Some companies, including the public sector of state governments, that are registered under the Companies Act, appoint new employees to vacant positions of regular employees or positions sanctioned under the regular establishment and provide them with a fixed salary for up to 2-3 years. I want to know if this practice violates labor laws or not. Does it breach the rules of equal pay for equal work?
From India, Poona
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From India, Poona
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According to the Supreme Court of India, although equal pay for equal work is not a fundamental right, it is a constitutional goal capable of being achieved through constitutional remedies [Randhir Singh v. Union of India (1982) I LLJ 344 (SC)]. The same Apex Court rejected the claim of daily wagers for pay on par with persons holding regular similar posts in Government service on the ground of dissimilarity in their recruitment [State of Haryana v. Surinder Kumar - (1998) II LLJ 516 (SC)].
So, there are many judgments on the principle of equal pay for equal work, either holding it capable of implementation or otherwise, depending upon the facts of each case. The post may be a regular one. But when it is filled up on a contract basis for a fixed period of time or on an ad hoc basis till the joining of a regular incumbent, the principle cannot be applied as it is purely a temporary arrangement lasting for only a predetermined period of tenure.
From India, Salem
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6108So, there are many judgments on the principle of equal pay for equal work, either holding it capable of implementation or otherwise, depending upon the facts of each case. The post may be a regular one. But when it is filled up on a contract basis for a fixed period of time or on an ad hoc basis till the joining of a regular incumbent, the principle cannot be applied as it is purely a temporary arrangement lasting for only a predetermined period of tenure.
From India, Salem
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Equal pay for Equal work - casual workers.pdf