Table of ContentsSummaryIntroductionLegal and Constitutional ProvisionsEqual Pay for Equal ValueGender Pay Disparity in IT Companies in IndiaConclusion and RecommendationsSummaryThe Principle of Equality salary for equal work is applicable between equals. This cannot be applied to inequality. The dilemma is that equal pay for equal work cannot always be calculated as a mathematical formula. Although this right is enshrined in Article 39 of the Constitution, its realization with regard to the equality clause of Article 14 has led to several difficulties over the years. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”? Get the original essay India addressed this issue in 1976 and enacted the Equal Pay Act which mandates “equality of pay between men and women for the same or similar work. '. It also prohibits employment discrimination based on sex. However, their application in letter and spirit remains a distant dream. In India, both the Constitution and legislation refer to equal pay for equal work, without mentioning equality of value. The doctrine of “equal pay for equal work” is not an abstract doctrine and can be enforced in a court of law. But equal pay must apply to equal work of equal value. Indian courts initially provided a relatively broad definition of employment equality, which would apply regardless of different working hours or employment status. However, this situation has been reversed by the courts in recent years. Our article will focus on equal pay for equal value with reference to employment opportunities in contemporary times. We aim to address gender-based pay parity on multiple fronts with respect to transparent pay structures, a responsive ombudsman and reasonable legislations.IntroductionResearch ProblemWhat are the legal dilemmas involved in achieving equal pay for work equal in India? equal pay for equal work and equal pay for equal value? According to the Global Wage Report 2016-17 released by the ILO, the gender pay gap in India is over 30 per cent. These figures are surprising because Articles 14, 15 and 16 of the Constitution emphasize equal opportunities in working conditions for all citizens in order to achieve social justice. The directive principles enshrined in Article 39 of the Constitution state that equal pay shall be given for equal work. In order to give effect to these constitutional principles, the Equal Pay Act was passed in 1976. However, a conflict arises since the legislations and the Constitution of India only mention equal pay for equal work without mentioning the equal value concept that focuses on quality of work. There is a lack of adequate literature on the concept of equal pay for equal value as well as the gender pay disparity in IT companies. This shows that there are enough study opportunities in this particular field. We will examine the reference document of the working group on discrimination against women in law and practice (the working group): Economic and social life, the right to equal pay for work of equal value , Sandra Fredman, University of Oxford. The second article is 'Gender pay gap in Indian IT sector' written by Salminen-Karlsson,M. in 2015, published by the Gender Research Center, Uppsala University. The article examines the causes of the gender pay gap in IT. The scope of the research is to analyze the concept of equal pay for equal value against the existing concept of equal pay for equal work in order to meet the changing employment trends. . Furthermore, the paper also examines the existing legal struggle on the issue of gender pay parity in India. Our main objectives are: We intend to study the impacts of equal pay for equal work in Indian IT companies. We intend to address the issue of gender pay disparity on several fronts, such as a transparent pay structure and a responsive ombudsman. The study will be analytical in nature and based on the facts and information already available to carry out an analysis of the available material. The researcher used the Equal Pay Act of 1976 as the primary source of study. Internet sources including journals and research articles are used as secondary sources for the study. Books were also consulted to better understand the subject.Legal and Constitutional ProvisionsThe preamble to our Constitution includes the constitutional objectives that the framers of the Constitution intended to achieve, one of which is social justice. The word socialist in the preamble implies equal pay for equal work. Even though the right to equal pay for equal work is not a fundamental right, it can be interpreted through Articles 14, 15, 16 of the Constitution. Article 14 guarantees the implementation of the equality clause and Article 16 states that there should be equal employment opportunities for all citizens. Article 39(d) states that for equal work, there shall be equal pay for men and women. The guiding principle must be interpreted harmoniously and read with fundamental rights. But there has been a conflict between the implementation of Section 14 and that of Section 39(d), because the doctrine of equal pay for equal work cannot be limited to strict limitations. According to article 14 of the Constitution, any classification based on intelligible differences having a direct link with the objective sought is then authorized. Article 14 states that equals should be treated equally, this does not mean that unequals should be treated equally, because mechanical equality before the law can result in injustice. The Supreme Court in State of UP v. the same cadre of people doing similar work can be fixed if there is a difference in the nature of the work done. Furthermore, in the case of Federation of AI Custom and Central Excise Stenographers (Recog.) vs. Union of India, the Court emphasized that equal pay must depend on the "nature of work performed" and not on "mere volume of work" because "there may be a qualitative difference in reliability and accountability . He noted that the functions performed may be the same, but the responsibilities are different. In the case of Markendeya v. State of Andhra Pradesh, the Court noted that the difference in pay scale due to difference in educational level is justifiable and would not violate Articles 14 and 16. Thus, if employees are classified on the basis of their degree and work experience to determine their salary, such classification is then authorized. There is no violation of Section 39(d) if the classification is fair, equitable and reasonable. Equal pay for equal value The right to equal pay for equal workshould not be limited to equal pay for the same work, but should be extended to work. of equal value according to ILO Convention 100. Indeed, the underestimation of the value of work due to discrimination against a particular group is mainly linked to women. Likewise, the fact that women work at home and primarily care for children, among other things, means that their paid work in the labor market is undervalued. Eliminating unequal pay for the same work is only the first step in this process. In the case of widespread occupational segregation, the problem is not that women receive lower pay for the same work, but rather that they are concentrated in an underestimated feminization. The concept of work of equal value emphasizes that the comparison should not be limited to the content of the work, but rather compare the requirements of the work, such as skill level, effort and responsibility, as well as the conditions of work. In India, the initial recognition of the principle of equal value under the constitutional guarantee was revoked when the Supreme Court of India held that it was "creating havoc". Different groups across India have started demanding equal pay with other groups, like government employees of one state demanding pay equal to government employees of another state. Because this is a violation of the principle of decentralization aimed at interfering with workers' wages, the court's subsequent opinion on this principle is very narrow. Markandey J said: “In our view, fixing the pay scales by the courts applying the principle of equal pay for equal pay” This work subverts the high constitutional principle of separation of powers between the three organs of the State. Aware of this, the Court has in recent years avoided applying the principle of equal pay for equal work, unless there is complete and overall identity between the two groups (and here too, l The matter should be submitted for examination by a committee of experts appointed by the government). instead of the Court itself awarding a higher remuneration). This resulted in a restrictive interpretation of the principle of equal pay for equal work. In the sense that, unless there is a "complete and comprehensive identity between the two groups", there is no requirement for equal pay for equal work. In a 2017 report, the International Labor Organization (ILO) highlighted that the wage gap between Indian women and men is huge. The survey clearly shows that men earn more than women in similar jobs. In many cases, the gap reaches a staggering 30%. Data from the Monster Salary Index (2016) shows that the gender pay gap in India is still widening, as the index highlights that the median hourly wage for men is Rs 345.8, while for women women, it is only 259.8 rupees. In fact, the gender pay gap averaged 25% in 2016. However, this figure varies from sector to sector. Example: In the manufacturing sector, the gender pay gap is 29.9%, while in the IT sector it is 38.2%, the index highlights. However, there are a number of laws that protect equal pay for equal work between men and women, such as the "Equal Pay Act 1976" which aims to ensure equal pay for both workers and to prevent discrimination based on sex in matters relating to employment and employment opportunities. This not only guarantees women their right to equal pay for equal work,but, according to the law, any inequality in the process of recruitment, professional training, promotion and transfer within the organization can also be questioned. or work of a similar nature” does not meet the ILO requirement of equal pay for work of equal value. The law defines it as "the same employment or work of a similar nature" as "work for which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a male or a woman and the differences The differences, if any, between the skills, efforts and responsibilities required of a man and those required of a woman are not of practical importance with regard to the conditions of job. The ILO CEACR has always emphasized that this definition is too strict and restrictive, because the notion of equal value goes beyond “similar work” and includes work of a completely different nature, but they must be of value equal. The Committee is also concerned that India has failed to fulfill its obligations under Article 3 of the Convention and has taken steps to promote an objective assessment of its work on the basis of the work to be carried out. It says that in India, women's pay is determined by classification, which does not reflect the actual nature of the work involved. Sankaran confirmed this by pointing out that according to the 'Minimum Wage Act, 1938', women's occupations are generally classified as: non-technical, i.e. unskilled. For example, in transplanting (which is exclusively done by women in most parts of India), farming, weeding, etc., although skills and experience are required for both these activities, but classified as unskilled, while other activities are generally carried out by men who are considered unskilled. skilled work for which they get higher salaries.Gender Pay Gap in IT Companies in IndiaAccording to section 1 of the Equal Remuneration Act, 1976, this act applies to establishments only through notifications issued by the government competent. As per notification number SO 144 (E) dated March 2, 1977, “data processing and tabulation services” falls within the scope of the Act. Therefore, the IT and ITES sectors are now covered under the Equal Pay Act. Gender disparity in the labor market is a common phenomenon. IT service companies are no exception. The reasons attributed to the gender disparity in IT services companies are as follows: In IT companies, work experience is a key factor in determining salary. Since women were expected to take on family responsibilities, they took career breaks, making it difficult to gain the experience that would earn them a high salary. It is often difficult for women to continue working after taking maternity breaks, as the gap can affect their performance, salary level, etc. A survey of IT professionals concluded that only 14% of women have work experience of 11 years or more. and this confirms the fact that most women tend to leave their jobs after marriage. The report also confirms a gender pay parity of 29% in IT companies in India. Women's traditional role as wife and mother has affected their progression and growth in the industry.