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CS Professional · Labour Laws and Practice · Law of Wages

Kaveri Logistics advertises a vacancy for warehouse supervisors, work of the same nature for which it already employs men and women, and states 'only male candidates may apply', although no law prohibits or restricts women in this work. Which statement is correct under the Code on Wages, 2019?

The advertisement breaches the Code. The Code on Wages, 2019 prohibits sex discrimination in recruitment for the same or similar work and in conditions of employment, unless some law prohibits or restricts women in that work. Since no such law applies, the male-only condition is unlawful.

  1. AThe advertisement is valid because employers may choose candidates freely at recruitment
  2. BThe advertisement is valid if the vacancies are fewer than ten
  3. CThe advertisement breaches the bar on sex discrimination in recruitment for the same work or work of similar natureCorrect
  4. DThe advertisement breaches the Code only after the candidate is appointed

Explanation

Section 3(2)(ii) forbids discrimination on the ground of sex while recruiting for the same work or work of similar nature and in conditions of employment, except where law prohibits or restricts women's employment in that work. No such law applies here, so the exception fails.

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