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 would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "Can I claim equal pay if I am paid less than a male colleague doing the same work?" turns on Code on Wages 2019, Section 3, Equal Remuneration Act 1976 (repealed and subsumed) and Constitution of India, Article 39(d). The points below set out the position and then what to do about it, in the order it should be done.

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 you are unsure whether your facts fall inside Code on Wages 2019, Section 3, that is worth checking with an advocate before you commit to a route, because switching later costs time. 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 labour law.