Indian women doing the same job as male colleagues have a legal right to the same wage. Under the Code on Wages, 2019 — which replaced the Equal Remuneration Act, 1976 — any employer who pays a woman less than a man for identical or similar work is breaking the law and can face fines and imprisonment. Yet India’s gender pay gap still stands at 34%, according to the ILO. Knowing exactly what the law says, and what to do when an employer violates it, is the first step to closing that gap.
What the Law Actually Says
The Equal Remuneration Act, 1976 was India’s first dedicated law on gender pay parity. From 2019 onward, those protections moved into the Code on Wages, 2019 (Section 3), which consolidates four older labour statutes. The shift matters: the Code uses the word “gender” — not merely “sex” — giving the same protection to transgender employees that women have always had on paper.
The core rule is clear: there shall be no discrimination in an establishment among employees on the ground of gender in matters relating to wages, in respect of the same work or work of a similar nature. Courts look at skill, effort, and responsibility required for a role — not just the job title. A woman performing the same tasks as a male “senior executive” at a different pay grade can claim equal pay if the substance of the work is identical.
Beyond wages, the law prohibits gender-based discrimination in recruitment, promotions, transfers, and training. Women also have separate protections under the POSH Act for workplace harassment.
How Big Is the Gap in Reality?
India ranked 131st out of 148 countries in the WEF Global Gender Gap Report 2025 — down two places from the previous year. The Periodic Labour Force Survey 2025 shows:
| Employment type | Women earn as % of men |
|---|---|
| Salaried/regular jobs | 76% |
| Casual/daily wage labour | 69% |
| Self-employment | 36% |
The ILO puts the overall gap at 34%: women in India earn 66 paise for every rupee a man earns. A DBS Bank India survey found salaried women in metro cities perceive a 23% pay gap themselves.
What Counts as “Equal Work”?
Courts apply a four-factor functional test:
- Skill — Does the role demand comparable training, knowledge, or abilities?
- Effort — Is the physical or mental exertion at a similar level?
- Responsibility — Does the role carry comparable accountability?
- Working conditions — Are the physical surroundings and hazards similar?
Job title differences alone do not justify a pay gap. If a female customer service team lead and a male “assistant manager” both supervise five agents and hit the same KPIs, they should be on the same pay band.
Employer Obligations Under the Code on Wages
- Pay equal wages for equal work — no gender-based pay differential for same or similar work.
- Maintain wage registers showing each employee’s name, gender, designation, and wages — available for Labour Inspector review at any time.
- Display notices at the workplace in a language workers understand.
- Avoid discriminatory recruitment — no gender-specific hiring or lower starting salaries for women applicants.
Penalties for Violations
- First offence: Fine up to ₹50,000.
- Repeat offence: Imprisonment up to three months, or fine up to ₹1,00,000, or both.
- Failure to maintain records: Fine up to ₹10,000.
These apply on top of any back-pay the employer is ordered to provide.
How to File an Equal Pay Complaint — Step by Step
Step 1: Gather Evidence
Collect your offer letter, pay slips, your male colleague’s salary information if you have legitimate access, job descriptions, and any emails describing duties. Even informal written confirmation from a colleague can help.
Step 2: Raise It Internally
Put your concern in writing to HR or your manager. A formal written complaint creates a paper trail. Many employers resolve it here to avoid regulatory scrutiny — especially larger companies with compliance teams.
Step 3: File with the Labour Commissioner
File a written complaint with the Labour Commissioner (or Assistant Labour Commissioner) in your district. The authority can investigate, inspect the employer’s wage registers, and order back-pay with interest. You can also file digitally via the SAMADHAN Portal (samadhan.labour.gov.in) — Ministry of Labour and Employment’s online grievance platform. No lawyer required at this stage.
Step 4: Escalate to the Labour Court
If the Labour Commissioner doesn’t resolve it, take it to the Labour Court in your jurisdiction. Courts can award compensation and direct the employer to correct the pay disparity. Legal representation is advisable here.
Red Flags Your Employer May Be Violating the Law
- Your job description matches a male colleague’s, but your salary band is lower.
- You received a smaller increment despite equal or better performance ratings.
- A male hired after you, for the same role, was offered a higher CTC.
- Your employer refuses to share the salary range for your position.
- Female employees are consistently placed in lower pay grades than comparable male employees.
Negotiation: Your Strongest Tool Before Signing
The law sets a floor, not a ceiling. Part of the gap persists because women in India are statistically less likely to negotiate their starting salary. Research from IIM Bangalore found women who negotiated their first offer secured 8–12% higher CTC than those who accepted the first number. Before signing any offer: research market rates on LinkedIn Salary Insights and AmbitionBox, ask for the full CTC breakdown, and counter-offer once, professionally.
ePeople India lists roles where the employer pays the recruitment fee — so your negotiating position starts stronger because you carry no placement debt. Browse zero-fee jobs now.
Frequently Asked Questions
Does the equal pay rule cover contract or gig workers?
Yes. The Code on Wages covers all employees including contract workers. The obligation rests with both the principal employer and the contractor.
Can an employer pay a man more because he has more experience?
Yes — experience, seniority, merit, and output can justify pay differences. The law prohibits differences based solely on gender. A gap tied to measurable experience is defensible; one tied purely to gender is not.
Is there a time limit for filing an equal pay complaint in India?
Most states set a three-year limitation period from the date of the alleged underpayment. File early — the longer you wait, the harder it becomes to gather evidence.
Does the Code on Wages apply to small startups?
Yes. There is no minimum headcount threshold — the equal remuneration provisions apply from the first hire.
What if my employer retaliates after I complain?
Retaliation is itself a violation. Document any adverse actions — demotion, transfer, reduced duties, or termination — and include them in your Labour Commissioner complaint. Additional penalties apply.
How do I prove my male colleague earns more without his payslip?
Credible secondhand information can support an initial complaint. The Labour Inspector has statutory power to inspect the employer’s wage registers — you don’t need to produce your colleague’s payslip yourself.
Related on ePeople India: Minimum wage rates in India 2026 by state | Maternity leave rights India 2026
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Srikanth is a workforce and employment law writer at ePeople India. This article is for informational purposes only. For specific legal advice, consult a registered labour law practitioner.
