I am a woman doing the same job as a male colleague in Kharagpur but getting less pay, is this legal?
AJ Asked by Ajay Malhotra from India
Quick Answer
Unequal pay for equal work is prohibited under the Equal Remuneration Act, 1976, and the West Bengal Premises Tenancy Act 1997 rules adopted by your state government.
Detailed Legal Analysis
Unequal pay for equal work is prohibited under the Equal Remuneration Act, 1976, and the West Bengal Premises Tenancy Act 1997 rules adopted by your state government. No employer shall pay different remuneration to men and women workers for performing the same work or work of a similar nature in Kharagpur.
The Calcutta High Court has held that the principle of equal pay for equal work is a fundamental right under Articles 14, 15, and 16 of the Constitution. You can file a complaint with the Labour Commissioner or approach the appropriate authority under the Equal Remuneration Act.
The burden is on the employer to justify any differential in pay based on a genuine factor other than sex. Discrimination in recruitment, training, and promotion based on sex is also prohibited under the Act.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.