Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Observations of the social partners. The Committee refers to the observations of the Food Corporation of India Handling-Workers’ Union (FCIHWU), received on 29 June 2018, alleging 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”. It recalls that, in its previous comments, it asked 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”, 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. It notes the Government’s indication that the relevant data is not available. The Committee asks the Government to deploy efforts to gather gender disaggregated data on the number of workers engaged by Government entities under the “No Work No Pay” system and under the “Direct Payment System” and to assess, in collaboration with the social partners, the application of the principle of the Convention to the workers employed under these schemes.

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes from the statistics provided by the Government that, in the first trimester of 2022, women accounted for 51.9 per cent of the total employees in the health sector, 43.8 per cent in the education sector, and 41 per cent in financial services, while their participation in the other sectors ranged from 12.4 per cent in the transport sector to 35.8 per cent in Information Technology/Business Process Outsourcing Services (IT/BPOs). The Committee also notes from the ILO Database of Labour Statistics (ILOSTAT) that, in 2023, the average monthly earnings of women employees was approximately 70 per cent of men’s. It further notes from the ILO Global Wage Report 2020–21 that, while the gender pay gap had declined from 48 per cent in 1993–94 to 28 per cent in 2018–19, it registered an increase of 7 per cent between 2018–19 and 2020–21. The Committee asks the Government to provide information disaggregated by sex, on the distribution of men and women in the different sectors and occupations and their corresponding earnings. It also asks for information on the specific measures taken to reduce the gender pay gap and their impact, including with respect to workers in the informal economy. Furthermore, noting the absence of information on the research undertaken by the V.V. Giri National Labour Institute (VVGNLI) on the causes of the gender pay gap, the Committee reiterates its request for information in this regard and on the measures taken on the basis of the findings reached.

Article 2. Minimum Wages. The Committee recalls 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”. Moreover, 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. In response to the Committee’s previous requests, the Government clarifies that section 6 applies to all employment and section 9 to all workers. The Government furthermore indicates that factors to be considered for fixing minimum wages are types of skills and geographical location. Since the new system moves away from the former system of wage being fixed employment-wise, the Government considers that no question of gender bias in fixing wages for sector specific jobs predominantly occupied by women arises. In that regard, the Committee recognizes that the setting of minimum wages is an important means by which the Convention is applied. 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 and women’s wages and on reducing the gender pay gap. Minimum wages are, however, often set at the sectoral level, and there is a tendency to set lower wages for sectors predominantly employing women. Due to such occupational segregation, 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. The Committee wishes to point out that Governments often state that regulations determining the minimum wage do not make a distinction between men and women. However, this is not sufficient to ensure that there is no gender bias in the process. The Committee asks the Government to clarify how it is ensured that, in practice, minimum wage rates are fixed based on objective criteria and that certain skills considered to be “female” are not undervalued, particularly in sectors employing a high proportion of women (such as healthcare and care services, domestic workers, homeworkers, etc.). It also asks the Government to provide examples of minimum wage rates established.

Awareness raising. The Government indicates that the V.V. Giri National Labour Institute (VVGNLI), under the Ministry of Labour and Employment, conducts various customized training programmes on labour and employment issues for women workers on regular basis. In addition, it informs that the Dattophani Thengadi National Board for Workers Education and Development conducted also special training programmes dedicated exclusively to women to raise awareness of their labour rights, including equal remuneration. The Committee encourages the Government to continue deploying efforts to ensure 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, the relevant national legislation and the available complaints procedures, and to provide information on the specific steps taken for this purpose, including for the unorganized sector, and the number and type of participants reached.

Enforcement. The Committee notes the information provided by the Government on the number of inspections conducted, the irregularities detected and rectified, as well as the number of prosecutions and convictions handed down between 2019 and March 2023 under the Equal Remuneration Act, 1976. It notes however that the relevant provisions of the Code of Wage have not come into effect yet. The Committee asks the Government: (i) to continue to provide information on the activities of the labour inspectorate related to the application of the principle of the Convention; (ii) to undertake an in-depth analysis of the violations detected with a view to formulate a strategy to reinforce the application of the legislation giving effect to the Convention, both at the central level and the level of state governments, including sensitization and awareness-raising for the public; and (iii) to provide information on any cases involving the violation of the principle of the Convention brought before the courts and other competent authorities and their outcome, as well as on the measures taken to identify and address any obstacles encountered by the concerned workers to bring their complaints before the competent authorities.