Equal Remuneration Act, 1976 is one of the chapter of the subject ILGL of CS executive course. In addition to notes we have also provided short video on Equal Remuneration Act.
Equal Remuneration Act 1976
(Notes & Videos)
Introduction (Equal Remuneration Act)
Name: Equal Remuneration Act 1976
Total : 18 Sections
Extends To the whole of India
It is based on Constitutions’
• Article 39(d) : Principle “Equal Pay for Equal Work”
• Article 14 & 16 : Directive Principles of State Policy
Note: Equal Remuneration Ordinance, 1975 hereby repealed
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Object of the Act (Equal Remuneration Act)
To provides for payment of Equal remuneration
• To Men and Women workers
• For “same work or work of similar nature” without any discrimination
To Prevents discrimination on the ground of sex, against women employees
• while making recruitment for the same work or work of similar nature, or
• In any condition of service subsequent to recruitment
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Definitions
2(c) “Employer”
Has the meaning assigned to it in clause (f) of Section 2 of the Payment of Gratuity Act, 1972 (39 of 1972);
2(d) “Man” and “Woman”
mean male and female human beings, respectively, of any age;
2(j) Words and expressions
used in this Act and not defined but defined in the Industrial Disputes Act, 1947 (14 of 1947), shall have the meaning respectively assigned to them in that Act.
2(g) “Remuneration”
"Remuneration" means
the basic wage or salary, and
Any additional emoluments payable to Person,
1. either in cash or kind,
2. in respect of employment or work done in such employment,
3. If the terms of the contract of employment, express or implied, were fulfilled
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2(h) “Same work or work of a similar nature”
It means work in respect of which
1. The Skill, Effort and Responsibility required are the same,
2. when performed By a man or a woman
3.under similar working conditions,
And the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment.
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3: Overriding effect
It says that Provisions of this Act shall have overriding effect over
1. Any other law or
2. Agreement or
3. Contract of Service etc
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4: Duty of employer to pay equal remuneration
(Equal Remuneration Act)
Section 4 of the Act provides that
1.No employer shall pay to any worker, remuneration, whether payable in cash or in kind,
2.At rates less favourable than workers of the opposite sex
3.for performing the same work or work of a similar nature
And
4. Employer shall not reduce the rate of remuneration of any worker.
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5: No Discrimination while recruiting men & women
(Equal Remuneration Act)
Employer shall not make any discrimination against women
• In recruiting for the same work or work of a similar nature, or
• in any condition of service subsequent to recruitment (promotions, training or transfer)
Except
Where the employment of women in such work is prohibited or restricted by or under any law for the time being in force
However,
Above mentioned section shall not affect any priority or reservation for
Scheduled Castes or Scheduled Tribes,ex-servicemen / retrenched employees or / any other class or category of persons
In the matter of Recruitment to the posts in an establishment or employment
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7: Authorities for claims and complaints
(Equal Remuneration Act)
Appropriate Government
may appoint such officers, (not below the rank of a Labour Officer), / To be the authorities for hearing and deciding complaints / Of the contravention of any provision of the Act;
And define the local limits within which each such authority shall exercise its jurisdiction.
2 (a) “Appropriate Government” means –
(i) in relation to any employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a banking company, a mine, oilfield or major port or any corporation established by or under a Central Act, the Central Government, and
(ii) in relation to any other employment, the State Government;
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8: Maintenance of Registers
(Equal Remuneration Act)
It is the Duty of every employer,
• To maintain registers and other documents
• Relating to the workers employed by him in the prescribed manner
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10: Penalty (Equal Remuneration Act)
2) If any employer;-
makes any Recruitment in contravention of the provisions of this Act; or
makes any Payment of remuneration at unequal rates to men and women workers ; or
makes any Discrimination between men and women workers in contravention of the provisions of this Act; or
omits or fails to carry out any Direction of the appropriate Government,
Then he/ she shall be punishable
with fine (10K – 20K) / with imprisonment (3M to 1 Yr) / with both
Note: For subsequent up to 2 Yrs
(3) If any person being required so to do,
• omits or refuses to produce to an Inspector
• any register or other document or to give any information,
Fine, which may extend to 5K
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12: Cognizance and trial of offences (Equal Remuneration Act)
(1) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
(2) No court shall take cognizance of an offence punishable under this Act except upon"
(a) its own knowledge or upon a complaint made by the appropriate Government or an officer authorized by it in this behalf; or
(b) a complaint made by the person aggrieved by the offence or by any recognized welfare institution or organization.
Explanation
"For the purposes of this sub-section "recognized welfare institution or organization" means a social welfare organization or institution recognized in this behalf by the Central or State Government.
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15. Act not to apply in certain special cases.
(Equal Remuneration Act)
Nothing in this Act shall apply
(a) To cases affecting the terms and conditions of a woman's employment in complying with the requirements of any law giving special treatment to women, or
(b) To any special treatment accorded to women in connection with
(i) the birth or expected birth of a child, or
(ii) The terms and conditions relating to retirement, marriage or death or to any provision made in connection with the retirement, marriage or death
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16. Power to make declaration
(Equal Remuneration Act)
If appropriate Government is, satisfied that
The differences about
the remuneration, or
a particular species of remuneration, or
men and women workers
In any establishment or employment is based on a factor other than sex,
It may, declare that such act of the employer attributable to such a difference shall not be treated as contravention of any provision of this Act
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