Amity Business School

Equal Remuneration Act 1976

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Objective
1. To provide for payment of equal remuneration to men and women workers 2. Prevention of discrimination on the ground of sex against women in the matter of ( i) employment and (ii) connected and incidental matters 3. Art 39 of the Constitution- Securing equal pay
or equal work for both men and women

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Applicability
Applicable to various employments as notified w.e.f. the dates of notifications ( from Presidential Proclamation in1975 to 78)- local authorities; hospitals, dispensaries, nursing homes, medical and health services; banks, insurance, educational and research institutions; mines; manufacture of textiles, chemicals, ceramics, glass, perfumes, fuels, light, paper, leather, metals and minerals, machinery, electricity, miscellaneous manufacture; repair services; wholesale and retail trade in food, food articles, beverages, tobacco, intoxicants, textiles, fuels; restaurants, hotels; agricultural production and services-livestock, forestry, logging, fishing; services, laundry, hair transport, storage and communication; warehousing; construction; air transport industry; real estate; sanitation services, recreational and cultural services; personal services ( domestic dressing, etc. Workers in any notified employment or establishment are covered

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Appropriate Government

Central government is the appropriate government for employments carried on by or under the authority of the central govt., corporations established under a central act, central PSUs, central govt. companies, railways, mines, oil fields, major ports, civil aviation, etc. Concerned state governments for all other employments

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Meaning of Remuneration
Basic wage and any additional emoluments payable, whatsoever.

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Same or Similar Work ( S 2h)

Means work in respect of which: (i) Skill, (ii) Effort, and (iii)Responsibility are the same

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Main Provisions ( Sec 4, 5)

Remuneration payable would not be less than that paid to opposite sex for doing same work or work of a similar nature ( S 4) Remuneration to be equalized at the highest level ( s 4)

No discrimination against women in: (i) recruitment, (ii) transfer, (iii) promotion, and (iv) training except where employment of women may be prohibited or restricted by law ( S 5)

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Advisory Committee (S 6)
For promoting employment opportunities for women. Not more than 10 members

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Authority for Claims and Complaints ( S 7)

Claims and complaints can be lodged within 1 year of the cause of action Authority to decide on the principle of same wage for same or similar work ( S 2h) Appeal within 30 days Recovery of the awarded amount of claim us 33C of the ID act 1947. Application for recovery to the appropriate govt. to be made within one year from the date on which the money became due.

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Power to Prosecute (S 12)

Courts can take cognizance of complaints by the worker, his representative ( US 36 ID Act- trade union, labour inspector and welfare institutions recognized by central or state governments

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Maintenance of Records and Registers ( S 8)

Register containing the following information: (i)Total no of workers (ii) No of women workers (iii) No of men workers (iv) Details of wages being paid to men and women workers separately. [ Rule 6, Form D]

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Penalties ( S 10)
Failure to maintain or produce record - fine up to Rs 10,000; imprisonment up to 1 month, or both Recruitment in contravention or payment of unequal or discriminatory remuneration- fine not less than Rs 10,000, up to Rs 20,000; imprisonment up to 1 year, not less than 3 months. Second and subsequent offences-imprisonment up to 2 years.

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Offences by Companies (S11)

Every person who was in charge, or responsible to the company at the time of the offence.
Provided that no person is liable if he proves: (i) Offence committed without his knowledge (ii) He exercised all due diligence to prevent the offence.