I am a woman doing the same job as a male colleague in Kolkata but getting less pay, is this legal?
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Below is a comprehensive legal analysis based on Indian law for your question.
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 Kolkata. 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.
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