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

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 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.