Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Inde (Ratification: 1958)

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.