Equal pay for equal work is the principle that individuals performing the same or substantially similar work—regardless of gender, caste, religion, or background—should be paid equally. This concept is a core labor right, intended to ensure fairness, eliminate discrimination, and promote workplace equity. It applies not only to base salary but also to all forms of compensation, such as bonuses, allowances, and non-salary payments.

Why is it important?

• It ensures fair and just compensation for all employees who perform similar work or work of equal value, helping to address wage disparities, especially the gender pay gap.

• It promotes social justice, workplace harmony, and economic stability by removing the practice of paying people less for the same job based on arbitrary or discriminatory factors.

• It is recognized internationally as a fundamental human right and is reflected in international conventions, such as the International Labour Organization’s Equal Remuneration Convention, and by the United Nations as part of its human rights framework.

Legal standing in India:

• The Constitution of India enshrines the principle of equal pay for equal work under Article 39(d) (Directive Principles of State Policy), which mandates the State to strive for equal pay for men and women.

• The Equal Remuneration Act, 1976, specifically requires employers to pay equal wages to men and women workers for the same work or work of a similar nature, and prohibits discrimination in matters of employment, recruitment, and promotion on the basis of sex.

• The law is further reinforced by the Code on Wages, 2019, which mandates non-discriminatory wage practices based on gender in all matters related to pay.

Practical implications:

• Employers must evaluate job roles objectively—based on skills, responsibilities, working conditions, and effort—without letting biased assumptions influence wage decisions.

• The principle applies even if job titles or designations differ, as long as the work done is similar in content and value.

• If unequal pay is found for the same work, courts can order remedial action, including payment of back wages and correction of employment practices.

In summary:
Equal pay for equal work is a legal, social, and ethical imperative that advances fairness and equality in the workplace. It is vital for ensuring that all individuals—regardless of gender or background—receive fair remuneration for their contributions. In India, this is protected by both constitutional and statutory law, and is actively enforced by courts and labor authorities.