Section 3: Prohibition of discrimination on ground of gender

Overview

This section of the Code on Wages, 2019, focuses on ensuring equal pay for equal work, regardless of gender. It specifically addresses discrimination in both wages and recruitment processes. This is a crucial step towards achieving wage equality and fair employment practices.

Scope and Coverage

• Employees Covered: This section applies to all employees, including those employed directly, through contractors, or on a temporary basis. It covers both skilled and unskilled workers.
• Establishments Covered: The Code on Wages applies to all establishments – factories, shops, and other entities – employing a specified number of workers (the threshold varies depending on the state).
• Thresholds/Exclusions: While the Code generally applies broadly, specific state rules may define thresholds for applicability based on the number of employees.

Key Obligations and Rights

• Employer Duties: Employers are legally obligated to ensure that no employee is discriminated against based on their gender when it comes to wages, recruitment, or any other condition of employment for the same work or work of a similar nature. This means equal pay for equal skill, effort, responsibility, and working conditions.
• Employee Rights: Employees have the right to receive equal wages and be considered for recruitment opportunities without facing discrimination based on their gender. If an employee believes they have been discriminated against, they have the right to raise a complaint.

Compliance and Penalties

Violation of this provision can lead to inspections by Labour Department officials. If discrimination is found, employers may face penalties, including fines. Repeated or serious violations could result in more severe consequences. Employees can also approach Labour Courts or Tribunals to seek redressal.

Practical Examples

• Example 1: A software company pays male engineers ₹80,000 per month and female engineers with the same qualifications, experience, and job responsibilities ₹75,000 per month. This is a clear violation of Section 3.
• Example 2: A manufacturing unit consistently hires male candidates for machine operator roles, even though equally qualified female candidates apply. The employer claims the work is “physically demanding.” If the physical demands are not genuinely essential to the job, this could be considered gender discrimination.