INTRODUCTION

y India satisfied ILO convention 100 on equal

remuneration in 1958. y In 1975, the international year of the women that India promulgated the equal remuneration ordinance, 1975 to give effect to constitution which directed among other things, equal pay for both men and women. y The ordinance was replaced in 1976 by the equal remuneration act, 1976.

scope
y It extends to the whole of India. y It shall come into force on such date, not being later

than three years from the passing of this act as the central government may, by notification, appoint and different date may be appointment for different establishment or employment.

include
Short title Extent Definitions Act to have overriding effect
1ST CHAPTER (PRELIMINARY
)

Advisory board Power of government Duty of employer
2ND CHAPTER(PAYMENT OF EQUAL REMUNERATION)

Inspection penalties

3RD CHAPTER(MISCEL LANEOUS)

Definitions
y remuneration means the basic wages or salary, and

any additional emoluments whatsoever payable, either in cash or in kind to a person employed in respect of employment or work done in such employment, if the term of employment, expenses or implied, were fulfilled .

y some work or work of a similar nature means work in

respect of which the skill, efforts and responsibility required are the same, when performed under similar working condition by a man or a woman and the difference if any b/w that skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the relation to the term and conditions of employment.

Basic wages
y When an award gives revised pay scales, the employees

become entitled to the the revised emoluments and where the said revision is, with retrospective effect, the arrears paid to the employee, as a consequence, are the emoluments earned by the them while on duty.

Overriding effect
y With any law y In term of any award y Agreement of contract y Acc. To sec. 3

Payment of remuneration
y No discrimination based on gender y Sec(1) employer not reduce the rate of remuneration of

any worker. y For same work give some wages

Advisory committee
y Appropriate government appoint this committee for

the purpose of providing increasing employment opportunities for women. y onsist minimum ten member, half should be women, nominated by app. Government. y In tendering its advice, committee shall have regard to the no of women employed in the concerned employment, nature of work, hours.

Hearing and deciding claims and complaints
y Appropriate govt. may, by notification, appoint such

officers, not below the rank of labour officers, for hearing and deciding: y omplaints, regards to the contravention of any provision. y laims arising out of non-payment of wages at equal rates to men and women, equal wage.

Contd

..

y Every complaint referred to in sub sec.(1) shall be

made in such manner as may be prescribed, y For deciding same nature of work, authority appoint under sec(1) y Every authority appointed ,shall have all powers of a civil court . y Appoint within thirty days from the date of complaint.

penalties
y Employer shall be punishable, for maintain register,

evidence with simple imprisonment for a term which may extend 1 month, fine 10,000 or both. y For recruitment, unequal wages(1000-20000) y Sec(10)

Offences by companies
y Every person & company shall be liable, who at the

time offence was in charge of, and responsible to the company for conduct of the company. y Where any act has been omitted by company, every person responsible for that shall be liable to be proceeded against and punished.

Power to make rules
y Act not to apply in special cases: y To case affecting the term and condition of a women s employment in complying with the requirement of any law giving special treatment to women, y To any special treatment accorded to women in connection with sec(15)

The birth of a child. Term relating to retirement, marriage or to any provision made in connection with the marriage & death.

Power to make declaration
y If appropriate govt. satisfied with claim of difference

regarding gender, make a declaration to the effect that any act of employer attributable to such a difference

Power to remove difficulties
y If any difficulty arises in giving effect to the provision

of this act, central govt. may provided necessary order to removing difficulty sec(17).

conclusion
y This act provision related to: y Equal pay for equal wages. y No discrimination y ommittees function is to examine and advice govt.

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