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CS Professional · Labour Laws and Practice · Law of Wages

Sunrise Textiles Pvt Ltd in Surat pays its male packers Rs 18,000 per month and its female packers doing the same work Rs 16,500 per month, solely because they are women. Under the Code on Wages, 2019, what is the position?

The pay gap is prohibited. The Code on Wages, 2019 bars gender-based discrimination in wages by the same employer for the same work or work of a similar nature, and neither consent of the employees nor a limit to the recruitment stage removes that prohibition.

  1. AIt is permissible if the establishment has fewer than 20 employees
  2. BIt is prohibited gender discrimination in wages for the same work or work of a similar nature by the same employerCorrect
  3. CIt is permissible if the female packers agreed in writing to the lower wage
  4. DIt is permissible because discrimination is barred only at the time of recruitment

Explanation

Section 3(1) bars discrimination among employees on the ground of gender in matters relating to wages by the same employer for the same or similar work. A written agreement does not override the prohibition, and the bar is not limited to recruitment.

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