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

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

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.