Equal pay for equal work: your rights under the Code on Wages
What the Constitution and the Code on Wages 2019 say about equal pay for women and contract workers, when a pay gap is lawful, and how to claim within 3 years.
In short
- An employer cannot pay a woman less than a man for the same work or work of a similar nature Sec 3, Code on Wages, 2019. The Code replaced the Equal Remuneration Act, 1976 when the Labour Codes came into force on 21 November 2025.
- The employer cannot cut anyone's pay to "equalise"; the lower pay must be raised.
- Government temporary, daily-wage and contract workers doing the same duties as regular staff can claim equal pay (State of Punjab v Jagjit Singh, 2016).
- A pay difference is lawful only for real reasons: qualifications, seniority, responsibility, mode of recruitment. Not gender, and not a label.
- File a wage claim before the authority under Sec 45, Code on Wages within 3 years; a trade union or the Inspector-cum-Facilitator can file it for you.
Two people do the same job, in the same place, for the same hours. One is paid less because she is a woman, or because he is called "temporary" though he has worked there for ten years. Most people feel at once that this is unfair. Indian law agrees. This guide explains where the principle comes from, what the current law says, and exactly how to make a claim.
What the Constitution says
Art 39(d) directs the State to secure equal pay for equal work for both men and women. It is a Directive Principle, which guides lawmaking but cannot by itself be enforced in court. The Supreme Court changed that in Randhir Singh v Union of India (1982), holding that equal pay for equal work can be enforced through the right to equality in Art 14 and equal opportunity in public employment in Art 16. A government cannot pay employees doing identical work differently without a reasonable basis.
In State of Punjab v Jagjit Singh (2016) the Court applied this to temporary, daily-wage and contractual employees of the government who perform the same duties as regular staff. Paying them less for the same work, it said, is exploitative and offends human dignity.
What the labour law says now
For almost fifty years the main statute was the Equal Remuneration Act, 1976. It stands repealed. Since 21 November 2025, when the four Labour Codes were brought into force, the protection lives in the Code on Wages, 2019, which applies to all establishments and all employees, with no small-establishment exemption.
- No gender discrimination in wages. There shall be no discrimination among employees on the ground of gender in matters relating to wages, by the same employer, for the same work or work of a similar nature Sec 3(1).
- No levelling down. An employer cannot reduce any employee's wages to comply with the rule Sec 3(2).
- No discrimination in hiring. An employer cannot discriminate on the ground of sex in recruitment or conditions of employment for the same or similar work, except where a law restricts the employment of women in that work Sec 3(2).
- Who decides whether the work is "similar"? If there is a dispute, it goes to the authority the appropriate government notifies Sec 4.
- Minimum wages for everyone. The Code extends minimum wages to all employees, and the central government fixes a floor wage below which no state may set its minimum Sec 9.
"Same work or work of a similar nature" means work that requires the same skill, effort, experience and responsibility, done under similar conditions. Job titles do not decide it; what you actually do decides it.
When a pay difference can be lawful
Equal pay does not mean everyone earns the same. Courts accept differences that rest on real factors: different qualifications required for the post, length of service, a different and more rigorous mode of recruitment, or genuinely different responsibilities. What the law forbids is a difference based on gender, or an arbitrary label such as "temporary" with no real difference in the work. The person claiming equal pay must show that the work is truly the same, so evidence of your actual duties is the heart of any claim.
Step by step
- Gather proof of the work and the pay. Your appointment letter, salary slips or bank credits, duty roster, attendance, written instructions, and anything showing a comparable colleague's role and pay (a notice, an organisation chart, a job advertisement).
- Ask in writing. Write to HR or the employer asking for the reason for the difference. A written reply, or silence, helps later.
- Use internal channels. Many workplaces have a grievance committee. If the gender bias comes with harassment, the Internal Committee under the sexual harassment law can also be approached.
- Contact the Inspector-cum-Facilitator at the district or regional labour office, or raise the matter on the Samadhan portal. The officer can inspect, advise the employer and file a claim on your behalf.
- File a claim before the authority notified under Sec 45 (usually a labour officer or Labour Commissioner of the state, or the central labour authority for central-sphere establishments such as railways, banks and mines). You, your trade union, or the Inspector-cum-Facilitator can file it. The time limit is three years from when the claim arose, extendable for sufficient cause Sec 45(6). The authority can order payment of the difference and compensation, and an employer who pays less than what is due can be fined up to 50,000 rupees Sec 54.
- Government employees may also approach the Central or State Administrative Tribunal or the High Court, depending on the post.
- Free legal help: NALSA 15100. Women workers facing harassment can also call 181.
Sunita operates the same packing machine as Dinesh in a Gurugram factory, on the same shift, with the same output targets. Her slip shows 2,000 rupees a month less, which the supervisor calls a "helper grade". She photographed the duty roster, kept six months of salary slips, and wrote to HR asking why. When HR did not reply, she and two other women went to the Inspector-cum-Facilitator at the labour office with their papers and a copy of the roster. The officer called the employer for a hearing, and the factory re-graded the women as operators and paid the arrears.
Keep these ready
- Appointment letter, ID card and salary slips or bank statements for the whole period.
- Duty roster, attendance records and written instructions showing what you actually do.
- Any proof of the comparator's role and pay: notices, advertisements, organisation chart, their slip if willingly shared.
- Your written query to the employer and any reply.
- Trade union membership card, if any.
Do not wait. A claim under the Code must normally be filed within three years of the date the wages became due, and every month you delay is a month you may not recover. And do not sign a "full and final settlement" that waives your claim without taking advice.
Claims are stronger together. If several workers in the same grade are affected, file jointly or through a union; the employer cannot single out one person as a special case.
Where to go
- Inside the workplace: HR or the grievance committee, in writing.
- Labour authorities: the Inspector-cum-Facilitator and the claims authority at your district or regional labour office; the central Labour Commissioner's organisation for central-sphere establishments; samadhan.labour.gov.in; labour.gov.in.
- Government employees: Central or State Administrative Tribunal; the High Court.
- Free legal help: NALSA 15100, nalsa.gov.in; women's helpline 181; workplace sexual harassment complaints at shebox.wcd.gov.in.
Common questions
Is the Equal Remuneration Act still in force?
No. The Equal Remuneration Act, 1976 was repealed by the Code on Wages, 2019, which came into force on 21 November 2025. The equal pay rule now lives in Sec 3 of the Code, which bars gender discrimination in wages for the same work or work of a similar nature and bars cutting anyone's wages to comply.
Does equal pay apply to private companies?
Yes. The Code on Wages applies to every establishment, public or private, large or small, and the gender equal pay rule has no exemption for small employers. The constitutional "equal pay for equal work" claims under Articles 14 and 16 apply to the government and its bodies; private employees rely on the Code.
Can a contract or temporary worker claim the same pay as a permanent employee?
In government service, yes, where the duties are the same: the Supreme Court in State of Punjab v Jagjit Singh (2016) held that temporary and daily-wage employees doing the same work as regular staff are entitled to the minimum of the regular pay scale. In private employment the Code's equal pay rule is about gender; other claims depend on the contract, the minimum wage and the contract labour law.
How long do I have to file a wage claim?
Three years from the date the wages became due Sec 45(6), Code on Wages. The authority can admit a later claim if you show sufficient cause for the delay, but do not rely on that. The claim can be filed by you, your registered trade union or the Inspector-cum-Facilitator.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
