al harassment online during the course of your employment, you may file a complaint with the Internal Complaints Committee constituted by your employer. Your employer is legally mandated to receive and inquire into your complaint. Section 9 of the POSH Act pro vides for the manner in which a complaint may be made by a woman aggrieved by sexual harassment at the workplace. Rights of Persons with Disabilities Act, 2016(“the RPWD Act”) 33 The RPWD Act, 2016 enumerates and protects the rights of persons with disabilities in India. The law mandates employers to make reasonable accommodations for employees with disabilities. These accommodations extend to digital workplaces. Your employer is also required to notify an equal opportunity policy detailing measures proposed to be taken by them in pursuance of compliance with the RPWD Act, 2016(Section 21 of the RPWD Act, 2016 And Rule 8 of the RPWD rules, 2017) 34 . Rule 15 also provides for compliances to make Information and Communication Technology accessible to persons with disabilities. Labour Codes India has four consolidated legislations governing labour. They are listed below: Code on Wages, 2019(“the Wage Code”) 35 The Wage Code unifies Indian law on universal minimum wages, mandates equal pay for equal work, ensuring timely payments and requires overtime pay at double the normal rate. The mandate to ensure equal pay for equal work extends to employers using AI, creating a requirement for employers to ensure that the automated decision-making systems that they use are free of bias and that people belonging to all genders receive equal pay for equal work.(Section 3). Further, Article 14 of the Indian Constitution guarantees the Right to Equality against the State. The right to equality also includes the right to equal pay for equal work 36 . The Supreme Court of India has held that the party who claims equal pay for equal work has to make necessary averments and prove that all things are equal and still there was a difference in pay 37 , as the burden of establishing right and parity in employment is on the person claiming such right 38 . Hence, while raising a claim of unequal pay, workers must produce proof to the effect that the work done by the claimant was the same as others, that there are similar responsibilities, qualifications and recruitment method, but that wages or salary are differing. → Section 3 Prohibition of discrimination on ground of gender:(1) There shall be no discrimination in an establishment or any unit thereof among employees on the ground of gender in matters relating to wages by the same employer, in respect of the same work or work of a similar nature done by any employee Industrial Relations Code, 2020 39 (“the IR Code”) The IR Code consolidates laws relating to Trade Unions, conditions of employment in industrial establishments or undertakings, and investigation and settlement of industrial disputes. The IR Code also mandates for‘standing orders’ to be issued by the employers in all industrial establishments employing three hundred or more workers, based on the model standing orders notified by the Central Government. Standing orders are the rules defining the conditions of work of employees. As per the first Schedule to the IR Code, the standing orders must cover the following aspects: 1. Classification of workers, whether permanent, temporary, apprentices, probationers, or those on fixed term employment; 2. Manner of intimating to workers periods and hours of work, holidays, pay-days and wage rates; 33 https://cdnbbsr.s3waas.gov.in/s36ee69d3769e832ec77c9584e0b7ba112/uploads/2025/03/202503251422104079.pdf 34 https://upload.indiacode.nic.in/showfile?actid=AC_CEN_25_54_00002_201649_1517807328299&type=rule&filename=Rules_notified_15.06.pdf 35 https://www.indiacode.nic.in/bitstream/123456789/15793/1/aA2019-29.pdf 36 State Of Madhya Pradesh and Another vs Pramod Bhartiya and Others, AIR 1993 SC 286. 37 State Of Punjab& Anr vs Surjit Singh& Ors, CIVIL APPEAL NO. 1976 OF 2003. 38 SAIL v. Dibyendu Bhattacharya,(2011) 11 SCC 122 39 https://www.indiacode.nic.in/bitstream/123456789/22040/1/A2020-35.pdf 14 Friedrich-Ebert-Stiftung e. V.
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