Right Against Gender Discrimination at Work
Employers cannot discriminate based on gender in recruitment, pay, promotion, or conditions of service.
🗣️ What this means for you
You have the right to equal pay for equal work regardless of gender. An employer cannot refuse to hire, promote, or provide benefits to you based on your gender. The Constitution of India guarantees equality, and the Equal Remuneration Act ensures that men and women receive equal pay for equal or similar work.
Step-by-Step Action Plan
Document specific instances of gender discrimination — pay gaps, denied promotions, biased treatment.
Raise a formal written grievance with your employer or HR department.
If unresolved, file a complaint with the Labour Commissioner under the Equal Remuneration Act.
You can also file a complaint with the National Commission for Women (NCW) if applicable.
Approach the Labour Court for enforcement of equal pay and non-discrimination.
Consider filing a writ petition under Article 14 and 15 of the Constitution if your employer is a government body.
⚖️ The Relevant Law
Equal Remuneration Act, 1976 (now subsumed under Code on Wages, 2019) (1976)
Section 4 of the Equal Remuneration Act / Section 3 of the Code on Wages, 2019
"No employer shall pay to any worker employed by him, remuneration at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for the same work or work of a similar nature."
⚠️ Punishment / Penalty
Fine up to ₹10,000 or imprisonment up to 3 months or both under the Equal Remuneration Act. Under the Code on Wages 2019, penalties include fines up to ₹3 lakh for repeated offences.
Required Documents
- 📄Pay slips showing pay disparity
- 📄Appointment letters of comparable positions
- 📄Proof of qualifications and experience
- 📄Written complaint or grievance raised with employer
- 📄Any internal communications regarding the discriminatory treatment