Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information provided by the Government in its reports.

For a number of years, the Committee has drawn attention to the need to improve the enforcement of the provisions of the Equal Remuneration Act, 1976, as there appeared to be numerous cases in which women received lower wages than men for equal work or for work of equal value. It had also observed that the scope of the principle of equal remuneration under the Act was more limited than the principle of the Convention, as it covered only men and women performing the same work or work of a similar nature for the same employer.

In its observation of 1991, the Committee had noted with interest certain amendments to the Equal Remuneration Act designed to increase its effectiveness. It had also noted the measures taken to strengthen the supervision of the legislation and the substantial increase in the number of prosecutions launched under the Act. In addition, it had noted the Government's statement that the introduction of the concept of equal pay for work of equal value may not be possible at the present stage of development and that priority should be given instead to the full implementation of the provisions of the Equal Remuneration Act. The Committee had also referred to a communication received from the Centre of Indian Trade Unions (CITU) stating that there remained many shortcomings in the implementation of the Equal Remuneration Act. In particular, the CITU had stated that in certain industries, employers used a piece-rate system to avoid paying equal wages for women or they claimed that the work performed by women was of a different nature to that performed by men, whereas the nature of the work was the same or similar, and this explained why women workers in beedi, construction, garment, agriculture and other industries continued to receive lower wages than male workers. As concerns these claims, the Committee had referred to a number of studies undertaken by the Labour Bureau (Ministry of Labour, Government of India) on the socio-economic conditions of women workers in various industries, which confirmed that the provisions of the Equal Remuneration Act were circumvented frequently by employers. Accordingly, the Committee expressed the hope that the Government would draw the attention of the competent state authorities to such situations as those revealed in the studies, in order to correct them in accordance with the requirements of the national legislation and of the Convention.

The Committee has noted with interest that the sex-differentiated minimum wage rates fixed for agricultural workers in Kerala will be amended on the occasion of the next minimum wage revision, and that a copy of the notification will be forwarded when it is available. The Committee has noted the explanations provided by the Government concerning the fixing of minimum wage rates for time-work or piece-work and the procedures observed to enforce the provisions of the Minimum Wages Act, 1948, whenever cases of wage discrimination arise. It requests the Government to provide, in its next report, detailed information on the action taken to rectify the instances of wage discrimination identified in the studies undertaken by the Labour Bureau. In relation to the fixing of minimum wage rates for piece-work, the Committee requests the Government to indicate the proportion of men and women in particular industries such as beedi, construction, garment and agriculture, or in occupations within those industries, for whom piece-rate wages are fixed and to provide information separately for men and for women on the average wages received by those piece-rate workers as compared to time-rate workers.

As concerns measures to better publicize the provisions of the Equal Remuneration Act, the Comittee has noted with interest that the tripartite Central Board for Workers' Education trained 91,920 women workers during the period 1990-91 and 50,604 during 1991; that legal literacy manuals have been developed by the Department of Women and Child Development; and that the Ministry of Labour introduced two new projects aimed at organizing women in construction industries to upgrade their skills, improve their conditions of work, give them functional literacy and to provide them with support services. In addition, schemes for providing child-care have been drawn up and included under the 8th Five Year Plan (1992-97) with a view to promoting the employment and improving the working conditions of women in the organized sector.

In respect of measures to strengthen the enforcement machinery, the Committee has noted with interest that a pilot scheme of providing financial assistance to state governments for enforcing legislation relating to women and children is to be extended, under the 8th Five Year Plan, to other states in need of such assistance. It has also noted, in this regard, that a process of active consultation has been initiated with workers' and employers' organizations at the central level to secure their support in improving implementation of the legislation. The Committee requests the Government to supply information on the particular significance of these measures in relation to the implementation of the Convention.

Noting that a number of state governments have extended recognition to welfare institutions or organizations for the purpose of filing complaints under the Equal Remuneration Act, the Committee requests the Government to indicate in its future reports, any further developments in this regard together with information on the specific role taken by these organizations to promote a better observance of the legislation.