Equal Remuneration Act, 1976

IR&LL Module -VI

Background
Factors for lower payments to women employees : Unsuitability for many jobs Concentration in less skilled job Restriction on job opportunities Additional expenditure on their employment Lack of permanence in employment.

Introduction
The principle of this act is equal pay for equal work to men and women. Payment should be equal irrespective of the sex in same or similar kind of work. Article 39 under the DPSP, secures equal pay for equal work for both men and women.

 Article 39(a) states that the citizens, men and women, equally, have the right to an adequate means of livelihood. Article 39(d) that there is equal pay for equal work for both men and women. Article 16(2) makes a specific mention that no citizen shall on ground only of .sex be ineligible for or discrimination against in respect of any employment or office under state.

Objectives
The objectives of the act is the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment.

Scope
The act is applicable to whole of India. This act does not discriminate between women of SC, ST, GEN, Ex-Serviceman or any priority sector or reservation on caste basis.

 The term remuneration in general means compensation or pay. Remuneration is wages or salary, typically money that is paid for services rendered as an employee. Remuneration can include: Commission Compensation including Deferred compensation Employee stock option Fringe benefit Salary Wage

Main Provisions
It is the duty of employer to pay equal remuneration. Prohibition of discrimination in recruitment or other conditions of service. Advisory committee Authorities for hearing and deciding claims and complaints Maintenance of registers Inspectors ( labour enforcement officers )

Prohibition of discrimination in recruitment or other condition of service (section 5)

No employer shall while making recruitment for the same work or work of a similar nature, or in any condition of service subsequent to recruitment such as promotions, training or transfer, make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force.

 Provided that the provisions of this section shall not affect any priority or reservation for Scheduled Castes or Scheduled Tribes, exservicemen, retrenched employees or any other class or category of persons in the matter of recruitment to the posts in an establishment or employment.

Advisory Committee (increasing employment opportunities for women) Section 6

Every Advisory Committee shall consist of not less than ten persons, to be nominated by the appropriate Government, of which one-half shall be women. The Advisory Committee shall regulate its own procedure.

The appropriate Government may, after considering the advice tendered to it by the Advisory Committee and after giving to the persons in the establishment or employment an opportunity to make representations, issue such directions in respect of employment or women workers, as the appropriate Government may think fit.

Authorities for hearing and deciding claims and complaints (section 7)

The appropriate Government may, by notification, appoint such officers, not below the rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and deciding the complaints with regards to any contavention to the act.

Maintenance of registers (Sec 8)

Every employer is required to maintain prescribed registers and documents in relation to workers employed by him

Other Provisions
Power to make rules Power of central govt. to give direction.

Penalties
The following offences under the act are punishable with simple imprisonment for a term which may extend to one month or fine upto 10,000 or with both: Failure in maintenance of registers, records, muster roll or other document. Prevents his agents or workers to give any evidence. Refusal by the employer to give any information.

Penalties
The following offences of the employer are punishable with fine which will not be less than Rs 10,000 but not more than Rs 20,000 or with imprisonment not less than 3 months but not more than 1 year or both for the 1st offence, and with imprisonment which may extend to 2 years for subsequent offences mentioned below: Recruitment against the provisions of Act. Making unequal payments to men and women Making any discrimination between them

Penalties
A person who refuses to produce the document required by an inspector or does not give required information to him is punishable with a fine which may extend to Rs. 500 Trial of offences under judicial magistrate.

Exceptions to the Act

Any special treatment may be accorded to women in connection of birth or expected birth of a child. The terms and conditions relating to retirement , marriage or death of a women Cases affecting terms of a womans employment in complying with the requirements of any law giving special treatment to women.

Conclusion
The act is progressive measure based on the principle of social justice. The act enhances the social, economical and political status of women in the country. This Act is a bold step and if implemented in a true spirit will contribute to do away with an age-old discrimination suffered by women.

THANKS