MALE and FEMALE LABOURS SHOULD

BE
PAID EQUAL WAGES

(FOR)

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Course Title: Legal Environment of Business
Course Code: BUS 361
Section: 3
Semester: Fall 2019

Submitted to:
Fariha Abedin
Lecturer, Department of Law
East West University

Date of Submission: 23 November, 2019

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NAME ID

Shishir Das
2015-2-30-022

Imtiaz Ahmed 2015-3-10-097

Farib Afridi 2016-1-10-120

Safay Nusrat Khan 2016-1-10-006

Ishrat Jahan 2016-1-10-096

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Table of Contents

Content Page

Abstract 05

Introduction 06

Definition 07-08

Contact act of equal wages 09-11

Argument 12-15

Recommendation 16

Conclusion 17

Bibliography 18

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 ABSTRACT
Equal pay for equal work is the concept of labor rights that individuals in the same workplace
be given  equal pay. It is most commonly used in the context of sexual discrimination, in relation
to the gender pay gap. The equal pay provisions of the Act aim to address situations where
women are being paid less than men, even though they are carrying out equal work. Paying
women less than men is not only unfair, it also has far-reaching implications for society by
contributing to the gender wage gap. In Bangladesh, the gender wage gap decomposes wage
differentials between men and women into the endowment and discrimination effects.
Participation in the labor force endows women with entitlements to resources but it does not
ensure equality in earnings. The  Equal Pay Act requires that men and women in
the same workplace be given equal pay for equal  work. The jobs need not be identical, but they
must be substantially  equal. If there is an inequality in wages between men and women,
employers may not reduce the wages  of either sex to equalize their pay rather to increase.

INTRODUCTION:

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Equal pay for equal work is the concept of labor rights that individuals in the same workplace be
given equal pay. It is most commonly used in the context of sexual discrimination, in relation to
the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic
pay, non-salary payments, bonuses and allowances. Some countries have moved faster than
others in addressing the problem.

Bangladesh is a notable example of a country that has implemented strategies to introduce

market-based economic reforms since the 1990s. As gender equality is one of the eight UN
millennium development goals, useful lessons about the changes in gender equality–inequality in
wages that occur as a country liberalizes can be learned from a country like Bangladesh.

According to one study, gender pay gap was 57 percent in 2017 and 54 percent in 2016 in
Bangladesh, for the same work. And this gap is far worse in the informal sector. As nearly 90
percent of jobs in Bangladesh are in the informal sectors, according to an ILO report, the extent
of exploitation of women workers is easily understood.

In our societies where women’s participation in the labor force is restricted by the norms of
seclusion and reflects negatively on the status of women and their family members, women may
not take as much pleasure in it.

Eliminating the gender wage gap can add contribution to GDP in our country. This is a serious
incentive to equalize pay between men and women. Another report shows that poverty could
drop by 80% in the Bangladesh if the gender pay gap were to close.

The government should come up with some strict policies and enforce the minimum wage laws
to eliminate this wide wage discrimination. Besides, there is no alternative to educating the
women workers about their rights. The bottom line is, wage discrimination must be eliminated if
we are serious about women empowerment and eradicating gender inequality.

Equality

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Equality is the fair treatment of people regardless of their gender, race, disability, religion,
nationality, sexual orientation or age. At school or in the workplace, equality means making sure
people are given equal opportunities, equal pay and are accepted for their differences.

Equality Act

The Equality Act is a wide-ranging law that brings together nine individual pieces of legislation.
The purpose of the Act is to make it more difficult for employers and other organizations to
discriminate on a number of different grounds.

The Equality Act made changes to two of the so-called protected characteristics: disability, and
gender reassignment.

Many nations and legislative bodies declare the importance of equality as part of the fabric of
their legislation. In the United States Declaration of Independence, the Founding Fathers clearly
stated that “All men are created equal.” The United Nations Universal Declaration of Human
Rights likewise states that “All are equal before the law and are entitled without
any discrimination to equal protection of the law.” Equality laws, as a concept, have existed at
least since the days of ancient Greece, when the Athenian statesman Pericles proclaimed his
pride in the fact that poverty and social standing did not bar equal access to Athenian law.

Wages

A wage is monetary compensation paid by an employer to an employee in exchange for work

done. Payment may be calculated as a fixed amount for each task completed (a task
wage or piece rate), or at an hourly or daily rate, or based on an easily measured quantity of work
done.

Wages are part of the expenses that are involved in running a business.

Wage rates

Wage rates are determined by market forces – supply and demand – as well as legislation and
tradition. In some countries, such as the United States, market forces are more dominant, while

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in Japan tradition, seniority and social structure play a greater role. Seniority, in this text, refers
to how long a person has worked in the company.

Even in economies where market forces dominate, studies show that there are still differences in
monetary compensation for work based on race or sex.

Minimum Wages in Bangladesh

Bangladesh's Minimum Wage is the lowest amount a worker can be legally paid for his work.
Most countries have a nation-wide minimum wage that all workers must be paid.

Minimum Wages in Bangladesh increased to 8000 BDT/Month in 2019 from 5300 BDT/Month
in 2018. Minimum Wages in Bangladesh averaged 5750 BDT/Month from 2014 until 2019,
reaching an all-time high of 8000 BDT/Month in 2019 and a record low of 5300 BDT/Month in
2015.

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EQUAL WAGES OF PAY

Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the
law and are entitled without any discrimination to equal protection of the law”. Thus, everyone
must be treated equally under the law regardless of race, gender, national origin, color, ethnicity,
religion, disability, or other characteristics, without privilege, discrimination or bias.

Equal Pay Act of 1963, USA:

June 10, 1963, President John F. Kennedy signed the Equal Pay Act into law. It was enacted as
an amendment to the Fair Labor Standards Act of 1938, which regulates minimum wages,
overtime, and child labor

The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act,
aimed at abolishing wage disparity based on sex (see Gender pay gap). It was signed into law on
June 10, 1963, by John F. Kennedy as part of his New Frontier Program. In passing the bill,
Congress stated that sex discrimination.

 depresses wages and living standards for employees necessary for their health and
efficiency;
 prevents the maximum utilization of the available labor resources;
 tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;
 burdens commerce and the free flow of goods in commerce; and
 constitutes an unfair method of competition.

Woman Deserve Equal Pay

• In 1963, when the Equal Pay Act was passed, full-time working women were paid 59 cents on
average for every dollar paid to men. This means it took 44 years for the wage gap to close just
18 cents — a rate of less than half a penny a year. This narrowing of the gap has slowed
substantially since the turn of the century.

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• Women’s median pay was only equal in personal care and service work as of 2009. According
to a Bureau of labor Statistics study from 2009, construction was the industry closest to gender
pay equity. Even men working in the 20 most common occupations for women earn more than
women working in those same occupations.

Equality Act 2010, Great Britain

The law on equal pay is set out in the ‘equality of terms’ provisions of the Equality Act 2010 (the
Act).The Act gives a right to equal pay between women and men for equal work. This covers
individuals in the same employment, and includes equality in pay and all other contractual terms.

The Act implies a sex equality clause automatically into all contracts of employment, ensuring
that a woman's contractual terms are no less favorable than a man's.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

Pay Equality Act, CANADA

Canadian pay equity is guaranteed through the Ontario Pay Equity Act.[47]

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

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Equality Before Law, Bangladesh

Substantial equality of treatment; identical treatment under equal circumstances. ‘All citizens are
equal before law and are entitled to equal protection of law’ [Art.27 of the Constitution of
Bangladesh, 1972].

The idea as contained in this Article is a combination of the English concept of ‘equality before
law’ and the American concept of ‘equal protection of laws’.

‘Equality before law’ is not to be interpreted in its absolute sense to hold that all persons are
equal in all respects disregarding different conditions and circumstances in which they are placed
or special qualities and characteristics which some of them may possess but which are lacking in
others. The term ‘protection of equal law’ is used to mean that all persons or things are not equal
in all cases and that persons similarly situated should be treated alike.

[Sheikh Abdus Sabur Vs. Returning Officer, District Education Office-in-Charge, Gopalgong
others, 41 DLR (AD) 30]

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 ARUGUMENTS

 EQUAL WORK

There is an argument that if women want to earn more, they should choose other jobs which pay
more. But this statements are not justifiable. In definition of labor law, labor law Act it says,

Labor law can also refer to the set of standards for working conditions and wage laws. These
laws, such as the Fair Labor Standards Act, prohibits child labor, and sets a minimum wage.

There is nowhere mention about male or female. It says about worker and worker can be anyone
male or female. and it is mention about set minimum wages. That means all worker should get
equal wages.

So men and women should get the same work and the equal wages.

 TIME OFF

There is an argument that women take time off from work to have children and aren’t as
committed to their jobs as men so men should be paid more.

There are two things wrong with this argument. First, the vast majority of women with young
children are employed. In earlier around 60 percent of women with children under the age of 5
were employed. And the average work life of women today is 30 years.

Second, even if women did take more time off, pay equity looks at pay for the job, not for
individual workers. Pay equity studies are based on a standard pay level, such as minimum
starting pays, so that how long someone has worked does not influence the results.

So minimum wages should be equal for every worker weather it is male or female.

 FAIRNESS

There is an argument that, pay equity is unfair to men.

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But in today’s economy, most families have two wage earners, and if one of them is paid too
little, the whole family suffers. Pay equity ensures that every worker in the family is earning
what they should base on the requirements of their jobs. Also, men who work in jobs
traditionally held by women will also receive pay equity adjustments.

So if men and women does the same job they should be paid equal.

 WORK SECTOR

The argument exist that Some men get paid more because they have dangerous jobs.

Working conditions factor are commonly looked at in a pay equity study. This factors are
important and should be reflected in the pay for a job. But women also work in hazardous jobs
such as nursing, that exposes workers to a variety of infectious diseases and requires lifting
patients. All jobs, regardless of whether they are performed primarily by men or by women,
should paid equal. Because now women are also working as labor in industrial work and men are
also working as nurse.

If the wages are differentiated between jobs or works that is not acceptable. For example, if
anyone try to compare the wages of garment’s worker and chemical industrial labor that is not
granted because the working sector is different. In garments their working environment is not as
dangerous as the chemical industry. So it cannot be possible to compare the wages of different
jobs.

 EQUAL PAY FOR WOMEN CAN HELP END POVERTY 

Eliminating the gender wage gap can add between $12 trillion and $28 trillion to global GDP by
2025. This is a serious incentive to equalize pay between men and women. Another report shows
that poverty could drop by 50% in the US if the gender pay gap were to close. Equal pay can be
helpful for a country to improve their economic situation.

 WOMEN BECAME POOR IN RETIREMENT 

As men and women grow older, the wage gap grows wider. A study from the National Institute
of Retirement Security in the US found that the wage gap grew to 44% by age 80 for women,

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and that women age 75-79 are three times more likely to fall below the poverty line than
men. The equal pay can ensure the better lifestyle for men and women both after their retirement.

 EQUAL PAY IS IMPORTANT TO WOMEN AND IMPORTANT TO SOCIETY

The pay Act aim to address that where women are being paid less than men, even though they
are carrying out equal work. Paying women less than men is not only unfair but also has far-
reaching implications for society by contributing to the gender pay gap, women’s lower pension
contributions and their higher incidence of relative poverty in later life.

 IMPROVES WORKER MORALITY

One of the most important benefits of equal pay for men and women at workplace is a greater
sense of worker’s morality. Female workers want to feel good about coming to work at a
company that they believe values their talents and skills. By paying them the equal of what you
pay your male workers for the same work, it is communicating a powerful message about gender
equality.

Gender pay equality also prevents female workers from resenting male colleagues who they
know perform the same tasks for higher wages. Greater cooperation and mutual respect are key
benefits of equal pay.

 IMPROVES WORKER’S RETENTION

One of the other benefits of equal pay is that it can remain competitive when it comes to
retaining talented workers. If female workers are among the most skilled and high-performing,
company have to pay them the same rate as the male workers to keep them from bolting to
another company. With pay equality, it signals to female workers as a reward for their
performance the same way its reward their male colleagues.

 EQUAL EARNINGS MAKE IT EASIER FOR WOMEN TO TAKE CARE OF

THEIR FAMILIES

A report from the Institute for Women’s Policy Research found that if women were paid fairly,
single women’s income would rise by 13.4 percent, single mothers would earn 17 percent more,

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and married women’s income would increase by 6 percent. These wage increases would reduce
levels of poverty for single mothers by over 50 percent. This would greatly increase the ability of
women from all economic backgrounds to provide basic support to their families, including food,
education, and child care.

 FAMILIES ARE BECOMING MORE DEPENDENT ON WOMEN’S WAGES AS

MEN LOSE THEIR JOBS AT HIGHER RATES

Men are increasingly turning to women as a source of financial support as America’s economic
crisis worsens. The unemployment rate among adult men has risen 2.8 percentage points over the
past year up to 7.2 percent in comparison with that of adult women, which has risen 1.6
percentage points up to 5.9 percent. Job losses have particularly affected manufacturing,
construction, and temporary help industries that traditionally employ more men than women.
Even within losses in the retail industry with traditionally high levels of female employment men
have been hit hard due to job losses at car dealerships. As the economy takes its toll on a
disproportionate number of men, now is the time to guarantee that women have the same ability
to support their families with fair and equal wages.

 LOWER WAGES FOR WOMEN HURT MEN IN MANY TIMES

Men in the United States work the longest hours in the industrialized world. They also have the
smallest amount of leisure time, usually so that their wives can spend more time on family
caregiving. By spending more time making up for their wives’ lower wages, men are spending
countless hours away from their families.

 LOWER WAGES FOR WOMEN HAS A BAD IMPACT FOR SOCIETY

State and federal social programs funded by income and wage taxes are dramatically affected by
the wage gap. Because women make less money, these tax revenues—many of which fund vital
community services are lower than they should be.

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RECOMMENDATIONS

Despite the equal pay act, the wage gap persists. In order to achieve equal pay, we must
strengthen our equal pay laws so that women are able to fight back against pay discrimination.
Companies need to improve their culture around flex work policies. According to the New York
time post’s article, “How to Win the Battles to the Sexes Over Pay” eliminating the gender
earnings in equality will require changes in millions of households and thousands of individual
workplaces and correcting for time off and hours of work reduces the difference in the earnings
between men and women, but doesn’t eliminate reorganizing the workplace a complicated
undertaking would help diminish the gap. In addition, we must hold conference and teach
women and men across the word about the gender wage issue.

Some solutions that will help to establish equal wages:

 By removing female barriers to entry into male-dominated fields.

 Increase the availability of high-quality, affordable child care.
 Help prevent and remedy caregiver and pregnancy discrimination against women
workers.
 Provide fair work schedules, paid family leave, and paid sick days so that workers with
caregiving responsibilities are not unfairly disadvantaged.
 Ensure women’s access to the affordable reproductive health care they need.

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CONCLUSION

The equal pay of wages has a significant connection to areas such as social justice and fairness,
equality and economic mobility and talent acquisition, development and retention. Despite over
50 years of the Equal Pay Act and other legal remedies at the state and Federal level, women still
lag significantly behind men with respect to equal wages in the workplace. Although defying
easy explanation, some causes of the in equal wage reviewed in this paper include shifting family
responsibilities, discrimination, differing occupational choices and location. And here also
mention the reasons why man and woman should pay equal wages in the workplace.

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 BIBLIOGRAPHY

1. Daily Star. (2019). Ensure equal pay for equal work. Daily Star.
2. Equality and Human Rights. (2019, February 19).
3. Wikipedia. (2019, November 20). Retrieved from
https://en.wikipedia.org/wiki/Equal_pay_for_equal_work

4. Minimum wages, source: Employment Ministry

5. Article 7, Universal Declaration of Human Rights (UDHR)

6. equal pay Act 1963, https://en.wikipedia.org/wiki/Fair_Labor_Standards_Act
7. Equality Act 2010 (the Act),Great Britain
8. Canadian pay equity, Ontario Pay Equity Act.[47]

9. Equity before law, [Art.27 of the Constitution of Bangladesh, 1972].

http://bdlaws.minlaw.gov.bd/sections_detail.php?id=367&sections_id=24575

10. Equity before law, [Sheikh Abdus Sabur Vs. Returning Officer, District Education Office-
in-Charge, Gopalgong others, 41 DLR (AD) 30]

11. women's policy research. report

12. unemployement rate, unemployment rate
13. https://now.org/resource/women-deserve-equal-pay-factsheet/
14. https://wol.iza.org/articles/equal-pay-legislation-and-the-gender-wage-gap/long

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