Apr 5, 2018

Equal Pay for Equal Work: Equal Pay for Daily Wagers/Contract Labourers and Regular Employees

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
RAJYA SABHA
STARRED QUESTION NO. 346
TO BE ANSWERED ON 28.03.2018

EQUAL PAY FOR DAILY WAGERS/CONTRACT LABOURERS AND REGULAR EMPLOYEES

346. DR. SATYANARAYAN JATIYA:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to
state:
(a)the policy of "equal pay for equal work" and the effective measures taken for the implementation of the same; and
(b)in reference to (a) above the measures taken to ensure equal payment to daily wagers and contract labourers employed in institutes, establishments and companies of Government and
private sector as is being given to regular employees employed there?

ANSWER
MINISTER OF STATE(IC) FOR LABOUR AND EMPLOYMENT
(SHRI SANTOSH KUMAR GANGWAR)
(a) & (b): The principal of "equal pay for equal work" was examined and laid down by the Hon‟ble Supreme Court in the civil appeal number 213 of 2013. The issue before the Hon‟ble Supreme Court was as under:

"whether temporarily engaged employees (daily-wage employees, ad- appointees, employees appointed on casual basis, contractual employees and the like), are entitled to minimum of the regular pay-scale, alongwith dearness allowance (as revised from time to time) on account of their performing the same duties, which are discharged by those engaged on regular basis, against sanctioned posts"

The Hon‟ble Supreme Court held that:
"There can be no doubt, that the principle of "equal pay for equal work" would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post"

The above judgement of the Hon'ble Supreme Court dated 26th October, 2016 covers various sets of temporarily engaged employees, viz. daily-wage employees, adappointees, employees appointed on casual basis, contractual employees etc. It is mandatory for the employer/principal employer to comply with the provisions of labour laws and apply the ratio laid down by the Hon'ble Supreme Court regarding "equal pay for equal work" while paying wages to its workers/labourers.

In so far as the contract labour is concerned, the Contract Labour (Regulation & Abolition) Central Rules, 1971 provides for wage parity as stipulated in rule 25(2)(v)(a) which is reproduced below:

"in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work"

Source: www.rajyasabga.nic.in

No comments:

Post a Comment

Labels

7th CPC (627) A Boon or Bane (1) Aadhaar Card (32) Accounts Department (3) ACR (2) Additional Allowances (1) Additional Secretaries (1) Advance (13) Advantage Employees (1) Advertisements (1) Age Relaxation (1) AIBEA (1) AIBOA (1) AICPIN (12) AIPAEA (1) Air Force (2) Air Ticket (2) AIRF (7) AITUC (1) Allowances (167) Annual Income (1) Anomalies (17) APARs (4) ARC (1) Armed Forces (10) Armed Forces Hospitals (1) Army Pay Commission (9) Arrears (25) Asset Declaration (11) ATM (2) Attendance (1) Axis Bank (1) Bank Employees Salary (16) Bank Employees Strike (13) Bank Pensioners (1) Banking (5) Banks (11) Bechmark (1) Bengaluru (1) Bharat Ratna (1) Bihar News (1) Birth / Death Certificate (1) Black Money (2) Bonus (58) BPMS (11) BSNL (16) Budget (33) Bunching (10) Cabinet Approval (6) Cadre Review (16) Canteens (2) CAPF (1) Cash Transactions (3) Cashless State (2) Cashless Transaction (1) Caste (1) CASTE CERTIFICATE (1) Casual Labour (13) CAT (5) CBDT (2) CBI (2) CBSE (3) CCAS Cadre (1) CCS Rules (21) Central Armed Forces (1) Central Civil Pension (1) Central Excise Officers (2) Central Government Employees (118) Central Government Examination (3) Central Secretariat (2) Certificate (2) CGA Organization (1) CGEGIS (7) CGHS (26) CGHS Contribution (4) CGHS Hospitals (6) Charge Sheet (1) Chief Justice (1) Child Care Leave (7) Children Education Allowance (14) CITU (1) Civil Servant (2) Clarifications (27) Commemorative Coin (1) Commutation (1) Comparison (7) Compassionate Appointment (5) Compulsory Retirement (1) Computer Advance (3) Conduct Rules (1) Confederation (13) Consumer Price Index (3) Contract Labour (6) Corruption (3) Court Orders (1) CPGRAMS (1) CPI (1) CPMA (1) CPSE (3) Credit Card (2) CSD Chennai (1) CTET (1) CTU (1) Customs (1) CVC (1) DA Merger (3) DA News & Orders (100) DA Orders (11) Dearness Relief (12) Death Benefits (3) Death Claim (1) Debit Card (4) Defence (38) Delay Salary Hike (6) Demonetisation (28) Dental Clinic (1) DEPARTMENT OF EXPENDITURE (3) Department of Personnel & Training (6) Department of Posts (13) Department of Revenue (2) Department of Telecommunication (2) Deposit Scheme (1) Deputation (7) Dharna (2) Digital India (3) Digital Payment (19) Direct Benefit Transfer Scheme (2) Directorate of Estates (2) Disability Pension (6) Disabled person (6) Disadvantages (2) Discontinuation of Interview (1) DOP Orders (1) DoPT (69) Dress Allowances (1) e-PPO (1) e-Service Book (1) Earned Leave (1) ECHS (1) ECHS Smart Card (1) EFPO (1) Election 2016 (2) Election Holiday (6) Employment News (15) Empowered Committee (27) Entry Level Pay (2) EPF (14) EPFO (14) Equal Work Equal Pay (2) ESIC (2) Ex-India Leave (1) Ex-Servicemen (15) Expectations (1) Expenses (1) Facebook (2) Fake News (3) Family Pension (13) Family Planning Allowance (1) FAQ (4) Federations (2) Finance Ministry (33) Financial Impact (7) Fire Engine driver (1) Fitment Factor (15) Fixed Medical Allowances (1) Foreign Tour (1) Forest Protection (1) Fraud Cases (1) Fund for Pay Commission (2) Fund Transfer (1) GAAR (1) Gas Subsidy (1) Gazette Notification (18) GDP (1) GDS (26) GeM Portal (1) General (97) Global Economy (1) Gold Deposit (2) Gold Rate (1) Governance (1) Government Doctors (12) Government Jobs (20) Government of India (1) Government Offices (2) Government Policies (1) Government Service (2) GPF (16) GPRA (1) Grade Pay (28) Gratuity (10) Greetings (1) Gross Pay (1) Group A Officers (2) Group B and C (3) Group D (1) GST (17) Guidelines (5) Gujarat Government (1) Hackers (1) HBA (1) HDFC (1) Health Camp (1) High Court (4) High Level Committee (4) High lights on 7th Pay commission (1) Higher Education (1) Higher Grade Pay (2) Holiday Homes (2) Holidays (11) Home Minister (1) Hospitality (1) House Building Advance (2) HRA (42) HRD Ministry (1) IAS (9) Immovable Property Return (1) Implementation (142) Incentive (6) income (1) Income Tax (88) Increment (31) India Post (3) Indian Banks Association (1) Indian Economy (4) Indian Institute of Legal Metrology (1) Indian Navy (3) Indian Rupees (12) Injustice (1) Insurance (3) Intellectual Property (1) Interest Rate (4) Interim Relief (5) Invest Money (6) IoFS (1) IPR (2) IPS (7) IRCTC (4) IRTSA (1) IT Department Officials (1) J&K (5) Jan Dhan Accounts (2) JCM (17) Jeevan Pramaan (2) Job Portal (2) Joint declaration form (1) Joint Secretary (1) Karnataka (1) Kendriya Vidyalaya (17) Kendriya Vihar (1) Kerala Pay Commission (6) Krishi Kalyan cess (1) KVS (5) KYC (1) Lay off (1) LDC Clerk (1) Leave (7) LED (1) Level of Rank (2) Level Rank (1) LIC (5) Life Certificate for Pensioners (2) Loan (4) Loco Inspectors (1) Lok Sabha (24) Lokpal and Lokayuktas (4) LPG (3) LPG Subsidy (3) LTC (33) MACP (46) Maharashtra Government (1) Make in India (1) Maternity Leave (19) Matrix Calculator (3) Matrix Table (9) Maximum wage (3) Medical Allowances (3) Medical Examination (1) Medical Reimbursement (3) Memorandum (1) Military Forces (5) Minimum Wage (46) Ministry of Health & Family Welfare (1) Ministry of Home Affairs (1) Ministry of Labour & Employment (1) Ministry of Personnel (1) Ministry of Urban Development (2) Ministry of Women and Child Development (1) MLCs (1) MP Salaries (10) MTNL (1) MTS (3) Mutual Transfer (1) National Anthem (1) National Pension Scheme (9) National Sports Awards (1) NEET (2) Net Pay (1) New Pension Scheme (11) NFIR Union (34) NFS (1) Night Duty Allowance (1) NJCA (42) NMC (4) NOC (2) Non Payment of Salary (1) Non Practicing Allowance (2) Not Effective (1) Notification (8) NPS (45) OBC (5) Officiating Allowances (3) Old Pension Scheme (1) Olympics (1) OROP (48) OTA (3) Overtime Allowance (4) PAN (8) Paramilitary (1) Parliament March (1) Passport (3) Pay and Allowances (1) Pay Band (6) Pay Commission (417) Pay Commission Deffered (1) Pay Commission News (386) Pay Commission Orders (1) Pay Commission Report (23) Pay Commission Report Submission (8) Pay Commission Revealed (1) Pay Fixation (22) Pay Matrix (24) Pay Revision (12) Pay Scale (4) Payment Bank (6) Payment of Salary (9) Pension (186) Pensioner Portal (3) Pensioners Federations (1) Performance Based (3) Periodical Review (1) Permanent Commission (1) Petrol (1) PF deduction (1) PF Withdrawal (1) PFMS (1) PFRDA (11) PG Portal (1) PIB (23) PLB Bonus (5) PMGKD Scheme (1) PMO (1) POBR (1) Political Parties (1) POSB Rate of Interest (2) Post Graduate (1) Post Offices (2) Postal JCA (3) Postmen Staffs (1) PPF (4) Pre-Retirement (4) President (1) President Salary (1) Private School (2) Promote Hindi (1) Promotion (12) Protest Programme (2) Provident Fund (2) Provisional Certificate (1) Public Grievances (1) PWD (1) Rail Fare (4) Railway (215) Railway Tatkal (2) Rajya Sabha (8) RBI (47) Re-Employment (2) Ready Reckoner (37) Recommendations (52) Recovery (1) Recruitment (29) Reservation Chart (1) Resignation (1) Retirement (23) Retirement Age (18) Review Committee (3) Revised Pay Rules 2016 (12) Revision of Pension (8) RIO Olympic 2016 (7) Road Toll Tax (1) Rotational Transfer (2) RTI (13) Rupees (1) SAARC (1) Salaries of MLAs (2) Salary (1) Salary Advance (4) Salary Hike in Pay Commission (38) Savings (4) SBI (13) SC/ST Employees (5) Scholarship (1) SCOVA (9) Secretariat (3) Secretaries (1) Senior Citizen (2) Seniority (1) Service Charges (2) Service Tax (4) Seventh Pay Commission Calculator (26) Sexual Harassment (12) Small Savings (4) Smart Cities (1) Social Media (2) SPARROW (1) Spcial Casual Leave (1) Special Benefits (2) Special Casual Leave (1) Sports (10) SSC (9) Standard Operating Procedure (1) State Pay Commission (52) strike (117) Study Leave (1) Supreme Court (8) Survey (1) Suspension (1) Swachh Bharat Campaign (4) TA (1) TA allowances (2) Take Home (1) Tamil Nadu (4) Tax Payers (3) TDS (6) Teacher (2) Telangana Government (2) Tour Allowance (1) Tourism (1) Trade Union (9) Transport Allowance (2) Travelling Allowances (7) UIDAI (1) under Performers (1) Union News (42) UPSC (4) Uttar Pradesh (1) Vacant Posts (1) Vacation (1) Vigilance (4) VRS (2) Wage Hike (6) Welfare (4) West Bengal (5) Whatsapp (1) Wholesale Price Index (1) Working Hours (1) Workshop (1) World Cup (1) WOS Currency Notes (10)