Imagine working side by side with a colleague—same job title, same hours, same responsibilities—and then discovering he earns more. Now imagine the only difference is gender.
That’s not just unfair.
In Nepal, it’s illegal.
The Law is Clear: Equal Pay is a Right
Section 7 of Nepal’s Labour Act, 2074 leaves no room for ambiguity:
“No discrimination shall be made in remuneration for equal value of work on the ground of sex.”
This means men and women must be paid the same wage for work of equal value, regardless of gender. It’s not a favour or corporate courtesy—it’s a legal obligation.
But what counts as “equal value of work”?
The law doesn’t judge based on job titles alone. It looks at:
- The nature of the job
- The responsibilities held
- The skills required
- The effort and intensity involved
- The output or productivity delivered
So yes, even roles with different titles—if they demand comparable skill, effort, and responsibility—may qualify as equal work.
Examples That Hit Home
- Data Entry Operator (Male) vs. Data Entry Operator (Female)
Same role, same workload, different pay? Yes, it’s discrimination. - Cleaner (Female) vs. Store Assistant (Male)
Both work full-time. Is it discrimination? Maybe. Depends on job value—responsibility, skills, and output. - Graphic Designer vs. Accountant
Different professions, different scopes—not discrimination if pay differs.
The Reality Check: Is It Always That Simple?
While the law sets the foundation, the real world is more nuanced.
Some argue, rightly so, that roles differ beyond surface-level duties. For instance:
- In customer-facing roles, employers may prefer women and offer higher pay due to perceived emotional intelligence and communication skills.
- In labor-intensive jobs or crowd-facing duties, men may be paid more, especially if physical strength is required.
- For roles requiring long hours and late shifts, men are often preferred due to flexibility or societal norms—and that reflects in the pay.
Even among male colleagues, salaries can differ despite similar roles. Why?
Because pay is influenced not just by what you do—but how well you do it, how you negotiate, your personality, attitude, and experience. Two people can hold the same title, yet bring very different value to the table.
This doesn’t justify systemic gender pay gaps, but it highlights the need for careful, case-by-case evaluation rather than blanket judgments.
What Should Employers Be Doing?
To close the pay gap and avoid legal and reputational risks, responsible employers should:
- Conduct gender-based pay audits
Regularly check for discrepancies across departments and roles. - Standardize job descriptions and salary bands
Clear criteria help prevent arbitrary or biased pay decisions. - Include anti-discrimination clauses
Contracts and HR policies should explicitly outlaw gender bias. - Train HR and management
Recognize and reduce unconscious bias in hiring and promotions.
Ignoring these practices doesn’t just risk a complaint at the Labour Office—it can lead to back pay orders, legal penalties, and public backlash.
Bridging the Gap Between Law and Practice
Yes, there are cases where women earn more than men. And yes, there are situations where pay reflects more than just hours worked.
But that’s the point: the law is meant to ensure fairness when the work is of equal value. Employers must go beyond assumptions and stereotypes to measure work objectively.
Have you ever seen unequal pay silently accepted as “policy”? Have you ever wondered why your colleague earns more or less than you?
Let’s talk about it.
Because equal pay is not just a slogan. It’s a legal standard, a moral imperative, and a measure of how just and progressive our workplaces really are.
