Equal Pay for Equal Work Rights in India
What you need to know
Equal pay for equal work is a constitutional and statutory right in India, meaning employees performing substantially the same duties must receive the same wages regardless of gender, contract type, or employment status. This principle is upheld under Article 14 and Article 39(d) of the Constitution and enforced through the Equal Remuneration Act, 1976. Employers who pay contract workers, women, or daily-wage staff less than permanent or male counterparts for the same role can face legal action. The Supreme Court has consistently affirmed this right, and affected employees can approach labour authorities or tribunals for redressal and back wages.
Your rights
You have a constitutional right to equal pay for equal work under Articles 14 and 39(d)
Women cannot be paid less than men for the same or similar work under the Equal Remuneration Act, 1976
Contract or temporary workers doing identical work as permanent staff are entitled to the same wages per Supreme Court precedents
You can claim arrears/back wages and file a complaint without fear of retaliation (anti-victimisation protection exists)
What you should do now
Action firstGather evidence of pay disparity
- Collect payslips, offer letters, or any salary records showing the difference
- Document job descriptions, duties performed, and the comparator employee's role and pay (even anonymised information helps)
- Note dates, any HR communications, and verbal or written refusals to address the gap
Raise a formal internal complaint
- Submit a written complaint to your HR department or Internal Complaints Committee citing the Equal Remuneration Act, 1976
- Request a written response within a reasonable deadline (14–21 days)
- Keep copies of everything submitted and any acknowledgements received
File a complaint with the Labour Authority
- Approach the Regional Labour Commissioner or Assistant Labour Commissioner in your district
- File online via the Shram Suvidha Portal or in person with a written complaint and evidence
- The authority can inspect employer records, direct equal pay, and impose penalties on the employer
Escalate to Labour Court or High Court if needed
- If the labour authority does not act within 60 days, file a petition before the Labour Court under the Industrial Disputes Act or a writ petition in the High Court
- Seek remedies including back wages, equal pay going forward, and compensation for discrimination
Acts applicable
Equal Remuneration Act, 1976
centralSections 4 & 5 — equal pay and no discrimination in recruitment/conditions
Constitution of India
centralArticle 14 (equality) and Article 39(d) (equal pay directive principle)
Code on Wages, 2019
centralSection 3 — prohibition of gender-based wage discrimination