Temporary employees to be paid at par with regular workers - Supreme Court
NEW DELHI: In a big relief to lakhs of temporary employees who have been hired by government departments and agencies across the country on a contractual basis, the Supreme Court on Wednesday held that they are entitled to wages at par with permanent employees, and the principle of "equal pay for equal work" must be followed.
A bench of Justices JS Khehar and SA Bobde said the principle of "equal pay for equal work" constitutes a clear and unambiguous right vested in every employee whether engaged on a regular or temporary basis.
"In our considered view, it is fallacious to determine artificial parameters to deny the fruits of labor. An employee engaged for the same work cannot be paid less than another who performs the same duties and responsibilities. Certainly not, in a welfare state. Such action, besides being demeaning, strikes at the very foundation of human dignity," the bench said.
The bench said the principle had been expounded through a large number of judgments rendered by the apex court and constitutes law declared by the Supreme Court.
"Anyone who is compelled to work at a lesser wage does not do so voluntarily. They do so to provide food and shelter for their family, at the cost of their self-respect and dignity, at the cost of their self-worth, and at the cost of their integrity. For they know that their dependents would suffer immensely if they do not accept the lesser wage," Justice Khehar, who wrote the judgment, said.
"Any act of paying less wages, as compared to others similarly situated, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive, and coercive, as it compels involuntary subjugation," he said.
The court passed the verdict on a bunch of petitions filed by temporary employees working for the state of Punjab seeking wage parity with regular employees. They approached the apex court after the Punjab and Haryana High Court held that temporary employees were not entitled to the minimum of the regular pay scale, merely for the reason that the activities carried on by them and the regular employees were similar.
Setting aside the HC order, the apex court held that the principle of equal pay for equal work must be followed in the country as India was a signatory to the International Covenant on Economic, Social, and Cultural Rights.
"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," it said.
"India is a signatory to the covenant, having ratified the same on April 10, 1979. There is no escape from the above obligation, in view of the different provisions of the Constitution and in view of the law declared by this court under Article 141 of the Constitution of India. The principle of 'equal pay for equal work' constitutes a clear and unambiguous right and is vested in every employee - whether engaged on a regular or temporary basis," it said.
Refer - [Temporary employee to be paid at par with regular worker: SC - The Economic Times](http://economictimes.indiatimes.com/news/politics-and-nation/temporary-employee-to-be-paid-at-par-with-regular-worker-sc/articleshow/55075562.cms)
Regards,
Nanjegowda
9945282846
From India, Bangalore
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106NEW DELHI: In a big relief to lakhs of temporary employees who have been hired by government departments and agencies across the country on a contractual basis, the Supreme Court on Wednesday held that they are entitled to wages at par with permanent employees, and the principle of "equal pay for equal work" must be followed.
A bench of Justices JS Khehar and SA Bobde said the principle of "equal pay for equal work" constitutes a clear and unambiguous right vested in every employee whether engaged on a regular or temporary basis.
"In our considered view, it is fallacious to determine artificial parameters to deny the fruits of labor. An employee engaged for the same work cannot be paid less than another who performs the same duties and responsibilities. Certainly not, in a welfare state. Such action, besides being demeaning, strikes at the very foundation of human dignity," the bench said.
The bench said the principle had been expounded through a large number of judgments rendered by the apex court and constitutes law declared by the Supreme Court.
"Anyone who is compelled to work at a lesser wage does not do so voluntarily. They do so to provide food and shelter for their family, at the cost of their self-respect and dignity, at the cost of their self-worth, and at the cost of their integrity. For they know that their dependents would suffer immensely if they do not accept the lesser wage," Justice Khehar, who wrote the judgment, said.
"Any act of paying less wages, as compared to others similarly situated, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive, and coercive, as it compels involuntary subjugation," he said.
The court passed the verdict on a bunch of petitions filed by temporary employees working for the state of Punjab seeking wage parity with regular employees. They approached the apex court after the Punjab and Haryana High Court held that temporary employees were not entitled to the minimum of the regular pay scale, merely for the reason that the activities carried on by them and the regular employees were similar.
Setting aside the HC order, the apex court held that the principle of equal pay for equal work must be followed in the country as India was a signatory to the International Covenant on Economic, Social, and Cultural Rights.
"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," it said.
"India is a signatory to the covenant, having ratified the same on April 10, 1979. There is no escape from the above obligation, in view of the different provisions of the Constitution and in view of the law declared by this court under Article 141 of the Constitution of India. The principle of 'equal pay for equal work' constitutes a clear and unambiguous right and is vested in every employee - whether engaged on a regular or temporary basis," it said.
Refer - [Temporary employee to be paid at par with regular worker: SC - The Economic Times](http://economictimes.indiatimes.com/news/politics-and-nation/temporary-employee-to-be-paid-at-par-with-regular-worker-sc/articleshow/55075562.cms)
Regards,
Nanjegowda
9945282846
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Nanjegowda,
Thank you for your query. The Supreme Court ruling you've referred to is indeed a significant decision that has far-reaching implications for temporary or contractual employees in India. Below is a breakdown of what this means and how it should be implemented:
1. 🎼 Equal Pay for Equal Work: This ruling reinforces the principle of 'equal pay for equal work'. This means that if a temporary employee is doing the same work as a permanent one, they must receive the same wage. In the context of your organization, you should review the pay scales of all temporary and contractual employees and adjust them to match those of permanent employees in similar roles.
2. 🔍 Review of Contracts: The contracts of temporary or contractual employees should be reviewed. If there are discrepancies in the pay scale, the contracts should be revised accordingly. This should be done as soon as possible to adhere to the law.
3. 📊 Government Departments and Agencies: As the ruling specifically mentions government departments and agencies, they are required to comply immediately. If you are a part of such an organization, it's advised to implement this change promptly.
4. 💪🏽 Documentation: Ensure that all changes are properly documented. This includes revised contracts, proof of revised wage scales, etc. This will serve as evidence of your organization's compliance with the law.
5. 🙈 Implementation: Once the above steps are in place, it's important to effectively communicate these changes to the employees. They should be made aware of their revised wages and the reason behind the change.
Remember, this ruling is based on the premise that everyone has a right to equal pay for equal work, regardless of their employment status. Non-compliance can lead to legal repercussions. Therefore, it's critical to act swiftly and justly in this matter.
As this is a legal issue, it's always a good idea to consult with a legal professional or a labor law expert to ensure full compliance with the ruling.
🕰️ For more information, you can refer to the Supreme Court ruling itself, which you've linked in your question.
I hope this information is helpful. Let me know if you have further questions or need more assistance.
From India, Gurugram
Acknowledge(0)Amend(0)
Thank you for your query. The Supreme Court ruling you've referred to is indeed a significant decision that has far-reaching implications for temporary or contractual employees in India. Below is a breakdown of what this means and how it should be implemented:
1. 🎼 Equal Pay for Equal Work: This ruling reinforces the principle of 'equal pay for equal work'. This means that if a temporary employee is doing the same work as a permanent one, they must receive the same wage. In the context of your organization, you should review the pay scales of all temporary and contractual employees and adjust them to match those of permanent employees in similar roles.
2. 🔍 Review of Contracts: The contracts of temporary or contractual employees should be reviewed. If there are discrepancies in the pay scale, the contracts should be revised accordingly. This should be done as soon as possible to adhere to the law.
3. 📊 Government Departments and Agencies: As the ruling specifically mentions government departments and agencies, they are required to comply immediately. If you are a part of such an organization, it's advised to implement this change promptly.
4. 💪🏽 Documentation: Ensure that all changes are properly documented. This includes revised contracts, proof of revised wage scales, etc. This will serve as evidence of your organization's compliance with the law.
5. 🙈 Implementation: Once the above steps are in place, it's important to effectively communicate these changes to the employees. They should be made aware of their revised wages and the reason behind the change.
Remember, this ruling is based on the premise that everyone has a right to equal pay for equal work, regardless of their employment status. Non-compliance can lead to legal repercussions. Therefore, it's critical to act swiftly and justly in this matter.
As this is a legal issue, it's always a good idea to consult with a legal professional or a labor law expert to ensure full compliance with the ruling.
🕰️ For more information, you can refer to the Supreme Court ruling itself, which you've linked in your question.
I hope this information is helpful. Let me know if you have further questions or need more assistance.
From India, Gurugram
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Equal pay for equal work for temporary employees as well - SC 26.10.2016.pdf
Khushboo vs Kanniammal - Supreme Court Judgment - A Perspective.doc