By Dr. Gyan Pathak
In pursuance of Equality of opportunity and treatment, an ILO Committee of Experts has asked India again to amend the definition of wage, ensure job evaluation, equal remuneration for the same job to male and female workers, and end discrimination on religious or caste basis especially for Dalit Muslims and Dalit Christians. The Committee has also pointed out several lacunae in the new Labour Codes that India intends to implement in the next financial year 2025-26.
Though India has ratified the Equal Remuneration Convention, 1951 in 1958, it is yet to amend the definition of “wages” as required in order to include any additional emoluments whatsoever. Government’s reply referred to yet to be implemented Code of Wages, which provides that the annual minimum bonus will be calculated at the rate of eight and one-third per cent of the wages earned by the employee irrespective of their gender. Government also recalled that the Code on Social Security also provides pensions and provident funds contribution as well as the payment of gratuity which are based on the rate of wages drawn and does not discriminate between employees based on their gender. The Government therefore considered that the definition of “wages” taken together with the other provisions mentioned, which regulate other benefits, in broad enough to be in line with the Convention.
However, as per the Report of the Committee of Experts on the Application of Conventions and Recommendation, prepared for the 113th Session of the International Labour Conference scheduled to be held on 2-13 June 2025, the Committee asks the Government to indicate how, in practice, it in ensured that the principle of the Convention covers also any additional emoluments whatsoever arising out of the worker’s employment, notable the emoluments excluded by the definition of wages pursuant to section 2(y) of the Code on Wages, including bonuses beyond the annual minimum and pensions, including supplementary pensions, among others.
Noting that the Code on Wages has not yet come into effect, the Committee also again urges the Government to consider amending the definition of wages in section 2(y) of the Code on Wages to take into account expressly any additional emoluments whatsoever, as provided for in Article 1(a) of the Convention, with a view also to ensuring greater clarity and legal certainty and enhancing access to justice in case of violations of the principle of the Convention.
As for equal remuneration for work of equal value, the Committee again urged the Government to take the necessary steps to ensure that the Code on Wages is amended to give full expression to the principle of equal remuneration for men and women for work of equal value as enshrined in the Convention; and it is not restricted to workers within the same workplace but applies across different enterprises and sectors. It also asks the Government to indicate the authority, which is competent to handle disputes under section 4, once they come into effect; and provide information on the application in practice of section 3 of the Code on Wages.
As for objective job evaluation, the Committee notes that the Government’s information about various digital initiatives which however focus on job search and matching, rather than the objective evaluation of jobs for the purpose of ensuring equal remuneration for work for equal value. The Committee has been raising the issue of objective job evaluation since 2012, but India has no appropriated techniques for this in place. Hence, the Committee has urged the Government again to take proactive steps, in cooperation with workers’ and employers’ organizations, to develop technical tools for the objective evaluation of jobs with a view to the effective application of the principle of the Convention and to provide information in this respect. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this regard.
As for the Discrimination (Employment and Occupation) Convention, 1958, which India had ratified in 1960, the Committee has urged the Government for effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013. The committee has also asked the government to adopt measures to prevent sexual harassment at work occurring, particularly towards workers in the informal economy.
The Committee also reiterated its request to the Government to review the impact of section 14of the Act (action against malicious or false complaints or false evidence) on the willingness of women and other persons to file complaints of sexual harassment without fear of reprisals. This should also include information on reprisals and efforts to prevent reprisals at workplaces employing fewer than ten employees and in agricultural workplaces.
On Measures to address discrimination based on social origin, the Committee regretted the absence of specific information in response to its previous observation, and asked the Government again to undertake a comprehensive assessment of the progress made to date in addressing caste-based discrimination in employment and occupation.
Noting the Government’s indication that a Commission has been established to study the possibility of granting scheduled caste status to Dalit Muslims and Dalit Christians, the Committee asks the Government to provide information on any developments in this respect. It should be noted that the Commission was initially given two years deadline to submit report by October 10, 2024, but it has been extended till October 10, 2025. The delay was primarily due to Government’s inability to provide logistics to the Commission, which included lack of office, address, adequate staff support. Consequently, gathering of data was postponed until August 2023.
The Committee has also requested the Government to conduct a comprehensive evaluation of the impact of the various measures taken in favour of women and girls to promote equality of opportunity and treatment in employment and occupation. This should include an assessment of efforts to address barriers hindering access to and participation in employment and occupation, to overcome occupational gender segregation in the formal and informal economy and to promote equality in the rural and private sectors. (IPA Service)
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