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Fair Pay Towards Sustainable Growth – Evaluating The Code On Wages, 2019’s Capacity To Close The Gender Pay Gap In India




Varsha Arun, School of Law, CHRIST (Deemed to be University), Bangalore.


ABSTRACT


The paper critically reviews the Code on Wages, 2019 that was implemented in India with the view to evaluating the potential of the document to eliminate the gender pay gap and promote sustainable development based on fair wage policies. The paper uses the doctrinal research methodology to examine statutory provisions, judicial precedents, constitutional foundations and international labour standards to place the Code in the larger context of labour law reforms in India and their alignment with the Sustainable Development Goals 5, 8, and 10. It assesses the innovations of the Code, including its universality and establishment of national floor wage, but at the same time points out its less prominent problems, including the ambiguity of interpretation and fragmentation of its implementation and insufficient coverage of the informal sector. In comparison to the previous enactments and international good practices, it can be noted that in as much as the Code marks a legislative step forward, it is still faced with conceptual limitation and enforcement challenges especially in the areas of gender equity and intersectionality. Finally, the study, concludes that to attain the possibility of equitable compensation and sustainable development, it is necessary not only to introduce new statutes and strengthen the institutions, but also to provide the attainment of equitable policies in relation to gender, the presence of effective control and monitoring mechanisms, and the continuous critical analysis of the legal and social-economic conditions that define wage inequality in India.


Keywords: Gender Pay Gap, Code on Wages 2019, Wage Equity, Sustainable Economic Growth, Substantive Equality, Pay Transparency.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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