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Equal pay for equal work in private companies
11-Oct-2023 (In Labour & Service Law)
i am Egyptian working in an Indian company in Egypt , The company was directly hiring employees then started to outsource them with less salary doing the same exact job violating 1-Indian Law (THE CONTRACT LABOUR (REGULATION ANDABOLITION) 25-v- (in cases where the workman 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 So 1-Is it possible to prosecute that Indian company in India by Egyptian citizen? 2-If yes so what documents needed to confirm that violation and can I give authorization to Indian lawyer through embassy in Egypt? 3-How long it will take for the case to be started and sentenced? 4-How much cost
In recent years, courts in India have refrained from applying this principle unless there is ‘complete and wholesale identity between the two groups.’
For the same reason, in S.C.Chandra v State of Jharkhand, (2007) SCC 279, the Supreme Court held a different approach by stating as follows:
Article 39(d) does not mean that all the teachers working in the school should be equated with the clerks in BCCL or the Government of Jharkhand for application of the principle of equal pay for equal work.
For the same reason, in S.C.Chandra v State of Jharkhand, (2007) SCC 279, the Supreme Court held a different approach by stating as follows:
Article 39(d) does not mean that all the teachers working in the school should be equated with the clerks in BCCL or the Government of Jharkhand for application of the principle of equal pay for equal work.
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Adv. Siddhant Sharma
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