Equal Remuneration legislation Act, 1976

Plan of Presentation

Background Introduction Definitions Objectives Scope Provisions Other provisions Penalties Exceptions Conclusion

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 Low productivity Relatively less mobility and Lack of permanence in employment.

Definitions

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

Employee stock option Fringe benefit Salary

Executive compensation Deferred compensation

Wage

Performance Linked Incentives

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, secure equal pay for equal work for both men and women. Equal remuneration ordinance was promulgated in sept. 1975 the ordinance was replaced by an act of the same name in 1976.

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.

Provisions

It is the duty of employer to pay equal remuneration.[sec2(h)] Prohibition of discrimination in recruitment or other conditions of service. Advisory committee Authorities for hearing and deciding claims and complaints Maintenance of registers Inspectors.

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 worker 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 any other offences 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 product 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

Any special treatment is accorded to women in connection of birth or expected birth of a child The terms and conditions of a womens employment are in any respect affected by compliance with the law regulating the employment of women. If the discrimination is not based on sex factor and if it is found so. If any difficulty arising while giving effect to the provisions of the Act, the central govt. may make orders for the purpose of removing those difficulties

Conclusion

The act is progressive measure based on the principle of social justice of sexes. 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