It carried out 4,468 inspections in 1996, detecting 4,373 equal pay violations. The Committee requests the Government to continue to provide detailed information, by sector, if possible, on the inspections carried out in enforcing India's equal pay legislation, and the manner in which violations of the Act are remedied. It also requests the Government to indicate the operational status and activities of the Equal Remuneration Committee.

2. For some years, the Committee has expressed its concerns regarding the narrow scope of section 4 of the Act, which requires employers to pay equal remuneration to men and women workers for the same work or work of a similar nature. The Committee has referred the Government to the language of the Convention, which calls for equal remuneration for men and women workers to be established "for work of equal value," thus going beyond a reference to the "same" or "similar" work, choosing instead the "value" of the work as the point of comparison. This basis of comparison is intended to reach discrimination which may arise out of the existence of occupational categories and jobs reserved for women and is aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping.

The Government indicates that the scope of section 4 of the Equal Remuneration Act has been sufficiently widened through judicial pronouncements, citing the Supreme Court's decision in Mackinnon Mackenzie & Co., Ltd. v. Audrey D'Costa and Another. The Committee notes, however, that the Mackinnon decision did not expand the scope of the Equal Remuneration Act to bring it into alignment with the Convention. While the MacKinnon decision makes reference to the Convention, the Supreme Court's decision was predicated solely on the language of the Act; the Supreme Court nonetheless held that a broad view should be taken in deciding whether the work is the same or broadly similar. The Court stated that the concept of similar work implies differences in details, but emphasized that these details should not defeat a claim for equality on trivial grounds. In this context, the Court proposed that job evaluations should be conducted and that the jobs performed by men and women should be compared, looking at the duties actually performed. In light of the Mackinnon decision, the Committee therefore again recommends that section 4 of the Equal Remuneration Act be modified to expand its scope, giving legislative expression to the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee notes with interest the list of social welfare organizations recognized by the States of Andhra Pradesh, Maharashtra, Daman and Diu under section 12(2) of the Equal Remuneration (Amendment ) Act, 1987. The Government is asked to indicate what efforts are being made to encourage other state governments and union territories to authorize social welfare organizations to bring equal pay complaints under section 12(2). With respect to the organizations recognized by the central and state governments, please indicate the number of equal pay complaints brought by said organizations and the outcome of such complaints.

4. The Committee notes that the Government's report contains no data reflecting the average earnings of men and women workers in India. The Government is asked to provide the statistical information requested in the general observation on this Convention with its next report, in order to permit an evaluation of the progress made in the application of the Convention.

5. The Committee notes that the Government has indicated that it would like to receive an expert team from ILO headquarters in the near future with a view to continuing its dialogue with the Office and also to enrich its knowledge in connection with the Convention. The Committee is informed that the Office will respond positively to this request.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information contained in the Government's report.

1. For some years, the Committee has sought to encourage the Government to strengthen the enforcement of the Equal Remuneration Act 1976. Comments made by the Centre of Indian Trade Unions had pointed to shortcomings in the implementation of the legislation and studies undertaken in the late 1980s by the Ministry of Labour on the socio-economic conditions of women confirmed that the Act, as well as the Minimum Wages Act 1948, was circumvented frequently by employers. The Committee has also tried to encourage the Government to consider widening the scope of section 4 of the Act, which limits equal pay to men and women performing the same work or work of a similar nature for the same employer.

2. The Committee notes with interest from the Government's report that inspections carried out in 1993 and in 1994 succeeded in rectifying more than 3,500 violations of the Equal Remuneration Act at the central level in each of those years. The data provided in respect of the states and union territories disclose fewer violations of the Act detected through inspection in 1993 and in 1994 than in previous years, although it is not clear whether the figures provided include information for all jurisdictions as there have been evident difficulties in collecting complete data in the past. The Committee recalls that, in order to facilitate the prosecution of violations under the Act, the Government amended section 12 of the Act in 1987 to empower the courts to try any offence punishable under the Act on the basis of a complaint made by the aggrieved person or by a recognized social welfare institution or organization, in addition to prosecution by governmental authorities. The central Government has recognized four social organizations for this purpose but so far, only six states or union territories have recognized such organizations, the names of which have been supplied in the report. The Committee notes, moreover, that the four organizations recognized at the central level have demanded that additional powers be conferred upon them to inspect the premises, documents and other material of employers and that the views of the state governments are being obtained on this matter. The Committee hopes the Government will make every effort to encourage all states and union territories to recognize social organizations for the purpose of making complaints under the Act and that consideration will be given to granting sufficient powers to these organizations to enable them to play an effective role in enforcing the Act.

3. As there have remained outstanding for some years a number of questions concerned with the effective application of the Convention, both in terms of the provisions of the Equal Remuneration Act and as concerns its implementation in practice, the Committee suggests that the Government have recourse to the technical advisory services of the Office, with a view to facilitating progress in this area and in order to enable the Committee to make a better assessment of the extent of application of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information provided in the Government's report.

1. Noting that the central Government has yet to receive the requested information, the Committee hopes that the Government will be in a position to supply information in its next report on the means by which comparisons are made between the work performed by men and women as regards categories covered by Notification No. SO 444 of 7 May 1985 of the State of Bihar, in which either men or women are mainly or predominantly employed.

2. The Committee notes that, as yet, no revised notification concerning exemptions has been issued under section 16 of the Equal Remuneration Act, in respect of the employment of air hostesses and flight stewards. The Committee requests the Government to supply a copy of any such notification issued. It also again requests the Government to provide information concerning the outcome of the industrial action taken by the air hostess' association in May 1990.

3. The Committee would be grateful if the Government would continue furnishing information indicating the number of inspections undertaken, the number of irregularities detected and rectified and the number of prosecutions launched under the Equal Remuneration Act at the central level and in the states. The Committee also requests the Government to provide information on the extent to which irregularities are detected in the central and state jurisdictions under the Minimum Wages Act, 1948, more particularly as concerns groups of women workers who might be considered especially vulnerable, such as those who are unorganized and tribal.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information contained in the Government's report.

1. In previous comments, the Committee had observed that the scope of the principle of equal pay under section 4 of the Equal Remuneration Act 1976 was limited to men and women performing the same work or work of a similar nature for the same employer. The Committee recalls the Government's statement that the introduction of the concept of equal pay for work of equal value may not be possible at the present stage of development and that priority should be given instead to the full implementation of the provisions of the Equal Remuneration Act. In its present report, the Government states that the Act ensures equal remuneration to men and women for work which is of equal value to the same employer and that "it is neither possible nor necessary for legislation alone to meet the principles of the Convention". It also states that other options identified in the Convention itself may be expected to play the complementary role. In this regard, the Committee notes the Supreme Court decision in the case of D'Costa v. MacKinnon MacKenzie and Company which indicates that the scope of the Equal Remuneration Act is indeed more limited than that of the principle of the Convention (Supreme Court Cases (1987) 2 SCC pp. 469-482). The Supreme Court stated that discrimination arose only where men and women doing the same or a similar kind of work were paid differently. The Court distinguished this situation from that where men and women carried out different kinds of work, by stating that, in respect of the work done by men which women may not be able to undertake such as loading, unloading, carrying and lifting heavier things, there cannot be any discrimination on the ground of sex (page 478).

2. The Committee considers that, where equal pay legislation exists, it must be consistent with the principle set out in the Convention. Apart from seeking to determine whether national legislation provides a framework sufficient to ensure the application of the principle of equal pay, as enunciated in the Convention, the Committee also regularly requests information from ratifying States concerning the ways in which the principle of equal pay for work of equal value is ensured and promoted in practice, according to the provisions of the Convention. In the present case, the Committee requests the Government to provide full information in its next report on the effect given, in practice, to the provisions of the Convention in the hope that the Government is considering measures to ensure the application of the principle of the Convention which go beyond a reference to "the same" or "similar" work, and make the point of comparison the "value" of the work.

3. In the comments it has made for a number of years, the Committee has also sought to encourage the Government to improve the enforcement of the Equal Remuneration Act 1976, as there appeared to be numerous cases in which women received lower wages than men for equal work or for work of equal value. The Committee had noted that, according to the Centre of Indian Trade Unions (CITU), there were many shortcomings in the implementation of the Act; and that, in certain industries, employers used a piece-rate system to avoid paying equal wages for women or they claimed that the work performed by women was of a different nature to that performed by men, whereas the nature of the work was the same or similar. The Committee had also referred to a number of studies undertaken by the Labour Bureau of the Ministry of Labour in the late 1980s on the socio-economic conditions of women workers in various industries, which confirmed that the Act was circumvented frequently by employers.

4. The Committee notes the Government's explanation in its present report concerning the fixing of wage rates for piece-work, including the fact that the system is limited to certain types of employment or to particular processes where it is feasible and is needed to provide flexibility in view of the nature of the job and to enhance productivity. The Committee hopes that the Government will provide, in its next report, some indication (even by way of a representative statistical sample) of the proportion of men and women in the particular industries or jobs for which piece-rates are fixed, together with information on the average wages (differentiated by sex) received by those workers, as compared to time-rate workers. As concerns this question, the Committee wishes to determine the extent to which the wage rates of women workers are fixed according to their productivity. The Committee also hopes that the Government's next report will contain information on the action taken by the relevant state governments to rectify the instances of wage discrimination identified in the above-mentioned studies of the Labour Bureau.

5. Also in relation to its previous observations, the Committee notes that a scheme for strengthening the enforcement machinery for legislation relating to women and children was transferred to state governments under the 8th Five-Year Plan (1992-97). In addition, a process of active consultation has been initiated with both the workers' and employers' organizations at the central level to secure their support for better implementation of the legislation. The Committee again requests the Government to supply specific information on the way these initiatives have furthered the implementation of equal pay.

6. The Committee notes that, following the Central Government's recognition of four social welfare organizations as having competence to file complaints under the Equal Remuneration Act, all state governments have been requested to extend recognition to appropriate organizations for the same purpose. The Committee would be grateful if the Government would indicate the names of the organizations that have been so recognized by the states. It also requests the Government to indicate the measures taken to educate and inform representatives of these organizations about the concept of equal pay, including information on the requirements of the Convention. The Committee takes this opportunity to remind the Government that technical assistance, including the provision of material designed to explain the provisions of ILO standards, is available from the International Labour Office.

7. The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Further to its observation, the Committee requests the Government to supply information on the following points:

1. As requested in the first paragraph of the Committee's 1992 direct request, please indicate the means by which comparisons are made between the work performed by men and women as regards categories covered by Notification No. SO 444 of 7.5.1985 of the State of Bihar, in which either men or women are mainly or predominantly employed.

2. The Committee requests the Government to provide information concerning the outcome of the industrial action taken by the Air Hostess Association and to provide a copy of the revised notification to be issued by the Government in respect of the employment of air hostesses and flight stewards under section 16 of the Equal Remuneration Act. The Committee requests the Government to provide a copy of the Supreme Court decision in the case of D'Costa v. Mackinnon, MacKenzie and Company, which was unfortunately not received with the Government's report.

3. Referring to paragraph 2 of its 1991 direct request, the Committee has noted that information concerning the employment and absorption of a number of women workers will be forwarded once it has been received from the Ministry of Railways.

4. The Committee asks the Government to continue supplying full and detailed statistics, for both the private and public sectors, which show how the principle of the Convention is being applied.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

For a number of years, the Committee has drawn attention to the need to improve the enforcement of the provisions of the Equal Remuneration Act, 1976, as there appeared to be numerous cases in which women received lower wages than men for equal work or for work of equal value. It had also observed that the scope of the principle of equal remuneration under the Act was more limited than the principle of the Convention, as it covered only men and women performing the same work or work of a similar nature for the same employer. In its observation of 1991, the Committee had noted with interest certain amendments to the Equal Remuneration Act designed to increase its effectiveness. It had also noted the measures taken to strengthen the supervision of the legislation and the substantial increase in the number of prosecutions launched under the Act. In addition, it had noted the Government's statement that the introduction of the concept of equal pay for work of equal value may not be possible at the present stage of development and that priority should be given instead to the full implementation of the provisions of the Equal Remuneration Act. The Committee had also referred to a communication received from the Centre of Indian Trade Unions (CITU) stating that there remained many shortcomings in the implementation of the Equal Remuneration Act. In particular, the CITU had stated that in certain industries, employers used a piece-rate system to avoid paying equal wages for women or they claimed that the work performed by women was of a different nature to that performed by men, whereas the nature of the work was the same or similar, and this explained why women workers in beedi, construction, garment, agriculture and other industries continued to receive lower wages than male workers. As concerns these claims, the Committee had referred to a number of studies undertaken by the Labour Bureau (Ministry of Labour, Government of India) on the socio-economic conditions of women workers in various industries, which confirmed that the provisions of the Equal Remuneration Act were circumvented frequently by employers. Accordingly, the Committee expressed the hope that the Government would draw the attention of the competent state authorities to such situations as those revealed in the studies, in order to correct them in accordance with the requirements of the national legislation and of the Convention. The Committee has noted with interest that the sex-differentiated minimum wage rates fixed for agricultural workers in Kerala will be amended on the occasion of the next minimum wage revision, and that a copy of the notification will be forwarded when it is available. The Committee has noted the explanations provided by the Government concerning the fixing of minimum wage rates for time-work or piece-work and the procedures observed to enforce the provisions of the Minimum Wages Act, 1948, whenever cases of wage discrimination arise. It requests the Government to provide, in its next report, detailed information on the action taken to rectify the instances of wage discrimination identified in the studies undertaken by the Labour Bureau. In relation to the fixing of minimum wage rates for piece-work, the Committee requests the Government to indicate the proportion of men and women in particular industries such as beedi, construction, garment and agriculture, or in occupations within those industries, for whom piece-rate wages are fixed and to provide information separately for men and for women on the average wages received by those piece-rate workers as compared to time-rate workers. As concerns measures to better publicize the provisions of the Equal Remuneration Act, the Comittee has noted with interest that the tripartite Central Board for Workers' Education trained 91,920 women workers during the period 1990-91 and 50,604 during 1991; that legal literacy manuals have been developed by the Department of Women and Child Development; and that the Ministry of Labour introduced two new projects aimed at organizing women in construction industries to upgrade their skills, improve their conditions of work, give them functional literacy and to provide them with support services. In addition, schemes for providing child-care have been drawn up and included under the 8th Five Year Plan (1992-97) with a view to promoting the employment and improving the working conditions of women in the organized sector. In respect of measures to strengthen the enforcement machinery, the Committee has noted with interest that a pilot scheme of providing financial assistance to state governments for enforcing legislation relating to women and children is to be extended, under the 8th Five Year Plan, to other states in need of such assistance. It has also noted, in this regard, that a process of active consultation has been initiated with workers' and employers' organizations at the central level to secure their support in improving implementation of the legislation. The Committee requests the Government to supply information on the particular significance of these measures in relation to the implementation of the Convention. Noting that a number of state governments have extended recognition to welfare institutions or organizations for the purpose of filing complaints under the Equal Remuneration Act, the Committee requests the Government to indicate in its future reports, any further developments in this regard together with information on the specific role taken by these organizations to promote a better observance of the legislation.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its observation, the Committee requests the Government to supply information on the following points:

1. As requested in the first paragraph of the Committee's 1992 direct request, please indicate the means by which comparisons are made between the work performed by men and women as regards categories covered by Notification No. SO 444 of 7.5.1985 of the State of Bihar, in which either men or women are mainly or predominantly employed.

2. The Committee requests the Government to provide information concerning the outcome of the industrial action taken by the Air Hostess Association and to provide a copy of the revised notification to be issued by the Government in respect of the employment of air hostesses and flight stewards under section 16 of the Equal Remuneration Act. The Committee requests the Government to provide a copy of the Supreme Court decision in the case of D'Costa v. Mackinnon, MacKenzie and Company, which was unfortunately not received with the Government's report.

3. Referring to paragraph 2 of its 1991 direct request, the Committee has noted that information concerning the employment and absorption of a number of women workers will be forwarded once it has been received from the Ministry of Railways.

4. The Committee asks the Government to continue supplying full and detailed statistics, for both the private and public sectors, which show how the principle of the Convention is being applied.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information provided by the Government in its reports.

For a number of years, the Committee has drawn attention to the need to improve the enforcement of the provisions of the Equal Remuneration Act, 1976, as there appeared to be numerous cases in which women received lower wages than men for equal work or for work of equal value. It had also observed that the scope of the principle of equal remuneration under the Act was more limited than the principle of the Convention, as it covered only men and women performing the same work or work of a similar nature for the same employer.

In its observation of 1991, the Committee had noted with interest certain amendments to the Equal Remuneration Act designed to increase its effectiveness. It had also noted the measures taken to strengthen the supervision of the legislation and the substantial increase in the number of prosecutions launched under the Act. In addition, it had noted the Government's statement that the introduction of the concept of equal pay for work of equal value may not be possible at the present stage of development and that priority should be given instead to the full implementation of the provisions of the Equal Remuneration Act. The Committee had also referred to a communication received from the Centre of Indian Trade Unions (CITU) stating that there remained many shortcomings in the implementation of the Equal Remuneration Act. In particular, the CITU had stated that in certain industries, employers used a piece-rate system to avoid paying equal wages for women or they claimed that the work performed by women was of a different nature to that performed by men, whereas the nature of the work was the same or similar, and this explained why women workers in beedi, construction, garment, agriculture and other industries continued to receive lower wages than male workers. As concerns these claims, the Committee had referred to a number of studies undertaken by the Labour Bureau (Ministry of Labour, Government of India) on the socio-economic conditions of women workers in various industries, which confirmed that the provisions of the Equal Remuneration Act were circumvented frequently by employers. Accordingly, the Committee expressed the hope that the Government would draw the attention of the competent state authorities to such situations as those revealed in the studies, in order to correct them in accordance with the requirements of the national legislation and of the Convention.

The Committee has noted with interest that the sex-differentiated minimum wage rates fixed for agricultural workers in Kerala will be amended on the occasion of the next minimum wage revision, and that a copy of the notification will be forwarded when it is available. The Committee has noted the explanations provided by the Government concerning the fixing of minimum wage rates for time-work or piece-work and the procedures observed to enforce the provisions of the Minimum Wages Act, 1948, whenever cases of wage discrimination arise. It requests the Government to provide, in its next report, detailed information on the action taken to rectify the instances of wage discrimination identified in the studies undertaken by the Labour Bureau. In relation to the fixing of minimum wage rates for piece-work, the Committee requests the Government to indicate the proportion of men and women in particular industries such as beedi, construction, garment and agriculture, or in occupations within those industries, for whom piece-rate wages are fixed and to provide information separately for men and for women on the average wages received by those piece-rate workers as compared to time-rate workers.

As concerns measures to better publicize the provisions of the Equal Remuneration Act, the Comittee has noted with interest that the tripartite Central Board for Workers' Education trained 91,920 women workers during the period 1990-91 and 50,604 during 1991; that legal literacy manuals have been developed by the Department of Women and Child Development; and that the Ministry of Labour introduced two new projects aimed at organizing women in construction industries to upgrade their skills, improve their conditions of work, give them functional literacy and to provide them with support services. In addition, schemes for providing child-care have been drawn up and included under the 8th Five Year Plan (1992-97) with a view to promoting the employment and improving the working conditions of women in the organized sector.

In respect of measures to strengthen the enforcement machinery, the Committee has noted with interest that a pilot scheme of providing financial assistance to state governments for enforcing legislation relating to women and children is to be extended, under the 8th Five Year Plan, to other states in need of such assistance. It has also noted, in this regard, that a process of active consultation has been initiated with workers' and employers' organizations at the central level to secure their support in improving implementation of the legislation. The Committee requests the Government to supply information on the particular significance of these measures in relation to the implementation of the Convention.

Noting that a number of state governments have extended recognition to welfare institutions or organizations for the purpose of filing complaints under the Equal Remuneration Act, the Committee requests the Government to indicate in its future reports, any further developments in this regard together with information on the specific role taken by these organizations to promote a better observance of the legislation.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee requests the Government to supply information on the following points:

1. As requested in point 2(a) of the Committee's 1991 observation, please indicate the means by which comparisons are made between the work performed by men and women as regards categories covered by Notification No. SO 444 of 7.5.1985 of the State of Bihar, in which either men or women are mainly or predominantly employed.

2. As concerns the building and construction sector where a high rate of wage irregularity has been observed, (which, in the Committee's view, called for special measures) the Committee notes with interest that the Government has proposed a welfare scheme to ensure that the basic amenities provided for in legislation are available to women workers, to enhance their skills and to enable them to earn better wages. The Committee would be grateful if the Government would supply information concerning the practical operation of the scheme in its next report.

3. The Committee has noted the comment of the Centre of Indian Trade Unions (CITU) concerning the notification issued by the Government under the Equal Remuneration Act to exclude air hostesses of certain airlines and professional workers from the equal remuneration provisions. The Committee requests the Government to provide full information concerning this matter, including a copy of the Supreme Court decision in the case of D'Costa v. Mackinnon, MacKenzie and Company, which was not received in the International Labour Office.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

For a number of years, the Committee has drawn attention to the need to better enforce the provisions of the Equal Remuneration Act, 1976, as there would appear to exist numerous cases in which women receive lower wages than men for equal work or for work of equal value. It has also observed that the scope of the principle of equality of remuneration under the above Act is more limited than the principle of the Convention, as it covers only men and women performing the same work or work of a similar nature for the same employer.

In its observation of 1991, the Committee noted with interest that the Equal Remuneration Act had been amended to widen the scope of the protection against discrimination, to provide for substantially increased penalties for offences under the Act, and to empower the courts to try such offences upon its own knowledge or upon a complaint made by the appropriate government or authorised officer, an aggrieved person or any recognised welfare institution or organisation. It also noted a substantial increase in the number of prosecutions launched under the Act in the central sphere, measures to strengthen the activities of the labour inspectorate, and information and comments concerning the situation in various sectors of employment and in various States. It also noted the Government's statement to the effect that it may not be possible to introduce the concept of equal pay for work of equal value at the present stage of development, as this is an advanced concept, and that priority should be given to the full implementation of the Equal Remuneration Act.

The Committee notes the information supplied by the Government and the discussions which took place at the Conference Committee in 1991. It also notes the comments made by the Centre of Indian Trade Unions (CITU) in a communication of May 1991, which was transmitted to the Government for its observations.

The Committee notes that the Government did not supply a report; neither did it send observations in reply to the communication of the CITU.

In its communication, the CITU states that despite the passing of the Equal Remuneration Act in 1976, there remain many shortcomings and loopholes. It reiterates its previous comments concerning the lack of serious efforts on the part of the Government and the enforcement authorities to implement the Act; states that in certain industries, employers use a piece-rate system to avoid equal wages for women workers or that they claim that the work performed by women is of a different nature to the work performed by men, while in fact the nature of work for men and women is the same or is similar, which explains why women workers in beedi, construction, garment, agriculture and other industries continue to get lower wages than male workers; points out that the powers under the Equal Remuneration Act to grant exemptions are grossly misused and that air hostesses in certain airlines and professional workers are excluded from the clause relating to equal remuneration; and refers to efforts made by the trade unions to raise consciousness among working women and men, and to similar efforts made by the central Government which, in its view, need to be followed up for more effective results to be achieved.

The Committee hopes that the Government will supply a full report for examination at its next session and that this report will provide information in relation to the points raised in the communication of the CITU and in reply to the Committee's following comments:

1. Recalling the statement made in the Government's last report to the effect that priority should be given to the full implementation of the Equal Remuneration Act, as amended, the Committee wishes to point to the importance of correcting as soon as possible the most serious cases of non-compliance with the principle of equal pay embodied in the above-mentioned Act.

The Committee has noted the information supplied at the Conference Committee concerning the application of the Act in various industries in a number of States. It has also noted the concern expressed by the CITU that in order to avoid paying women equal rates to those of men, employers use a piece-rate system or claim that women are undertaking different, less arduous work, and that in a number of industries women receive lower wages than men, in violation of the Act.

In this connection, the Committee has had the opportunity to refer to a series of studies undertaken by the Labour Bureau (Ministry of Labour, Government of India) on the socio-economic conditions of women workers in various industries. The study concerning the building and construction industry (released April 1989) revealed that the "daily wages of most of the unskilled female construction workers in Bombay, Madras and Calcutta cities were much less that those fixed under the Minimum Wages Act ... In some cases, women workers' daily wages were even less than the half or 60 per cent of the minimum wages ... Employers of as many as nine of the 14 construction projects studied in Bombay and nine of the 13 projects studied in Madras were violating the provisions of the Equal Remuneration Act, as in these cases the daily wages of unskilled women were much less than those of their male counterparts ... Employers were circumventing the Act by saying that the jobs performed by men were tougher than those done by the corresponding women workers, whereas the study revealed that in most cases there was no difference between the jobs performed by unskilled men and women workers" (paragraphs 15 and 16).

The study of women workers in handloom units in Panipat (Haryana) (released in 1989) stated that women workers were not only regarded as secondary to male workers but they were also not considered even as "employees" by some employers. Another difficulty in the implementation of the Minimum Wages Act was that while almost all the handloom workers were employed on piece rates, the wages under the Act had been fixed on time. It was concluded that in view of the large number of handloom workers employed in the State and their peculiar working conditions, there was a need to have the industry as a separate scheduled employment under the Minimum Wages Act and for the minimum wages to be fixed on a piece-work basis.

Similar situations were found in the 1988 study covering the "raw leaf tobacco, zarda and cigarettes, brick kilns, tiles, stone dressing and crushing, electric and miniature lamps, radio and television sets and fountain and ball pens industries", which revealed that, in stone factories, women workers engaged as mazdoor, stone carriers and coolies were invariably receiving wages that were 6 per cent to 60 per cent less than their male counterparts, and that although "the work performed by women seemed to be harder than that of men, yet the employers were paying lesser wages to women workers" (paragraph 3.2.2); and in the 1988 study covering the "tea-processing, coffee-curing, paper and paper board, match splints and veneers and bobbins, rubber and plastic products, chinaware and porcelainware, electrical machinery, apparatus and appliances, electronic goods and components", where it was found in particular that in some tea factories located in Assam and northwest Bengal, the daily-rated women workers were receiving lower wages than the corresponding male workers, and women engaged in stalk picking were not found to have been shown in the factory's records and were thus debarred from benefits like bonus, provident fund, etc.

The Committee notes that according to the written information supplied by the state governments at the Conference Committee, in practically all the States the same rates of wages were fixed for men and women workers, and women did receive the minimum wages prescribed and/or the same wages as men and if they did not, it was due to the fact that they perform different, less arduous or less difficult work than men, and there were no or very few complaints in this regard. In her oral statement, the representative of the Government made reference to some cases in which differential wage rates had been detected in tea gardens in Assam.

The Committee draws attention to the apparent discrepancy between the information supplied at the Conference Committee and the findings of the above-mentioned studies, which appear to be consistent with the comments received over the years from workers' organisations and those made over the years by the Committee. While the Committee is aware of the efforts made by the Government to improve the implementation of the equal pay legislation, it hopes that the Government will indicate the measures taken or envisaged to draw the attention of the competent state authorities to situations such as those revealed in these studies, in order to correct them in accordance with the requirements of the national legislation and of the Convention.

2. As concerns measures to better publicise the provisions of the Equal Remuneration Act, 1976, as amended in 1987, the Committee has noted with interest the information supplied at the Conference Committee on the various training programmes conducted in 1990 by the tripartite Central Board for Workers' Education in order to increase women's awareness of their rights and responsibilities; the financial assistance accorded by the Women's Unit of the Ministry of Labour to non-governmental organisations for programmes designed to stimulate awareness about women's rights and to organise women in the informal sector; the Government's intention to conduct a regular training programme for labour inspectors and the four social welfare organisations recognised for the purpose of filing complaints under the equal pay legislation; and the consideration given to the establishment of a national commission for women, whose role would include examining the application of constitutional and legal provisions, proposing amendments to those texts and examining complaints regarding their non-implementation.

The Committee hopes that the Government will continue and expand these various promotional and training programmes and that it will encourage state governments to develop similar programmes. It requests the Government to provide full information concerning this important aspect in its next report.

3. The Committee has also noted with interest that the centrally sponsored scheme to create the post of Labour Inspector with supporting staff to enforce exclusively legislation relating to women and children is fully functional on a pilot basis in Madhya Pradesh; and that it was proposed to continue the scheme and extend it to other States in the next five-year plan. It requests the Government to provide details on the extension of the pilot scheme and on the activities under these schemes in its next report. Noting the comment made by the CITU in this respect, the Committee also requests the Government to consider how it might involve the trade unions in this and in other projects to implement equal pay.

4. The Committee also notes the statistics provided by the Government concerning the number of inspections carried out at the state level under the minimum wage and equal pay legislation, the irregularities noted and the action taken to bring about compliance. The Committee hopes that the Government will continue its efforts, in collaboration with the state governments, to reinforce the activities of the labour inspectorate in the field of the Convention and that it will supply full information in this regard, including details of the sanctions imposed on the basis of the amended Act.

5. The Committee also requests the Government to provide information on the cases in which, pursuant to section 12 of the Equal Remuneration Act, as amended in 1987, courts have tried offences punishable under the Act under their own authority or upon a complaint made by any welfare institution or organisation recognised by the central or the state governments. Noting from the information supplied by the Government at the Conference Committee that only four welfare organisations have been recognised for the purpose of filing complaints under the Act, the Committee hopes that the central and state governments will be able to extend recognition to a greater number of organisations, in view of the very important role that they can play in promoting better observance of the relevant legislation.

6. The Committee is raising other points in a direct request.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes from the Government's report that separate wage rates for men and women workers appear to be fixed by minimum wage legislation in Kerala (construction and agriculture) and in Tamil Nadu (rubber factories and fieldwork in plantations) on the basis that workers are assigned to different kinds of jobs, the more arduous or dangerous work being carried out by men and the lighter work by women. The Committee requests the Government to furnish copies of the minimum wage provisions covering these categories of employment and any other categories where separate wage rates are fixed for men and women under state or central jurisdictions.

2. Further to its previous comment, the Committee notes from the report that of the 134 women employed in the South Central Railway who had been made casual following the introduction of equal remuneration standards, 127 have since been absorbed into regular employment and another two were empanelled for regular employment and were to have been absorbed upon resuming duty after periods of leave. The remaining five women had not yet been screened and empanelled because they were still very junior in their respective seniority units, and they would have to wait for absorption in turn with casual male labour. The Committee requests the Government to continue to supply information concerning the empanelment and absorption of these women workers.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report and the comments communicated to the ILO in March 1989 by the Centre Of Indian Trade Unions (CITU) concerning non-implementation of the Equal Remuneration Act, 1976.

1. Referring to its previous observation, the Committee notes with interest that the Equal Remuneration (Amendment) Act, 1987, came into effect in December 1987. By virtue of this Act, the Equal Remuneration Act, 1976 now: (i) prohibits discrimination against women, not only as concerns recruitment for the same work or work of a similar nature, but also in relation to conditions of service such as promotions, training or transfer (section 5); (ii) provides for substantially increased penalties for offences under the Act (section 10); and (iii) empowers the courts to try any offence punishable under the Act upon its own knowledge or upon a complaint made by the appropriate government or authorised officer, an aggrieved person or any recognised welfare institution or organisation (section 12). The Committee notes that 1988 and 1989 both saw a substantial increase over previous years in the number of prosecutions launched under the Act in the central sphere. It would be grateful if the Government would supply information on the extent to which this increase was accounted for by the improved complaint procedures (section 12 of the Act). Bearing in mind the Government's earlier indications concerning measures to secure better observance of the Act in the unorganised or informal sector - and noting, from the comments communicated by the CITU, the concern that central and state governments and employers' organisations should increase their efforts to overcome ignorance of the Act - the Committee requests the Government to furnish information on the measures taken or contemplated to publicise the provisions of the amended legislation at both the central and state levels. It would be of particular interest to make available information concerning any promotional or training activities directed specifically to voluntary organisations including those social welfare organisations which are now recognised under the Act for the purpose of filing complaints.

2. The Committee acknowledges the detailed information provided by the Government in response to the Committee's previous comments concerning the enforcement of the Equal Remuneration Act in state jurisdictions. It notes with interest that a centrally sponsored scheme to create the post of Labour Inspector with supporting staff to enforce exclusively legislation relating to women and child labour will be taken up on a pilot basis in four districts in each of four states; and that funds under this scheme have already been released to two states, Andhra Pradesh and Madhya Pradesh. The Committee would be grateful if the Government would continue to supply information concerning the establishment of these new agencies and their activities concerning the enforcement of the Equal Remuneration Act. The Committee also notes the following indications given by the Government in reply to previous comments regarding the application of the equal remuneration principle to specific sectors of employment in a number of states:

(a) The Government of Bihar has made special efforts to improve the situation of workers engaged in the Beedi industry, including the constitution of a survey group to investigate the problems of the workers concerned. In addition, local officers have been advised to implement properly the provisions of the Equal Remuneration Act as concerns remuneration, the provision of proper facilities and the improvement of the position of female workers engaged in the Beedi and other industries. The Government has also reconstituted an advisory committee under the chairmanship of the Minister of Labour, Planning and Training (pursuant to section 6 of the Equal Remuneration Act which is concerned with increasing employment opportunities for women) in 24 institutions/organisations approved by the central Government. The Committee requests the Government to supply information on the results of these various initiatives, together with updated statistics on the enforcement both of the minimum wage and equal pay legislation for these workers. With reference to the Notification concerning the revision of minimum rates of wages for certain categories of employees in Beedi-making industries in Bihar (No. SO 444 of 7.5.1985) which contains a requirement for men and women to receive the same rates of wages for the same work or for work of a similar nature, the Committee would be grateful if the Government would indicate the means by which comparisons are made between the work performed by men and women as regards job categories covered by the Notification in which either men or women are mainly or predominantly employed.

(b) The Committee notes the efforts being taken to enforce the provisions of relevant minimum wage legislation for both male and female workers, in particular from the information supplied concerning the rate of inspections and the outcome of those visits in various sectors in the different states. Given the relatively high rate of irregularity detected in, for example, the construction sector in Maharashtra, the Committee requests the Government to consider whether such cases indicate a need for special measures, such as information campaigns to ensure all workers are aware of their rights. Special measures to promote the provisions of minimum wage and equal remuneration legislation might also be considered useful in regard to those sectors where, owing to inadequate personnel and material resources, inspection visits are infrequent. The Committee would be grateful if the Government would continue to supply detailed information on the number of inspections carried out in each state, broken down where possible for particular sectors of employment. Referring furthermore to the comment communicated by the CITU concerning the failure of establishments to maintain records as required under section 8 of the Equal Remuneration Act, 1976, specifically in Delhi and Maharashtra, the Committee requests the Government to indicate the measures being taken, either by the inspection services in each jurisdiction or otherwise, to ensure compliance with this aspect of the legislation.

(c) The Committee notes that in Assam, wages for plantation workers are fixed by bilateral agreement between the management and the workers' union and as such vary from industry to industry. The Committee requests the Government to indicate the measures it is taking or considering, either alone or in collaboration with the relevant employers' and workers' organisations, to ensure that such agreements comply with the equal remuneration legislation. In this connection, the Committee refers to the case of D'Costa v. MacKinnon, MacKenzie and Company in which, according to the comment communicated by the CITU, the Supreme Court dismissed an appeal by the employer who sought to claim that a wage agreement between the company and the relevant trade union which fixed the wages of female stenographers at a rate substantially below that of male stenographers, was outside the scope of the Equal Remuneration Act, 1976. The Committee would be grateful if the Government would supply a copy of the Supreme Court decision in this case and also provide information concerning the reported cases of other women employees of that company who made claims under the legislation.

3. In previous comments, the Committee observed that the scope of the principle of equal remuneration under the Equal Remuneration Act, 1976 (section 4) was limited to men and women performing the same work or work of a similar nature for the same employer. The Committee notes the statement of the Government to the effect that as the concept of equal pay for work of equal value is an advanced concept, it may not be possible to introduce it at the present stage of development; and in the first instance, it would be necessary and more important to implement effectively the Equal Remuneration Act, 1976, as amended. The Committee acknowledges these concerns. The Committee hopes nevertheless that the Government will examine the possibility of taking appropriate measures to encourage the progressive implementation of the principle of equal remuneration at both the central and state levels, as is suggested under Paragraph 4 of the Equal Remuneration Recommendation (No. 90) (by such measures as decreasing the differentials between rates of remuneration and providing equal increments for men and women workers performing work of equal value).