by Paula Määttä

VIII. India

A. The legislative provisions for equality in pay

India uses the concept of "equal remuneration for the same work or work of a similar nature".

The Equal Remuneration Act was enacted by the Indian Parliament in 1976. The Act provides:

"for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto".

Under the Equal Remuneration Act 1976, employers are obliged to pay equal remuneration to workers of both sexes for the same work or work of a similar nature. The Act extends to the whole of India. The Act of 1976 was amended by the Equal Remuneration (Amendment) ct 1987. This Amendment extended the scope of the Act to other aspects of personnel administration such as recruitment, promotions, training or transfer.

Article 39(d) of the Constitution mentions the principle of equal pay for equal work and Article 14 guarantees equality for all before the law. India ratified the Equal Remuneration Convention in 1958.