Equal Pay for Women in India: Current Law and the Equal Remuneration Act, 1976

Working women make important contributions to families, workplaces and the economy. Equal remuneration for equal work is a matter of fairness and a legal obligation in India. The law has changed: the Equal Remuneration Act, 1976, discussed in the original article, has been replaced by the Code on Wages, 2019, brought into effect as part of the labour-code reforms from 21 November 2025.

Why equal remuneration matters

Many working women balance professional duties with substantial family and caregiving responsibilities. Teachers, healthcare professionals, administrators, entrepreneurs and workers across sectors contribute through their skills, dedication and experience. The original article particularly appreciated the patience and commitment of schoolteachers and argued that women deserve fair recognition, appraisal and remuneration. These observations remain relevant, while household and caregiving responsibilities should be shared fairly rather than presumed to belong to women alone.

Equal remuneration is not merely about paying identical salaries to every employee. The legal comparison concerns the same work or work of a similar nature under the relevant statutory test. Legitimate differences in duties, skill, experience and responsibility require an objective, evidence-based assessment; gender alone cannot justify an unlawful pay difference.

Current law: Code on Wages, 2019

Section 3: prohibition of discrimination on the ground of gender

Section 3(1) prohibits discrimination on the ground of gender in matters relating to wages by the same employer for the same work or work of a similar nature. Under section 3(2)(i), an employer cannot reduce any employee's wage rate merely to comply with the equal-pay requirement. Section 3(2)(ii) prohibits discrimination on the ground of sex in recruitment for the same or similar work and in conditions of employment, subject to restrictions imposed by applicable law.

Section 4: disputes over the nature of work

Where a dispute arises about whether two jobs are the same or of a similar nature for section 3, section 4 provides for determination by an authority notified by the appropriate government. Job titles alone may not establish whether work is comparable; actual tasks and relevant statutory criteria matter.

Section 2: key definitions

The Code contains definitions of wages, employee, employer and related terms in section 2. In particular, the statutory definition of wages and its specified inclusions and exclusions must be used when assessing pay, rather than relying only on an employee's headline cost-to-company figure.

Sections 45 and 46: claims and appellate remedies

Section 45 establishes a mechanism for claims under the Code, including recovery of amounts due as determined by the competent authority. Section 46 provides an appeal mechanism, subject to its statutory conditions and timelines. Employees should preserve appointment letters, payslips, job descriptions, relevant communications and other records when raising a pay-discrimination complaint.

Records, inspections and penalties

The Code includes provisions governing employer records, inspections and offences, supported by applicable central or state rules. The Code on Wages (Central) Rules, 2026 were notified for matters within the central government's rule-making sphere. The appropriate government's rules and the nature of the establishment must be checked before determining forms, registers, procedure or consequences in an individual case.

Historical provisions: Equal Remuneration Act, 1976

The earlier legislation was enacted to secure equal remuneration for men and women workers and prevent discrimination against women in employment. Its main provisions, covered by the original article, were as follows:

Repeal and savings: Section 69 of the Code on Wages, 2019 provides for repeal of the Equal Remuneration Act, 1976 and contains savings for specified past actions and instruments, subject to its terms. Accordingly, an old dispute may require analysis of the dates, applicable commencement provisions and savings clauses.

Practical steps for employers and employees

1. Review comparable roles: Document duties, qualifications, responsibilities and objective pay-setting factors.
2. Audit pay and recruitment: Check wage bands, job advertisements, promotion policies, training opportunities and hiring decisions for gender-based disparities.
3. Do not cut wages to equalise: The Code expressly prohibits reducing an employee's wage rate merely to comply with the equal-pay rule.
4. Maintain records: Keep relevant wage registers and personnel documentation under the applicable rules.
5. Raise concerns in writing: Employees may first seek a documented explanation from HR or the employer and, where appropriate, use the statutory claims process or obtain professional advice.

Official legislation and government guidance

• India Code: Code on Wages, 2019
• Ministry of Labour and Employment: Code on Wages, 2019 (PDF)
• Ministry of Labour and Employment: Equal Remuneration Act, 1976 (historical PDF)
• Press Information Bureau: implementation of four labour codes, 21 November 2025
• Press Information Bureau: gender equality and the Code on Wages

This article provides general legal information, not an assessment of any particular employment dispute. Check the current notifications, applicable rules and facts before taking action.