The Code on Wages, 2019
Section 3. Prohibition of discrimination on ground of gender
In simple words
- No employer may discriminate between employees on the ground of gender in wages for the same work or work of a similar nature s. 3(1).
- An employer may not lower anyone’s rate of wages to remove a difference s. 3(2)(i).
- Recruitment for the same or similar work, and conditions of employment, must not discriminate on the ground of sex, except where the law prohibits or restricts employing women in the work s. 3(2)(ii). See the equal pay guide.
An explanation, not the law. The official text below prevails.
Official text
(1) There shall be no discrimination in an establishment or any unit thereof among employees on the ground of gender in matters relating to wages by the same employer, in respect of the same work or work of a similar nature done by any employee.
(2) No employer shall,—
(i) for the purposes of complying with the provisions of sub-section (1), reduce the rate of wages of any employee; and
(ii) make any discrimination on the ground of sex while recruiting any employee for the same work or work of similar nature and in the conditions of employment, except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force.