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

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

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.