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Your rights

Can I be paid less for same work due to gender?

Short answer

No. The Equal Remuneration Act mandates equal pay for equal work regardless of gender. Employer cannot discriminate in recruitment, pay, or conditions.

Understanding the issue

The Equal Remuneration Act and Code on Wages Section 3 prohibit discrimination in wages based on gender. An employer must pay equal remuneration to men and women for the same work or work of a similar nature. This includes basic wages, allowances, and all other benefits. The law also prohibits discrimination in recruitment, training, promotions, and conditions of service. Article 39(d) of the Constitution directs the State to ensure equal pay for equal work for both men and women. If you are being paid less than a colleague of the opposite gender for the same work, file a complaint with the Labour Commissioner or approach the Labour Court. The employer faces penalty including fine and imprisonment.

Laws that apply

  • Equal Remuneration Act — Section 4 (Equal pay)
  • Code on Wages — Section 3
  • Article 39(d) — Equal pay for equal work