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that it recommends jobs to be classified according to the nature of the work rather than who is performing the work women and men participated in protests calling the government to fix the 1951 convention and make equal pay the law in australia 12 industrial action in some industries set a precedent for change such as the national granting of equal pay for hotel workers in 1968 by the federal arbitration commission following stop work meetings and a coordinated strike the previous year 13 in 1969 there was a case brought to the acac by the australasian meat industry employees union against the meat and allied trades federation workers argued for equal pay for every employee and the ruling of the commission was that the general female award minimum wage at 85 per cent of the male wage this decision helped equal pay for women who were working the same job that traditionally the men would do but all the other women got the 85 per cent in 1972 the decision was reassessed and rules that either women or men who are working at a similar job that has a similar value are eligible for the same working rate 14 under australia s old centralised wage fixing system equal pay for work of equal value by women was introduced in 1969 anti discrimination on the basis of sex was legislated in 1984 15 canada edit in canadian usage the terms pay equity and pay equality are used somewhat differently from in other countries the two terms refer to distinctly separate legal concepts pay equality or equal pay for equal work refers to the requirement that men and women be paid the same if performing the same job in the same organization for example a female electrician must be paid the same as a male electrician in the same organization reasonable differences are permitted if due to seniority or merit pay equality is required by law in each of canada s 14 legislative jurisdictions ten provinces three territories and the federal government note that federal legislation applies only to those employers in certain federally regulated industries such as banks broadcasters and airlines to name a few for most employers the relevant legislation is that of the respective province or territory for federally regulated employers pay equality is guaranteed under the canadian human rights act 16 in ontario pay equality is required under the ontario employment standards act 17 failed verification every canadian jurisdiction has similar legislation although the name of the law will vary in contrast pay equity in the canadian context means that male dominated occupations and female dominated occupations of comparable value must be paid the same if within the same employer the canadian term pay equity is referred to as comparable worth in the us for example if an organization s nurses and electricians are deemed to have jobs of equal importance they must be paid the same one way of distinguishing the concepts is to note that pay equality addresses the rights of women employees as individuals whereas pay equity addresses the rights of female dominated occupations as groups certain canadian jurisdictions have pay equity legislation while others do not hence the necessity of distinguishing between pay equity and pay equality in canadian usage for example in ontario pay equality is guaranteed through the ontario employment standards act 17 while pay equity is guaranteed through the ontario pay equity act 18 on the other hand the three westernmost provinces british columbia alberta and saskatchewan have pay equality legislation but no pay equity legislation some provinces for example manitoba have legislation that requires pay equity for public sector employers but not for private sector employers meanwhile pay equality legislation applies to everyone china edit the constitution of china contains several provisions explicitly addressing sexual discrimination and the gender pay gap article 48 guarantees women equal rights with men in all spheres of political economic cultural social and family life and mandates equal pay for equal work 19 20 article 33 states that the state respects and preserves human rights and that all citizens no matter what ethnicity or gender are equal before the law 19 21 article 45 provides citizens the right to material assistance from the state and society when they are old ill or disabled and mandates the development of social insurance social relief and medical and health services 19 22 china maintains human rights emphasizes are on economic development material well being and national sovereignty 23 european union european economic area edit post war europe has seen a fairly consistent pattern in women s participation in the labour market and legislation to promote equal pay for equal work across eastern and western countries 24 25 some countries now in the eu including france germany and poland had already enshrined the principle of equal pay for equal work in their constitutions before the foundation of the eu see table below when the european economic community later the european union eu was founded in 1957 the principle of equal pay for equal work was named as a key principle article 141 of the treaty of rome says each member state shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied 26 27 while socially progressive this decision does not necessarily indicate widespread progressive attitudes among the signatories to the treaty while this is often viewed as an example of the progressive nature of the european community some argue that article 141 previously 119 was included largely as a concession to the french who already had equal pay legislation and feared that they would be at a comparative disadvantage 28 the eec s legislation was clarified in 1975 by the binding and directly applicable equal pay directive 75 117 eec 29 this prohibited all discrimination on the grounds of sex in relation to pay this and other directives were integrated into a single directive in 2006 2006 54 ec 30 at the national level the principle of equal pay is in general fully reflected in the legislation of the 28 eu member states and the additional countries of the european economic area eea iceland liechtenstein and norway the eu candidate countries of macedonia and turkey also adapted their legislation to eu standards 31 the main national legislation concerning pay equity between men and women for different european countries is as follows 5 country main legal provisions austria the 1979 act on equal treatment on men and women as amended since belgium the 1999 law on equal treatment for men and women articles 12 and 25 and the royal decree of 9 december 1975 bulgaria equal pay for equal work included in the labour code 31 czech republic remuneration for work is regulated by act no 262 2006 coll the labour code and by act no 234 2014 coll civil service act denmark the 1976 act on equal pay for men and women as amended since to include additional points finland the 1995 constitution section 5 paragraph 4 and the act on equality between men and women section 8 paragraph 2 france the 1946 constitution and articles l 140 2 and thereafter of the labour code germany the 1949 constitution or basic law article 3 greece the 1975 constitution article 22 1 as amended in 2001 and law 1484 1984 article 4 hungary equal pay for equal work was previously included in the constitution 31 but it has changed there is now only equality between men and women and the pay is in the labour code iceland the 1961 equal pay act 60 1961 32 1976 law for equality between women and men 78 1976 33 2008 act on equal status and equal rights of women and men 10 2008 and the amendment added to the law in 2017 law on equal pay certification 34 according to the equal pay standard introduced in 2012 íst 85 2012 35 ireland the 1998 employment equality act ie9909144f 36 repealing the 1974 anti discrimination pay act and the 1977 employment equality act israel the 1988 law for option equality at work 37 and the 1996 law for equal pay for female worker and male worker 38 italy the constitution articles 3 and 37 39 law 903 1977 article 2 and law 125 1991 latvia equal pay for equal work included in the labour code 31 liechtenstein equal pay for equal work included in the civil code 31 lithuania equal pay for equal work included in the labour code 31 luxembourg the 1981 law relating to equal treatment between men and women and the 1974 grand ducal regulation of relating to equal pay for men and women articles 1 2 3 1 3 2 and 4 malta the constitution article 14 and the equality for men and women act netherlands the constitution article 1 and the 1994 law on equal treatment norway the 1978 act on gender equality poland the 1997 constitution chapter ii article 33 2 enshrined the equal pay for equal work principle already included in the 1952 constitution portugal the constitution article 59 and law 105 1997 relating to equal treatment at work and in employment romania equal pay for equal work included in the constitution 31 slovakia equal pay for equal work included in the constitution 31 spain the constitution article 35 and the workers statute articles 17 and 28 sweden the 1980 act on equality between men and women equal opportunities act as amended since uk the equal pay act 1970 as amended by equal value regulations of 1983 and the sex discrimination act of 1975 and 1986 superseded by the equality act 2010 2018 update law on equal pay certification based on the equal pay standard in iceland iceland introduced an equal pay standard in 2012 íst 85 2012 35 equal wage management system requirements and guidance the standard was developed by the icelandic trade unions the employers confederation and government officials with the goal in mind that it would help employers prevent salary discrimination and enable them to become certified in 2017 the icelandic government decided to add an amendment to the 2008 laws act on equal status and equal rights of women and men 10 2008 34 the amendment is a law on equal pay certification and was put into effect on january 1 2018 34 according to the amendment companies and institutions employing 25 or more workers on annual basis will be required to obtain equal pay certification of their equal pay system and the implementation thereof the purpose of this obligatory certification is to enforce the current legislation prohibiting discriminatory practices based on gender and requiring that women and men working for the same employer shall be paid equal wages and enjoy equal terms of employment for the same jobs or jobs of equal value 40 india edit constitutional protections edit as part of its directive principles of state policy the constitution of india through article 39 envisages that all states ideally direct their policy towards securing equal pay for equal work for both men and women and also ensuring that men and women have the right to an adequate means of livelihood while these directive principles are not enforceable by any court of law they are crucial to the governance of the country and a state is duty bound to consider them while enacting laws 41 while equal pay for equal work is not expressly a constitutional right it has been read into the constitution through the interpretation of articles 14 15 and 16 which guarantee equality before the law protection against discrimination and equality of opportunity in matters of public employment 41 42 the supreme court of india has also declared this to be a constitutional goal available to every individual and capable of being attained through the enforcement of their fundamental rights set out in articles 14 through 16 43 in a popular supreme court decision the conditions of employment of the air hostesses of air india was challenged the terms of employment required the mandatory retirement of females i upon attaining the age of 33 ii if they were married within four years of service or iii upon their first pregnancy the court however struck down these provisions and held them to be arbitrary and discriminatory as it violated articles 14 15 and 16 of the constitution 44 statutory protection edit in 1976 the equal remuneration act was passed with the aim of providing equal remuneration to men and women workers and to prevent discrimination on the basis of gender in all matters relating to employment and employment opportunities this legislation not only provides women with a right to demand equal pay but any inequality with respect to recruitment processes job training promotions and transfers within the organization can also be challenged under this act 45 however its scope does not extend to situations where i a woman is attempting to comply with the requirements of laws giving women special treatment and ii a woman is being accorded special treatment on account of the birth of a child or the terms and conditions relating to retirement marriage or death 46 companies and individual employers can both be held accountable to maintain the standards prescribed under this act 47 in various cases the supreme court of india has also held that discrimination on the basis of gender only arises when men and women perform the same work or work of a similar nature however it clarified that a flexible approach is required to be taken while deciding which kinds of work may be similar by considering the duties actually performed as a part of the job and not the duties potentially capable of being performed 48 taiwan edit taiwan legislated the act of gender equality in employment in 2002 49 it regulates that an employer must give the same salary to the workers who do the same work the law prescribes that employers shall not discriminate against employees because of their gender or sexual orientation in the case of paying wages employees shall receive equal pay for equal work or equal value however if such differentials are the result of seniority systems award and discipline systems merit systems or other justifiable reasons of non sexual or non sexual orientation factors the above mentioned restriction shall not apply employers may not adopt methods of reducing the wages of other employees in order to evade the stipulation of the preceding paragraph 50 united states edit see also gender pay gap in the united states federal law equal pay act of 1963 and title vii of the civil rights act of 1964 edit main articles equal pay act of 1963 and title vii of the civil rights act of 1964 by the 20th century women made up about a quarter of united states workforce but were still paid far less than men whether it was the same job or a different job there were different laws for women in some states such as not working at night and restriction of their working hours women started entering more factory jobs when world war ii began to replace men who were enlisted in the military the wage gap continued to escalate during the war the national war labor board 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