Unequal pay - can I file case for discrimination? - CiteHR
Stephen_7
Senior Officer - Hr
Renu_aranha
Research Analyst

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Hi, I have done mba in finance and when i applied for a job interview i applied for the post of data analyst and i got the job as data analyst but as soon as i joined the company i came to know that the company is hiring for research analyst with same qualification as mba finance. So i was very upset regarding this because other people was hired with higher package as in reserach analyst. So i took the matter to hr and she promised me that she will look into the matter and be positive.

So after waiting for a while the company gave me the post of research analyst. But now when i am asking them to increase my package according to the designation level, they are not willing to do. The job of research analyst is much more superior and is very stressful but i get only a package for data analyst. the analyst who joined after me are getting higher package than me. I feel very discriminated because i m doing the same job they do. Can i file a case against company for treating me unequally?
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Hi,
As per equal remuneration act, you are supposed to get same salary for the same work. Dont go and file case against company. It will definitely spoil the relationship with your company. They will keep monitoring you to try to sack you legally. So, better is to educate your hr as per the above act. You can download that act in the below act.
http://pblabour.gov.in <link fixed>
After this discussion also, if they don't revise your package and pay back the arrears, you can raise an industrial dispute with your regional labor officer.
Thanks and All the best
Thank you so much for taking time to help me:)

I also want to clarify some other points.. My company also have a policy where we are not allowed to discuss about our package with our colleagues and if we do that then its against company policy and the employees can be terminated..so is it really applicable legally?

I have joined this company very recently and its going to be 3 months. When i joined the company as data analyst in january 2015. I was hired for the post of data analyst. They were looking for mba for this post when i applied but after joining the company i saw that other people who are hired for the post of data analyst were only graduates and then i got the news that company is hiring mba in finance for the post of research analyst. I went and spoke to the hr and she said that i will be going to get something bigger in my plate so i was told to wait patiently. So i stayed in the company thinking they will do something for me. So now in march 1st week they promoted me for the post of Research analyst. I was expecting that they will also give me the hike in package. One of my friend who recently joined the company for the research analyst post is getting paid more than me and she has not completed her mba. She is in the 2nd year. So i dont understand why the company is so discriminative towards me. Some 2 days before when i asked the Hr about the hike,then she clearly said that they can also demote me because i was hired for the post of Data Analyst and its company's favour towards me that i have been placed for the post of research analyst. So i was totally shattered as what to speak?

I also got some news from my seniors that before the company was only hiring cfa level 1 for the post of research analyst and mba finance for data analyst and recently company has changed its decision as they are also taking mba finance for the post of research analyst and b com for the post of data analyst. so the people who have joined after me got lucky. People who were already hired for the post of data analyst with mba finance have been promoted to the post of research analyst. There are some employees who were working since long time like 1 year also been placed for the post of research analyst including me.

So after a detail description do you think the company is really favouring me or just cheating me by not hiking my package for that post according to industry standards.

I really want to fight for this because i dont want to get discriminated like this and hr is sweet in talking but she is only thinking for the company and not for the employees. i feel like slave who have been hired with cheating and paying only peanuts. I am not begging to company but i am only asking what i deserve for the post according to industry standards.

Please help me with some points which i should raise to hr.

Thank you again for helping me.
I dont think disclosing the salary details to others is legally wrong. Company cannot terminate someone for disclosing their salary details to others. But to avoid differences and unnecessary internal issues, they wanted to bring this discipline to not disclose salary details to others.

As per payment of wages act 1936, company is supposed to paste wage details of employees in the notice board through form VI mentioning that the class of work and average rate of wages.

If they send you back to data analyst, because you have been recruited for that post, you may need to adjust with that salary only. You have accepted that offer and joined the company.

So, don't be in hurry. Prove your exceptional performance than some other colleagues who have not completed MBA. It will definitely pay you. I advise you to wait for at least 3 months as research analyst and make your base strong and demand the equal pay. They will be forced to pay it with your back wages.

The colleagues who have been transferred from data analyst to research analyst with you, have got revised salary? If they got, you will also get it. Otherwise they may be working on financials and other things to revise all your salary.

This transfer has happened in just 2 weeks back. We cannot come to a conclusion that company might be cheating you. For you, you have only one subject to think, which is your salary. But for company, they have several things to consider for completing the process.

Donít think that you are a slave or whatsoever. Trust in your efficiency, which will pay you back. If you are thinking that this company is treating you as slave, you can search for another job and leave. To get what you deserve as per Industry standards, you have to provide sufficient time (maximum 90 days) for them to work on it. If you go through legal proceedings, the complaint registration itself takes 1 to 2 months at Labour office and only 2 conciliation meetings will happen a month. Completing the case at Labour office may take one year. If no conclusion arrives, you may go for appeal to labour court, then high court etc., So, better is to solve the issue internally. Even after 3 months, if they didnít pay you back, you can proceed legally.
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