Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre igualdad de remuneración, 1951 (núm. 100) - India (Ratificación : 1958)

Article 1(a) of the Convention. Definition of remuneration. The Committee previously asked the Government to consider amending the definition of “wages” contained in section 2(y) of the Code on Wages, in order to allow for a broad definition, including any additional emoluments whatsoever, as provided for in Article 1(a) of the Convention. The Committee notes that in its report the Government refers to Chapter IV of the Code on Wages, which provides that the annual minimum bonus will be calculated at the rate of eight and one-third per cent of the wages earned by the employee irrespective of their gender (section 26(1)). The Government also recalls that the Code on Social Security provides that pensions and provident fund contribution (section 16) as well as the payment of gratuity (section 53) are based on the rate of wages drawn and does not discriminate between employees based on their gender. The Government therefore considers that the definition of “wages” taken together with the other provisions mentioned, which regulate other benefits, is broad enough to be in line with the Convention. The Committee takes note of the Government explanations. It however recalls that, according to the Convention, a broad definition of remuneration is necessary as additional components are often considerable, making up increasingly more of the overall earnings package. The definition also captures payments or benefits, whether received regularly or only occasionally. It furthermore recalls that remuneration under the Convention includes all allowances paid under social security schemes financed by the undertaking or industry concerned. Benefits, and in particular pensions, should not give rise to discrimination (see the 2012 General Survey on the fundamental Conventions, paragraphs 687 and 692). The Committee asks the Government to indicate how, in practice, it is ensured that the principle of the Convention covers also any additional emoluments whatsoever arising out of the worker’s employment, notably the emoluments excluded by the definition of wages pursuant to section 2(y) of the Code on Wages, including bonuses beyond the annual minimum and pensions, including supplementary pensions, among others. Noting the Government’s indication that the Code on Wages has not yet come into effect, the Committee also again urges the Government to consider amending the definition of wages in section 2(y) of the Code on Wages to take into account expressly any additional emoluments whatsoever, as provided for in Article 1(a) of the Convention, with a view also to ensuring greater clarity and legal certainty and enhancing access to justice in case of violations of the principle of the Convention.

Article 1(b). Equal remuneration for work of equal value. Legislation. The Committee recalls that since 2002 it has asked the Government to ensure that the principle of equal remuneration for men and women for work of equal value be fully reflected in the legislation. In its previous observation, it noted that the Code on Wages of 2019 prohibits “discrimination in an establishment or any unit thereof among employees on the ground of gender in matters relating to wages by the ‘same’ employer, in respect of the ‘same work’ or ‘work of a similar nature’ done by any employee” (section 3(1)), defining however the concept of “same work or work of a similar nature”, in the same limited wording as previous legislation, that is to say as “work in respect of which the skill, effort, experience and responsibility required are the same, when performed under similar working conditions by employees and the difference if any, between the skill, effort, experience and responsibility required for employees of any gender, are not of practical importance in relation to the terms and conditions of employment” (section 2(v)). Whereas the Government considered this definition to be equivalent to the concept of “work of equal value” enshrined in the Convention, the Committee highlighted that this definition is more limited. The Committee notes that the Government reiterates that the definition in the Code of Wages is in line with the Convention and states that the Code on Wage has universalized the payment of a minimum rate of wage to all employees and that the introduction of the concept of “floor wage” will ensure for the first time a just, fair and equitable remuneration system for all genders. It stresses that “the principle of equal remuneration for men and women workers for work of equal value has been enshrined in all these provisions and other provisions of the Code.” Concerning the Committee’s request for information on the authority which is competent to handle disputes as to whether a work is of the same or a similar nature under section 4 of the Code on Wages, the Government informs that section 4 of the Code has not come into effect.

The Committee is bound to reiterate that the concept of “work of equal value” requires the comparison of works which may involve different types of skills, responsibilities or working conditions, but may nevertheless be of equal value overall. This is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see the 2012 General Survey, paragraphs 673–675). The Committee also again recalls that the Convention includes but does not limit application of the principle of equal remuneration for work of equal value to men and women “in the same workplace” and provides that this principle should be applied across different enterprises to allow for a much broader comparison to be made between jobs performed by women and men. The Convention thus calls for the reach of comparison between jobs performed by men and women to be as wide as possible in the context of the level at which wage policies, systems and structures are coordinated (2012 General Survey, paragraphs 697 and 698). Concerning the Government developments on the minimum wage determination, the Committee refers to its direct request. In light of the above, the Committee again urges the Government to take the necessary steps to ensure that: (i) the Code on Wages is amended to give full expression to the principle of equal remuneration for men and women for work of equal value as enshrined in the Convention; and (ii) it is not restricted to workers within the same workplace but applies across different enterprises and sectors. It also asks the Government to indicate the authority, which is competent to handle disputes under section 4, once they come into effect; and provide information on the application in practice of section 3 of the Code on Wages.

Article 3. Objective job evaluation. The Committee notes the Government’s information about various digital initiatives which however focus on job search and matching, rather than the objective evaluation of jobs for the purpose of ensuring equal remuneration for work for equal value. In that regard, the Committee refers to its development above on what cannot be considered in determining rates of remuneration. Recalling that it has been raising this issue since 2012, and that Article 3 of the Convention presupposes the use of appropriate techniques to determine the value of jobs, the Committee urges the Government to take proactive steps, in cooperation with workers’ and employers’ organizations, to develop technical tools for the objective evaluation of jobs with a view to the effective application of the principle of the Convention and to provide information in this respect.The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this regard.

The Committee is raising other matters in a request addressed directly to the Government.