Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report and the comments communicated to the ILO in March 1989 by the Centre Of Indian Trade Unions (CITU) concerning non-implementation of the Equal Remuneration Act, 1976.

1. Referring to its previous observation, the Committee notes with interest that the Equal Remuneration (Amendment) Act, 1987, came into effect in December 1987. By virtue of this Act, the Equal Remuneration Act, 1976 now: (i) prohibits discrimination against women, not only as concerns recruitment for the same work or work of a similar nature, but also in relation to conditions of service such as promotions, training or transfer (section 5); (ii) provides for substantially increased penalties for offences under the Act (section 10); and (iii) empowers the courts to try any offence punishable under the Act upon its own knowledge or upon a complaint made by the appropriate government or authorised officer, an aggrieved person or any recognised welfare institution or organisation (section 12). The Committee notes that 1988 and 1989 both saw a substantial increase over previous years in the number of prosecutions launched under the Act in the central sphere. It would be grateful if the Government would supply information on the extent to which this increase was accounted for by the improved complaint procedures (section 12 of the Act). Bearing in mind the Government's earlier indications concerning measures to secure better observance of the Act in the unorganised or informal sector - and noting, from the comments communicated by the CITU, the concern that central and state governments and employers' organisations should increase their efforts to overcome ignorance of the Act - the Committee requests the Government to furnish information on the measures taken or contemplated to publicise the provisions of the amended legislation at both the central and state levels. It would be of particular interest to make available information concerning any promotional or training activities directed specifically to voluntary organisations including those social welfare organisations which are now recognised under the Act for the purpose of filing complaints.

2. The Committee acknowledges the detailed information provided by the Government in response to the Committee's previous comments concerning the enforcement of the Equal Remuneration Act in state jurisdictions. It notes with interest that a centrally sponsored scheme to create the post of Labour Inspector with supporting staff to enforce exclusively legislation relating to women and child labour will be taken up on a pilot basis in four districts in each of four states; and that funds under this scheme have already been released to two states, Andhra Pradesh and Madhya Pradesh. The Committee would be grateful if the Government would continue to supply information concerning the establishment of these new agencies and their activities concerning the enforcement of the Equal Remuneration Act. The Committee also notes the following indications given by the Government in reply to previous comments regarding the application of the equal remuneration principle to specific sectors of employment in a number of states:

(a) The Government of Bihar has made special efforts to improve the situation of workers engaged in the Beedi industry, including the constitution of a survey group to investigate the problems of the workers concerned. In addition, local officers have been advised to implement properly the provisions of the Equal Remuneration Act as concerns remuneration, the provision of proper facilities and the improvement of the position of female workers engaged in the Beedi and other industries. The Government has also reconstituted an advisory committee under the chairmanship of the Minister of Labour, Planning and Training (pursuant to section 6 of the Equal Remuneration Act which is concerned with increasing employment opportunities for women) in 24 institutions/organisations approved by the central Government. The Committee requests the Government to supply information on the results of these various initiatives, together with updated statistics on the enforcement both of the minimum wage and equal pay legislation for these workers. With reference to the Notification concerning the revision of minimum rates of wages for certain categories of employees in Beedi-making industries in Bihar (No. SO 444 of 7.5.1985) which contains a requirement for men and women to receive the same rates of wages for the same work or for work of a similar nature, the Committee would be grateful if the Government would indicate the means by which comparisons are made between the work performed by men and women as regards job categories covered by the Notification in which either men or women are mainly or predominantly employed.

(b) The Committee notes the efforts being taken to enforce the provisions of relevant minimum wage legislation for both male and female workers, in particular from the information supplied concerning the rate of inspections and the outcome of those visits in various sectors in the different states. Given the relatively high rate of irregularity detected in, for example, the construction sector in Maharashtra, the Committee requests the Government to consider whether such cases indicate a need for special measures, such as information campaigns to ensure all workers are aware of their rights. Special measures to promote the provisions of minimum wage and equal remuneration legislation might also be considered useful in regard to those sectors where, owing to inadequate personnel and material resources, inspection visits are infrequent. The Committee would be grateful if the Government would continue to supply detailed information on the number of inspections carried out in each state, broken down where possible for particular sectors of employment. Referring furthermore to the comment communicated by the CITU concerning the failure of establishments to maintain records as required under section 8 of the Equal Remuneration Act, 1976, specifically in Delhi and Maharashtra, the Committee requests the Government to indicate the measures being taken, either by the inspection services in each jurisdiction or otherwise, to ensure compliance with this aspect of the legislation.

(c) The Committee notes that in Assam, wages for plantation workers are fixed by bilateral agreement between the management and the workers' union and as such vary from industry to industry. The Committee requests the Government to indicate the measures it is taking or considering, either alone or in collaboration with the relevant employers' and workers' organisations, to ensure that such agreements comply with the equal remuneration legislation. In this connection, the Committee refers to the case of D'Costa v. MacKinnon, MacKenzie and Company in which, according to the comment communicated by the CITU, the Supreme Court dismissed an appeal by the employer who sought to claim that a wage agreement between the company and the relevant trade union which fixed the wages of female stenographers at a rate substantially below that of male stenographers, was outside the scope of the Equal Remuneration Act, 1976. The Committee would be grateful if the Government would supply a copy of the Supreme Court decision in this case and also provide information concerning the reported cases of other women employees of that company who made claims under the legislation.

3. In previous comments, the Committee observed that the scope of the principle of equal remuneration under the Equal Remuneration Act, 1976 (section 4) was limited to men and women performing the same work or work of a similar nature for the same employer. The Committee notes the statement of the Government to the effect that as the concept of equal pay for work of equal value is an advanced concept, it may not be possible to introduce it at the present stage of development; and in the first instance, it would be necessary and more important to implement effectively the Equal Remuneration Act, 1976, as amended. The Committee acknowledges these concerns. The Committee hopes nevertheless that the Government will examine the possibility of taking appropriate measures to encourage the progressive implementation of the principle of equal remuneration at both the central and state levels, as is suggested under Paragraph 4 of the Equal Remuneration Recommendation (No. 90) (by such measures as decreasing the differentials between rates of remuneration and providing equal increments for men and women workers performing work of equal value).