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      Question

      Under Section 3 of the Code on Wages, 2019, which deals

      with equal remuneration, what is the key obligation imposed on employers?
      A Employers must pay equal wages to all employees regardless of their designation or qualification Correct Answer Incorrect Answer
      B Employers must not discriminate in wages and recruitment on grounds of gender for the same work or work of similar nature Correct Answer Incorrect Answer
      C Employers must ensure that wages of women are always at least 10% higher than men for the same work Correct Answer Incorrect Answer
      D Employers must form a Gender Pay Equity Committee to review wage structures annually Correct Answer Incorrect Answer

      Solution

      Section 3 of the Code on Wages, 2019 re-enacts the provisions of the now-repealed Equal Remuneration Act, 1976, with expanded scope. It mandates that no employer shall pay to an employee at a rate less than the rate at which remuneration is paid to another employee of the opposite sex for performing the same work or work of a similar nature. Importantly, Section 3 also prohibits gender-based discrimination in recruitment for the same or similar work a significant extension beyond mere wage equality. The expression "work of a similar nature" means work in respect of which the skill, effort, experience, and responsibility required are the same. An employer cannot reduce wages of any existing employee to comply with this provision the correction must be upward. Any contravention is a cognisable offence and can attract prosecution under the penalty provisions of the Code.

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