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From Fragmentation to Fairness

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saturday

The concept of minimum wages lies at the heart of labour welfare jurisprudence in India. It reflects the constitutional commitment to social justice by ensuring that workers are paid wages that enable them to live with dignity and maintain their efficiency as productive members of society. With the enactment of the Code on Wages, 2019 (“Code”) the legislature sought to consolidate and rationalise India’s wage related laws, replacing multiple overlapping enactments with a single, comprehensive framework.

The Code introduces a uniform statutory architecture governing minimum wages across all employments, sectors and classes of workers while simultaneously strengthening the principles of non discrimination and fair remuneration. By empowering governments to fix minimum wages based on skill levels, geographical considerations and the nature of work and by introducing the concept of a national floor wage, the Code marks a significant shift from fragmented wage regulation to a harmonised and inclusive regime.

Is gender based wage discrimination allowed?

No. There shall be no discrimination on the grounds of gender in matters relating to wages for the same work or work of a similar nature.

Can an employer reduce wages to comply with gender equality?

No. An employer cannot reduce the wages of any employee to achieve compliance.

Is discrimination allowed at the recruitment stage?

No. Discrimination on the ground of sex in recruitment or conditions of employment is prohibited except where employment of women is restricted by law.

Who decides disputes about whether work is the same or........

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