The sentence equal pay for equal work means every person who get employed for any work which is given to him should be given sufficient amount of pay as equal to others. Any sort of discrimination while payment of wage will not be tolerated. As this this is most commonly e done in case of sexual discrimination and also in relation to gender pay gap.
The principle of equal pay for equal work is given under clause (d) of article 39 of Indian constitution which says where all things are equal even all the consideration are the same and even the post holding by a person they may be treated equally even in the matters of pay. But if a person is having a different post and a different function then the pay me vary, such complaints will not be looked after as discrimination. Equal pay for equal work find its place in directive principle of state policies and is accompanied in the article 14 and 16 of constitution of India where equality has been enshrined.
The equality act 2010 sets out ‘equality of terms’ under this act the act give us a right to equal pay between men and women for equal work. This covers the concept of of same employment, equality in Pay, other contractual terms even the sex equality clause is also under this act. All employees have right to equal pay even the employees weather on full time, part time, casual or temporary contracts, regardless of length of service, other workers. A woman can claim equal pay with the men working under this act as well. Women can claim equal pay with the man working:
1) For the same employer at same workplace.
2) For the same employer but a different workplace where terms and conditions which apply are same.
3) For an associated employer.
The equal remuneration act 1976, give effect to the phrase equal pay for equal work under article 39 clause (d) which says prevention of discrimination on the ground of sex against women in matter of employment and for matters connected with incidental thereto. Even under section 2 clause (h) states that ‘same work or work of similar nature’ means that work done with respect of skill and efforts performed under similar working condition will have equal pay or same pay as of others.
The judgement of supreme court in case of State of Punjab and Ors. V. Jagjit Singh and Ors. It was held that employee engaged for same work will not be paid Les than the other who perform same duties and responsibilities and certainly not in a welfare state.
The judgement of the court in case State of A.P and others v. G Sreenivasa Rao and Others, that equal pay for equal work does not include that the package of the payment will not be equal as it includes seniority basis, educational qualification , and various other incidents of service. It was further held that ordinary grant of higher pay to a junior would be questionable as it should be answered with the specified reasons.
To fulfill this phrase of equal pay for equal work equal work not only the legislation but even the womens of other sectors such as unorganised should raise their voice against any discrimination or an equal treatment towards them in any way. If women itself start raising the voice and denies the discrimination against them the amount of violation of their rights will start decreasing and even other organisations and NGOs are there to take other required steps and to help women facing this discriminations. Legislation is doing its best to make this phrase equal pay for equal work, work but the phrase also needs women and men to support each other and made this phrase equal pay for equal work, work in our country.