Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Assessment of the gender remuneration gap. The Committee notes the detailed statistical information provided by the Government. It notes the Sixth Round of the Occupational Wage Survey on ten engineering industries, the report on “Socio-economic conditions of women workers in selected food processing industries including seafood and marine products”, and information compiled by the National Sample Survey Organization providing statistical data on earnings of men and women by occupation, sector or industry, and level of skills or education. The Committee notes that the data provided show that considerable differentials in the earnings of men and women exist, even where they are engaged in the same occupations or where they have the same level of skills or education. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women. It also encourages the Government to undertake in-depth studies into the reasons for the wide gender remuneration gap, particularly where men and women engage in the same occupations and have the same levels of skills or education, with a view to promoting equal remuneration for men and women for work of equal value.

Articles 1 and 2 of the Convention. Equal remuneration legislation. The Committee recalls its previous comments concerning the scope of section 4 of the Equal Remuneration Act 1976, which requires employers to pay equal remuneration to men and women for the same work or work of a similar nature. The Committee observed that section 4 was more restrictive than is required to give effect to the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, because the concept of “work of equal value” goes beyond “similar work” and encompasses work that is of an entirely different nature, but which is nevertheless of equal value. Accordingly, the Committee considered that limiting the scope of the legislation to “work of a similar nature” would unduly restrict the scope of comparison of remuneration received by men and women.

In its report, the Government states that replacing the notion of “work of a similar nature” in section 4 with “work of equal value” was not considered necessary in the Indian context, “especially since the term ‘work of equal value’ has not been quantified”. The Committee notes that the importance of the concept of work of equal value lies in its requirements that the content of the work performed is the focus for comparing the remuneration of men and women, and that the scope of comparison is as wide as possible. Noting that the Government refers to six cases decided by the Supreme Court of India, the Committee would be grateful if the Government could provide copies of these decisions. It also requests the Government to review and strengthen the existing equal pay legislation, taking into account the Committee’s general observation of 2006 on the Convention.

Enforcement of the legislation. Further to the abovementioned judicial decisions, the Committee notes that the Government has supplied statistical data on action taken to enforce the Equal Remuneration Act by the respective authorities at the levels of the central Government and the state governments. As regards the establishments falling under the competence of the Central Government, the number of inspections has increased from 3,004 in 2006–07 to 3,224 in 2007–09. The Committee notes that in a large majority of these inspections violations were identified and rectified, and that in a considerable number of cases prosecutions were launched (3,051 violations detected, 2,712 rectified, 439 prosecutions launched in 2007–08). The Committee notes that the increase in the number of inspections was accompanied by an increase in violations detected. This may indicate that, in practice, violations of the Acts are widespread. According to data received from ten states or union territories 27,290 inspections in establishments falling under the competence of the respective authorities had been carried out in 2006–07, and 24,441 in 2007–08. In 2007–09, 172 violations were detected in these ten states and union territories and 158 were rectified, while six prosecutions were launched. The Committee notes that taken together the number of inspections for these ten states and union territories has decreased. The Committee notes with  concern that only very few violations have been detected, particularly when compared to those inspections undertaken by the central authorities. The Committee considers that the above information points to a need to make the principle of equal remuneration for men and women, the Convention, and the pertinent national legislation, better known and understood among workers and employers, and also to a need to strengthen enforcement action, particularly at the level of the states and union territories. The Committee also notes that a more in-depth analysis of the violations detected would provide a basis for further action to ensure the effective application of the Convention. The Committee asks the Government to provide information on the measures taken or envisaged with regard to strengthening enforcement of the legislation applying the Convention. The Committee encourages the Government to consider seeking the ILO’s assistance and support in this regard.

The Committee previously noted a number of proposals made by the Centre of Indian Trade Unions (CITU) with a view to strengthening the application of the Convention. In reply to these proposals the Government indicates that setting up special units exclusively monitoring the implementation of the Equal Remuneration Act by state governments may not be practicable, given the low number of violations reported. The Government agrees that the involvement of female officers in hearing and deciding equal remuneration complaints can be arranged, subject to availability. As regards the suggestion that trade unions should be allowed to lodge complaints under section 12 of the Act, the Government indicates that the central Government has recognized four institutions as competent to bring complaints, in addition to the aggrieved persons, namely the Centre of Women Development Studies, the Institute of Social Studies Trust, the Working Women’s Association and the Self-Employed Women’s Welfare Association (SEWA) which is a recognized central trade union. As stated above, the Committee does not interpret the low level of violations detected by the authorities of the states and union territories as indicating that such violations do not occur; it therefore hopes that measures to strengthen these authorities would be considered. In addition, the Committee asks the Government to provide further information on the participation of women officers in the enforcement of the Equal Remuneration Act in practice, and also to elaborate further on the extent to which the abovementioned institutions have made use of the possibility of bringing complaints under section 12 of the Act and the outcome of such complaints.

Article 3. Objective job evaluation. The Committee recalls that by ratifying the Convention, India has undertaken to take measures to promote the objective evaluation of jobs on the basis of the work to be performed, where such action will assist in giving effect to the provisions of this Convention. In its previous comments, the Committee noted information indicating that women’s remuneration was determined on the basis of classifications which did not reflect the real nature of the work involved. The Committee considered that there was a clear need to promote the use of objective job evaluation methods, as envisaged in Article 3. In its reply, the Government states merely that there is no mention of job classification based on sex or otherwise in the Equal Remuneration Act or the Minimum Wages Acts. While noting the Government’s statement, the Committee emphasizes that the Convention envisages the promotion of objective job evaluation as a key aspect of ensuring equal remuneration for men and women for work of equal value. Hence, the Committee trusts that the Government will take the measures necessary to give effect to Article 3 of the Convention with a view to promoting the use of objective job evaluation methods as a means of determining wage rates irrespective of the worker’s sex, and to provide information on any further developments in this regard.