EQUAL PAY FOR EQUAL WORK: MEANING, CONCEPT, AND

HISTORY

WE ALL SEEM TO BE EQUALLY SMART AND EQUALLY FOOLISH BEFORE GOD.

ALBERT EINSTEIN

1. INTRODUCTION

I
ndividuals in societies strive to make the best use of their talents, expertise, and assets to
make a livelihood. To meet their daily necessities, they engage in a variety of business
activities. They are compensated for undertaking such duties. The mode of currency might
be financial, material, or in the form of products and services. However, when persons who
accomplish the same or comparable work are paid differently, a variety of difficulties occur.
When such inequities occur, the term Equal Pay and Equal Work comes immediately to
mind. The theory of equal pay for equal work is a labor rights concept that states that everybody
in an identical job doing similar or slightly similar duties should be compensated equally.
However, such an idea is hardly a reality, and the principle of equal compensation for equal
effort is nowhere to be found. Discrimination exists in civilization depending on gender, race,
faith, and other factors. The fundamental source of bias is the notion or assumption that
individuals from a particular race can do activities more effectively and successfully than
others. "Men must insist that their spouses, sisters, moms, and daughters be paid more,
grounded on educational qualifications rather than their status. When men and women have
equal pay and respect, equality will be accomplished." -Beyoncé

Equal opportunity is a critical component that must be addressed to a larger extent. This is to
guarantee that no bias exists between people and individuals of each tier of society, resulting in
the overall development of everybody and the well-being of society as a whole. There are laws

1
in place at both the national and international levels that address this issue and are striving to
improve the current situation. It's become necessary for today's highly competitive society to
eliminate such inequalities and improve the ill scenario.

It is not explicitly declared as a basic or even fundamental right in India's constitution. Various
articles of the constitution can be used to understand it. Articles 14-18, which discuss
establishing individual equality by subtracting the current economic or social barriers, have an
important role in combating discrimination and developing a feeling of inclusivity in public
work. Positive discrimination for the advancement and well-being of the society's backward
sections is also discussed in Articles 15 and 16 1. India is in deep water compared to the
principle of equal pay for equal effort. Despite laws such as the Code of Wages Act, 2019 2, the
Equality Act 2010, and numerous judicial precedents underpinning the right to equal pay for
equal work by the High Courts and the Supreme Court, the reality on the ground remains intact
and physical, cultural, ethnic or religious, and religious prejudices arise as the primary
impediments. The most common form of prejudice in Indian society is gender inequality. The
Judge's Ruling to allow permanent commissions to female army soldiers was just one of
several. Such actions and decisions assist not only a set of people but also build new paths for
the spread of the concept of equal pay for equal effort at a time when certain revolutionary
thinking and changes are desperately needed.

In this paper, we are going to analyze the meaning and concept of “equal pay and equal work”.
We are also going to look into the history of this concept, especially in the context of India. We
will also understand the difference between equal pay for equal work (pay equality) and equal
pay for an equal value of work (pay equity). Before concluding some suggestions are

“We tell women their labor isn’t as valued when we pay them less than
males. We’re all equally important and we should be paid equally.”
- Barack Obama

mentioned for the issues prevailing. In the end, we would conclude the paper.

1
The Constitution of India, 1950, art. 15 and 16
2
Wage Code for 2019 (act no. 29 of 2019)

2
 2. MEANING

When contrasted to the opposite gender, the belief is that a female or male worker is entitled to
equal pay for equal effort. The Equality Act of 2010 establishes the notion of equal
compensation for equal labor (EqA 2010). When contrasted to the other sex, it assures that a
male or female worker has the right to equal remuneration for equal effort. EqA 2010 also
incorporates this notion into the employment contract in the form of an "equality clause."3

Equal work denotes equally valuable effort. Workers of the very same rank, performing
identical jobs, irrespective of gender, race, class, or religion, are guaranteed almost the same
compensation in an organization. The idea is based on the fundamental idea of equality. At the
very same moment, the Indian Constitution's prologue guarantees equality of position and
chance. "To advance the welfare of people by guaranteeing and safeguarding as efficiently as
this can a natural cohesion in which fairness, economic, financial, and governmental, should
guide all organizations of national life," the state has the obligation.

Equal compensation for equal effort is a social and legal requirement.

Equal pay for equal labor is one of the limbs of the phrase "Equality," which recognizes that in
any company, salary scales for equivalent positions and kinds of work must be comparable,
regardless of gender, race, class, religion, or faith. This maintains societal equilibrium and
peace, ensuring that everyone is treated fairly. Despite this clause, there have been some
instances of discrimination in employment.

It still exists today based on gender.

Wage disparity for equivalent labor starts at the recruiting process and continues to the highest
levels of the business. Wage disparities between men and women for equivalent types of
employment are more of a societal than an organizational issue.

Among the most fundamental things that people have aspired for a fair level of living is equity
in terms of labor and pay. Whereas every individual has the right to work and earn a living,
3
Equal pay for equal work definition available at Equal pay for equal work | Legal Glossary | LexisNexis

3
there is a problem when society's pay norms are unsatisfactory. The most pressing issue is the
distribution of differential compensation for the same labor in a specific industry. India has a
long history of salary disparities based on sex, class, and even socioeconomic level. People in
low-paying jobs were led to feel that they deserved the salary they were paid because they
belonged to a certain race, class, or sexuality. And this was true although if they performed the
very same type of job as their higher-paid counter workers. This socio-economic criterion was
incompatible with the idea of justice and required to be modified. The Indian Supreme court
acknowledged and established this idea in numerous of its decisions. The court also determined
that a state dedicated to a socialist model of society cannot discriminate against employees
based on unreasonable categorization.

3. CONCEPT

Gender inequality favors males in numerous areas, including the workplace, according to
studies. Equality means that persons of all genders, races, disabilities, religions, nationalities,
sexual orientations and ages are treated equally. Bias has an impact on many facets of women's
lives, from job advancement to mental health issues. At school or work, equality entails
ensuring that everyone is given the same opportunities, paid equally, and valued for their
diversity. Gender inequality has an influence on a variety of indicators, including India's sex
ratio, female academic qualifications, and economic situations. Gender discrimination in India
is a multifaceted problem that affects both men and women.

Equal compensation for equivalent work of equal value is characterized as pay equity. Every
employee, irrespective of sex, race, ethnicity, age, or physical or mental impairment, has the
right to demand equivalent compensation for equal work. Regardless of whether they work full-
time or part-time. In recent times, there has also been a lot of focus on paying equity. In
general, this entails paying workers for the same or comparable tasks but also considering other
aspects such as their degree of expertise, work performance, and length of service with the
company.

4
The issue emerges as to why pay equality is required. Many management theorists have
highlighted that a healthy and encouraging atmosphere for workers is the key to achieving
optimum creativity and productivity in any firm. If the staff are not pleased and driven, the
company will not expand. Pay equality helps to close that difference and strengthens each
employee's loyalty to the organization.

The notion of minimum wage stems from the concept of equitable compensation. Not only does
the employer have to pay an equivalent wage, but there is also a min wage, which is described
as a fixed amount of money that must be paid by the employer for work performed by that
individual for a specified period, and which cannot be lowered by a collective agreement
reached by both parties. In India, the government has established a minimum salary of 176
rupees (about $3) for an optimum eight-hour workday. Local governments can provide
leniency, which varies from state - to - state. The daily pay cannot go below the local
government's specified limit.

4. HISTORY AND LAWS RELATING TO THE EQUAL PAY AND EQUAL

WORK PHILOSOPHY

Discrimination and equality are synonymous words. It is widely acknowledged that

egalitarianism and prejudice are analogous. To comprehend this connection, nevertheless, one
must first examine the concept of equality and the qualities that distinguish it as a developing,
universal set of ethical and practical norms. Social philosophers of science have made
significant contributions to reducing societal inequities. The disparity in payment standards has
existed in every tier and level of society since the beginning. Race, religion, class, and sex were
all used as justifications for economic inequality. People begin to use the existing financial
means for their well-being and the benefit of the community after the first phases of the
establishment of a civilized society. Persons began giving particular work to other people in the
process of executing such commercial transactions, either independently or through an

5
organizational setting, to attain a shared aim. People were given valued commodities and
services in exchange for engaging in such economic pursuits. However, the goods or services
provided were not the same for every one of them, and they differed based on physical and
societal stigmatization and preconceptions. These discrepancies and inequities grew so
prevalent and entrenched in society that they went unrecognized, and therefore became a part of
everyday life. In an Indian community, for instance, a male was given higher attention and was
paid more regard for the same activity performed by his female counterpart. The situation was
the same for everyone, from the ruling household to ordinary guys. Female citizens did not
receive the proper recognition and value for their contributions. There were many other types of
gender discrepancies, not only male-female ones. Pay disparities between members of the same
sex also have been a big source of worry and a problem that deserves special attention. Even the
current situation is not admirable. A good illustration of this is the differential in compensation
between daily wage and regular wage laborers. The current situation differs from how it was a
few years or hundreds of years ago due to increased consciousness, improvements in education,
and a widening of learning and thinking. Throughout history, many legal and mandatory actions
have been enacted for the development of society and the realization of the notions of equality
and fairness. Equal compensation for the equal effort was important to the framers of the
constitution, therefore it was incorporated into the 'Right to Work' via Article 39(d) and Article
14. These articles, which are contained in the directive principles of state policies, serve as
recommendations to be considered while drafting state policies and plans. Even legal efforts are
made, with the Equal Remuneration Act of 1976 being the most notable. Section 4 of the Act
not only emphasizes equal compensation for equal effort but also prohibits employers from
reversing pay scales to achieve balance. To replace the holes created by the preceding
legislation, the Equal Remuneration Act of 1976 4 was abolished by the Code on Wages Act of
2019. The Code on Wages Act has accelerated the process of closing the pay disparity in Indian
society. The concept of Equal Pay for Equal Work first was discussed in the case of Kishori
Mohanlal Bakshi v. Union of India5 in 1962, when the Supreme Court found it unenforceable
in court. However, Mackinnon Mackenzie's lawsuit resulted in its de-recognition in 1987. A
demand for equal pay for Women and Men Transcribers was the source of concern in this case.

4
Equal Remuneration Act, 1976 (act no. 25 of 1976)
5
1985 AIR 1124

6
The Court decided in favor of female stenographers because it believed in inequality. The
following are some of the other acts in India that support the principle of equal pay for equal
work:

• Workmen's Compensation Statute of 19236- This act protects workers and their
dependents in the event of an injury and enables monetary reimbursement from
employers.
• Factories Act of 19487- This law was enacted to govern the working conditions of
factory workers.
• Minimum Wages Legislation, 19488-This act was enacted to establish statutory
minimum wages in India to enhance the working conditions of employees.
• Contract Labor (Regulation and Abolition Act), 1970 9- This act was significant since it
established working hours for women and introduced a new social transformation.
• The Wage Code Act of 2019- This measure emphasized the necessity of equitable
compensation for all workers. It broadened the scope of the legislation's application to
include other repressed genders, such as transgender people. The statute also gave the
government the right to proclaim salary disparities between companies, and not based
on gender. The Code further advances by repealing Section 16 of the Equal
Remuneration Act of 1976, which permitted the government to issue that in any
company or employment, the factor of pay disparity would be other than sex. Section
1610 provided the government the ability to proclaim the unequal to be equal without
reason.

India has traditionally prioritized the well-being of the financially deprived sections of the
population. The call for national minimum wage legislation is not something fresh that comes
to mind. Although being a popular proposal, the national minimum wage policy has yet to
become a legal requirement. Is the moment for change finally here, and is the country ready for
it? For legislators, this has been a difficult reality to accept. Changes in society and an increase
6
Workmen's Compensation Act 1923(Act no. 8 of 1923)
7
The 1948 Factories Act (Act no. 63 of 1948)
8
Minimum Wage Act 1948 (Act no. 11 of 1948)

9
The Contract Labour (Regulation and Abolition) Act 1970 (Act no. 37 of 1970)

10
The wage code Act, 2019 (act no. 29 of 2019), sec 16

7
in public knowledge among ordinary residents of the state have caused policymakers to be
unrest. National trade unions have lately launched a push to establish a statutory national
minimum floor pay that is greater than the present non-statutory national minimum wage.

5. FACTORS AFFECTING EQUAL PAY IN INDIA AND THE CURRENT

SITUATION

Despite enormous legal and social progress, as well as advancements in people's mindsets and
customs, the amount to which this concept is followed remains the question in the mind of a
decent person. In recent years, logical thinking and certain elements impacting life quality
amongst society's members have witnessed a significant improvement in terms of quality,
resulting in a narrowing of pay disparities. Still, a large portion of the stone has been left
unturned and must be dealt with as soon as possible. The following are some of the elements
that influence the concept of equal compensation for equal work:

• Lack of sufficient education and skill-based training- Indian society is mostly patriarchal,
with the men of the community bearing the brunt of decision-making. As a result, the
preponderance of practices is male-friendly, and women are exposed to fewer opportunities and
training as a result of this. This is why women are unable to acquire the necessary abilities.

• Social preconceptions and taboos- Many people in our society have a primitive mindset and
believe that women should be kept within the home and that allowing them out would
jeopardize the family's honor in society and among their friends. Numerous unclean ideas
prevent a woman's complete growth.

• Discrimination based on gender, class, race, or dialect has an impact on the concept of
equitable compensation. Employer prejudice has an impact on the salaries that employees
receive. In areas like Bihar, one example of discrimination is the wage disparity between
workers from higher ethnic groups and those from lower castes. Discrimination is also practiced
based on one's birthplace. People from Bihar And Uttar Pradesh aren't ever compensated
according to their abilities and labor in places like Maharashtra.

8
• Religious and cultural risks-India is a multi-religious and multi-cultural country.
Uncountable traditions come with countless cultures. Certain responsibilities and beliefs are
derived from these practices. Following these ideas and following tradition, the concept of
equal pay has been ruined to some extent. Some religious beliefs forbid women from leaving
their homes, denying them opportunities for self-development and economic wealth.

• Favoritism and Nepotism-Favoritism refers to giving significantly more resources and

opportunities to people who are close to you rather than on merits and achievement. This is why
the vast majority of deserving folks are denied the recognition and wages to which they are
entitled.

• Undermining the potential of particular groups- There is a perception that people from
several states, such as Bihar, are unqualified for occupations that require higher academic
qualifications and English language competence. As a result, such people's potential is
squandered, and they are denied the occupations that should be available to them based on their
skill sets.

Until and unless the aforementioned risks are addressed and appropriate remedial steps are
taken, this gap would continue to remain more or less the same.

6. EQUAL PAY AND EQUAL WORK: ECONOMIC, SOCIAL, AND PHYSICAL

CONSEQUENCES AND SOLUTIONS

Equal compensation for equal labor is a broad notion with many applications. It influences
human existence and society's economic, political, and physical characteristics. It mostly
concerns the economic aspect, which has an impact on a person's physical and social conduct
and the situation in society. The following are among the consequences of the concept:

• Improved quality of life- Whenever a person has the financial resources to get the necessary
elements, all aspects of his or her existence will enhance in terms of quality. If each person in
society is properly compensated for the work they do, fundamental human needs such as

9
healthcare, schooling, as well as certain other wants may be met, and the ultimate objective of
achieving a welfare state can be achieved.

• Achieving societal equality: The idea may be utilized to close disparities between members
of the community and prevent the formation of classes based on economics. It would contribute
to the emergence of harmony and collaboration in the community, as well as the development
of a sense of understanding and respect, and work dignity.

• Women's rights promotion and reinforcement—Female members of the society are often
discriminated against owing to poor education and understanding of their rights and potential.
Equal pay can help them improve their situation and bring them up to par with males.

• Societal growth that is both sustainable and rapid- Men and women are the two tires of the
same vehicle, and the cart cannot go without one of them. For the effective administration of
civilization, it is critical to maintaining a suitable balance in the condition of both male and
female members. The growth of each component of society is essential for the society's long-
term and comprehensive development. • Country's economic development- If each tier of
society engages equitably in the state's financial activities, the state's financial status may be
enhanced to a larger level, and a strong economy can be built. All other characteristics of the
state, such as growth, justice, and welfare, maybe readily attained with a strong economy.

• Increased Innovation and Competition- Equal pay provides everyone with the same
platforms and assets, fostering an environment conducive to innovation. When everyone is on
the same page, competition increases, driven by the growth of vast numbers of skilled and
semi-skilled workers.

• Poverty reduction- Equal pay would raise an individual's assets, allowing him to control his
responsibilities. It would be simpler to meet basic requirements and facilities in a family if
salaries were paid equally because there would be no need for a single individual to work for
the family's needs and actions.

• Labor Dignity- Once people of all different categories begin to get equal pay for the same
types of occupations they do, a spirit of understanding and respect will grow among them, and
there would be no class distinction based on labor.

10
• Increase in literacy rate and life expectancy- With increased salary, excellent education and
healthcare facilities would be more easily accessible to all people, making it simpler to meet
their wants and desires. It can also aid in raising a country's HDI score. We must act in support
of the concept of equal pay for equal effort. The most important thing that can be done is to
provide education and training to people from all walks of life. Equally crucial is the platform
for representation. Discrimination should also be minimized to the greatest degree
possible. Members of society must have a feeling of obligation to the community, refrain from
favoritism and nepotism, and give chances to those who deserve them. Equal pay laws should
be worded more efficiently and by current needs. Those who abuse the rights of others or cause
discrimination should face harsh penalties. People should think logically instead of relying on
questionable religious rituals that contribute to social inequity. Even Mahatma Gandhi, the
nation's father, urged salary equality for men and women. Its placement in the state's directive
principles demonstrates its significance and need.

7. PAY EQUITY V. PAY EQUALITY

 Pay Equality

Equal pay means equal access to opportunities. This is a large and essential idea. Access to
high-paying occupations is difficult for women, racial minorities, handicapped persons, LGBT
people, and other oppressed groups.

On a world stage, these impediments can be systematic, such as the fact that children of color
have less access to good schooling and are less encouraged to seek STEM careers.

If your workplace is not wheelchair accessible or your ranking system penalizes those who
choose to have kids, they might be systemic across your organization.

Interpersonal obstacles can sometimes be unintentional and fostered by societal standards.

Consider the prototypical group that interacts solely through sports analogies and filthy jokes.

Create policies that encourage an inclusive and diverse business culture to enhance pay
equality.

11
Here are a few ideas for promoting opportunity equality:

 Engage a broader range of people on purpose.

 To avoid bias in the hiring process, create defined career routes and performance
targets.
 Provide perks like flex hours and remote work to encourage equal participation.

 Pay Equity

Equal remuneration for the labor of equivalent or equal worth is referred to as pay equality. To
put it in other words, salary should also not be affected by protected qualities.

Aspects of a specific individual that are protected against prejudice are referred to as protected
characteristics. Colour, faith, sexual preference, and handicap status are examples of these
factors. Protected groups or protected classes are what they're termed in the United
States. They're known as restricted areas. Pay parity is mandated by law, however, the precise
laws will differ. Pay equity is precise and measurable, whereas equality is a more abstract ideal.

8. SUGGESTIONS

The following are some recommendations for achieving "equal compensation for equal work":

 In India and around the world, the idea of equal compensation for equal labor has been
effectively recognized by law. It is therefore critical to raise societal awareness and
effect changes so that any gender imbalance may be addressed from the beginning.
 Revolutionary pay equality laws and collective bargaining agreements are required.
 The notion of 'Wage Justice' has been made possible by the premise of equal
compensation for equal effort. It can be accomplished by increasing the worth of the
oppressed minority and eliminating any wage disparities based on criteria such as
gender.
 The regulations provide that salary disparities cannot be based on gender, caste, creed,
religion, or other factors. When discussing workplaces, it is critical to identify, describe

12
 in detail, and emphasize marital status and pregnancy. The Brazilian Constitution
specifies that "marital status" is not a justification for job discrimination. There are still
several organizations that, if not outright, weed out women employees who are ready to
become married or pregnant in various subtle ways. These are inhumane conditions that
must be prohibited at all costs.

9. CONCLUSION

Despite multiple legislative, administrative, and judicial initiatives, India's issue of unequal
compensation for equal work persists. To address this issue, the legislature has created different
legislation, and numerous court rulings across India have led to the acknowledgment of equal
pay as a basic right for equal labor. All of this has resulted in a significant improvement in the
situation. Workers are now coming up and speaking out for their rights, and there is evidence
and claims of a decrease in gender-based discrimination. This is placing immense pressure on
the government to strengthen workplace laws and order. Ongoing efforts must be made to
educate the working class about their rights to equitable pay. Steps should be undertaken to
organize groups that will travel to rural regions and inform women in these regions that they
have the very same right to equal pay as just a man doing the same job. They must be educated
on the many remedies available under various legislation, as well as the organizations to which
they may turn if they are discriminated against. Organizations should have an anti-
discrimination policy in place that outlines the company's commitment to equal compensation
for equivalent labor and outlines a procedure for dealing with any claims to the contrary.

For a society's overall development, all of its layers must be in perfect operating order. It is
difficult for a society to flourish positively without at least one of its constituents. An ideal
society must have a well-functioning system for resource creation, distribution, and
consumption. It would be extremely difficult for society to function if all groups were treated
equally.

13
A stitch in time saves nine. This phrase encapsulates everything. Equal pay is urgently needed
in society, and if proper actions are taken within the time frame provided, we can protect
ourselves from future harm and pave the way for the state's and citizens' prosperity. If there is a
delay, serious effects such as socioeconomic upheaval and a decline in people's living standards
may occur.

10. REFERENCES

1. Equal pay for equal work definition available at Equal pay for equal work | Legal
Glossary | LexisNexis (last modified 20th May 2022)
2. Doctrine of “equal pay for equal work” available at Doctrine of “equal pay for equal
work" - Law Times Journal (last modified 20th May 2022)
3. Equal pay for equal work in India and the globalizing world available at leaders (last
modified 20th May 2022)
4. What's the Difference Between Pay Equity and Pay Equality? available at What's the
Difference Between Pay Equity and Pay Equality? ([Link])

14