What can I do if I discover I am being paid less than a colleague doing the same job?

Question

I recently found out that a male colleague doing the exact same job as me is being paid significantly more, and I want to know what legal remedy I have. 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 "What can I do if I discover I am being paid less than a colleague doing the same job?" turns on Code on Wages 2019, Section 3, Code on Wages 2019, Section 4 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 prohibits discrimination in wages among employees on the ground of gender for the same work or work of a similar nature, replacing the earlier standalone Equal Remuneration Act 1976 while retaining the same substantive protection.

Section 4 defines work of a similar nature to mean work in which the skill, effort, experience and responsibility required are the same, so an employer cannot justify a pay gap merely by giving colleagues different designations if the actual duties are comparable.

The burden shifts to the employer to justify the differential once the employee shows that she is performing work of a similar nature to a better-paid colleague of the opposite gender, and factors like seniority or qualification differences must be objectively demonstrated, not asserted generally.

Article 39(d) of the Constitution embeds equal pay for equal work as a directive principle, and courts have relied on it to read positive obligations into service law even outside the strict wage-discrimination statute in appropriate cases.

An aggrieved employee can complain to the labour inspector-cum-facilitator appointed under the Code on Wages, who can inquire into the complaint, and unresolved disputes can be escalated to the appropriate government or through a civil claim for the wage differential.

Practical steps: 1) Gather evidence of your job description, duties and pay compared with the better-paid colleague; 2) Raise a written complaint with HR citing Section 3 of the Code on Wages 2019; 3) File a complaint with the labour inspector-cum-facilitator if HR does not address the disparity; 4) Consult a labour advocate to evaluate a formal claim for the wage differential if the complaint is dismissed.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Code on Wages 2019, Section 3 carry limitation periods, and unexplained delay 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 labour law.