Can I claim equal pay if I am paid less than a male colleague doing the same work?

Question

I discovered that a male colleague in the same role and grade as me is paid significantly more. Can I legally claim equal pay? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can I claim equal pay if I am paid less than a male colleague doing the same work? is governed in India primarily by Code on Wages 2019, Section 3, Equal Remuneration Act 1976 (repealed and subsumed) and Constitution of India, Article 39(d). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 3 of the Code on Wages 2019 (which subsumes the earlier Equal Remuneration Act 1976) prohibits discrimination in wages between men and women workers for the same work or work of a similar nature, and this is a directly enforceable statutory right, not merely a policy aspiration.

'Same work or work of a similar nature' is defined based on the skill, effort and responsibility required, performed under similar working conditions, so job titles alone do not determine equality — actual duties and responsibilities are compared.

The Code also prohibits discrimination in recruitment and conditions of service such as promotions, training and transfer on the ground of gender for the same or similar work.

An aggrieved employee can file a complaint before the Inspector-cum-Facilitator appointed under the Code, who can inquire into the complaint, or approach the Labour Court, and the employer bears the burden of justifying the pay difference on non-discriminatory grounds such as seniority or qualification.

Violation of equal pay provisions is punishable with fine, and repeated violations can attract enhanced penalties along with imprisonment on subsequent conviction.

What to do next: 1) Gather evidence of comparable job descriptions, grades and appraisal ratings between yourself and the higher-paid colleague; 2) Raise the pay disparity formally with HR requesting a written explanation; 3) File a complaint with the Inspector-cum-Facilitator under the Code on Wages if unresolved; 4) Consult a labour lawyer to explore a claim before the Labour Court if discrimination is not remedied.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Code on Wages 2019, Section 3 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.