How to raise an equal-pay complaint in India: evidence, employer questions and labour routes
A practical guide to gender-based wage discrimination under the Code on Wages, what to document, how to raise a concern and where to seek case-specific help.
In this guide
First identify the pay issue you want reviewed
A national or workplace gender pay gap describes a broad pattern. A legal wage complaint asks a narrower question about an employee, employer, work and pay circumstances.
The Code focuses on gender discrimination in wages for same or similar work
Section 3 of the Code on Wages, 2019 addresses discrimination on the ground of gender in wages by the same employer for the same work or work of a similar nature. Whether two jobs are legally the same or similar depends on the work and the relevant process; matching job titles alone may not answer it.
Recruitment and employment conditions are also covered
Section 3 also restricts sex-based discrimination in recruitment for the same or similar work and in employment conditions, subject to a legal exception where women’s employment in that work is prohibited or restricted by law. The law does not require an employer to reduce another employee’s wage to comply.
Compare like with like before drawing a conclusion
Consider the employer, role, actual duties, responsibility, skill, hours, location, grade, experience, performance criteria and pay period. Differences may have an explanation, but gender should not determine wages for same or similar work; an authority can assess a disputed comparison.
Know the current legal start date
The Government states that the Code on Wages and the other Labour Codes took effect on 21 November 2025. Labour administration and the authority notified for a dispute can depend on the appropriate government and current rules, so verify the route that applies to your employer and location.
Keep a careful record of the work and pay facts
You do not need to obtain another employee’s confidential payroll file. Preserve records you are authorised to access and write down the comparison you are asking the employer or authority to examine.
Save your own employment and pay documents
Keep appointment letters, job descriptions, pay slips, wage statements, appraisal records, attendance or hours records, grade and promotion letters, and communications about pay. Store copies somewhere safe and lawful.
Write a dated comparison of duties
Describe tasks, responsibility, required skills, supervision, hours and work conditions for your role and the comparator role. Explain how you know the comparator’s information and distinguish direct evidence from an assumption.
Note the pay components and period
Record the wage or remuneration figure, pay period and components that are visible to you, such as fixed pay, allowances or incentives. Ask the authority or adviser which amounts matter under the Code rather than comparing two unexplained headline numbers.
Protect coworkers’ privacy and your own safety
Do not take restricted personnel files, access accounts without permission or publish someone else’s salary information. If you fear retaliation or device monitoring, keep a discreet record and seek advice before raising the matter.
| Question | My information | Evidence or follow-up |
|---|---|---|
| Same employer and pay period? | ||
| What duties and responsibilities are comparable? | ||
| Which wage components differ? | ||
| What response or review do I request? |
Raise the question in a clear, documented way
A first written question can seek the wage basis and an impartial review without making claims you cannot yet support. Choose a channel that is safe for you.
Ask for the pay band and criteria
You might ask HR or the employer to explain the role’s grade, pay band, starting-pay method, progression criteria and the reason for a difference. Keep the request focused on the work and decision you want reviewed.
Request a comparison or correction review
State the roles, duties, pay period and records you can provide. Ask who will assess whether the work is same or similar, when you can expect a response and whether a written outcome will be given.
Keep a copy of each communication
Save the date, recipient, documents attached and response. After a meeting, send a short neutral note of what was discussed and agreed, if doing so is safe.
Do not sign a release or resign under pressure
If the employer asks you to accept a settlement, change role or resign, ask for time to read the document and independent advice. The effect depends on the wording and facts; do not rely on a general online template for a legal waiver.
Use the labour authority or legal-support route if needed
Section 4 provides for disputes about whether work is of the same or similar nature to be decided by an authority notified by the appropriate government. Confirm the current filing route, required form and deadline in your jurisdiction.
Identify the appropriate labour department
Check the State or Union Territory labour department, or the Central labour authority if it is the appropriate government for the establishment. Ask which authority handles a Section 3 or Section 4 wage-discrimination complaint and what process currently applies.
Prepare a concise complaint packet
Include your identity and contact preference, employer and worksite details, role and duties, pay periods, the comparison you request, copies of relevant records and a chronology of your earlier questions. Keep originals and submit copies unless instructed otherwise.
Ask for a receipt and keep every case number
Record the date and filing channel, save the acknowledgement and ask what happens next, whether a hearing or additional evidence is required, and how to report retaliation or a change in contact safety.
Get legal help for a disputed or high-risk case
A lawyer or a District Legal Services Authority can help assess evidence, process and options. The Legal Services Authorities Act provides legal-services eligibility categories; ask NALSA or the local authority whether you qualify and what assistance is available.
Questions women ask about equal-pay complaints
Is every pay gap between a man and a woman illegal?
Not automatically. The Code’s gender-wage rule concerns the same employer and the same work or work of a similar nature. A broader pay gap may reveal a pattern but does not by itself decide an individual legal claim.
Do job titles have to match?
The legal question is about the nature of work, not only the title. Duties, responsibility and other facts may matter; Section 4 assigns a same-or-similar-work dispute to the authority notified by the appropriate government.
Can I complain if I am a contractor or platform worker?
Your status, employer relationship, establishment and applicable provisions matter. Keep your contract and payment records and get case-specific advice before assuming which wage route applies.
Will a complaint guarantee back pay or prevent retaliation?
No guide can promise an outcome. Ask the authority or adviser what remedy and protection may apply to your facts, and document any change in shifts, duties, evaluation or employment after raising a concern.
What can a coworker or union do?
They can help you understand pay structures, preserve lawful evidence, accompany you or identify representation if you want that support. Do not share another worker’s private records without permission.
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Sources and publication record
Draft prepared 25 September 2026; project-team editorial review pending · Sources checked .
- Code on Wages, 2019India Code, Legislative Department
- Government record: four Labour Codes effective from 21 November 2025Press Information Bureau, Ministry of Labour and Employment
- Legal Services Authorities Act, 1987India Code, Legislative Department
- Free legal services and National Legal Aid Helpline 15100National Legal Services Authority