Equal Remuneration Act, 1976 was enacted for following main Purposes
1. To Improve the Quality of Women’s Employment Conditions
3. Empowerment of women in the employment sector
4. To Create awareness among them about their legal rights and duties
MAIN REASONS BEHIND ENACTMENT OF THIS EQUAL REMUNERATION ACT, 1976
Basically The parliament enacted the Equal Remuneration Act, 1976 for giving:-
1. Effect to the provisions of constitution , and
2. Ensures the enforcement of ILO conventions
Some Important points related to Act:-
♦ The ARTICLE 39 which is included in Constitution of India deal with equal remuneration pay.
♦ The equal remuneration act extends to whole of India.
♦ Provisions of the Act extend to all categories/types of employment.
The main Object and scope of this Act
1. Payment of equal remuneration to men and women workers for same work or work of similar nature without any discrimination on the basis of gender.
2. To Prevent discrimination on the basis of gender specially against women employees while making recruitment of women for the same work or work of similar nature, or in any condition of service subsequent to recruitment of womens.
“ Same work or work of similar nature”
Work in respect of which the
Required are the same
When performed under similar working conditions by a man or a woman without discrimination on the basis of gender
And the difference, if any between the
required of a man and those required of woman are not of practical importance in relation to terms and conditions of employment.
This is the Duty of employer in an establishment to pay equal remuneration to men and women workers for same work or work of similar nature without doing discrimination on the basis of gender:-
In any case employer shall not pay to any worker, employed by him in an establishment or employment , remuneration, whether payable in cash or kind,
At a rate less favourable than those at which remuneration is paid by him /her to the workers/employees of th opposite sex (man/woman) in such establishment or employment for performing the same work of a similar nature and
In any case Employer shall not reduce the rate of remuneration of any worker.
Discrimination not to be made on the basis of gender while recruiting men and women in establishment :-
When an Employer recruit the men or women for the same work or work of similar nature, or in any condition of service subsequent to recruitment such as promotions, trainings, or transfer of men or women .
Shall not make any discrimination against women on the basis of gender as compared to man
Exception always prevail as we know so — where the employment of women in such work is prohibited or restricted by or under any law for the time being in force.
This equal remuneration act which is talking about the no discrimination on the basis of gender shall not affect any priority or reservation for scheduled caste , scheduled tribes , ex-servicemen, retrenched employees or any other class or category of persons in the matter of retirement to the posts in an establishment or employment. This is specifically mentioned in this act.
Maintenance of registers —- Section – 8
This is the Duty of every employer in his establishment, to maintain registers and other documents in relation to the workers employed by him in the prescribed manner and format
Penalty on Employer
a) IN CASE EMPLOYER TRY TO Makes any recruitment in contravention of the provisions of this act. Or
b) IN CASE EMPLOYER TRY TO Makes any payment of remuneration at unequal rates to men and women workers for the same work or work of similar nature on the basis of gender discrimination. Or
c) In case employer try to Makes any discrimination between men and women workers in contravention of the provisions of this equal remuneration act. Or
d) In case employer try to Omits or fails to carry out any direction which is made by the appropriate government for the purpose of employee benefit.
He / she (the employer) shall be punishable with fine or with imprisonment or with both.
*When an inspection is done under this equal remuneration act,1976 a checklist the documents which are checked by the inspector are as follows: –
1) Muster roll cum wage register (form ii)
2) Is employer doing any discrimination on the basis on gender between man and women when paying wages for work of similar nature.?
3) Is employer doing discrimination on the basis of gender while recruiting worker on the basis of gender.?
4) Register is prepared and maintained by the employer in form d or not? .