Equal remuneration act 1976

equal remuneration act- introduction, definition and other provisions

1. Equal Remuneration Act 1976 By Dr. Sridevi Krishna Asst. Professor VVLC

2. Article 39(a) states that the citizens, men and women , equally, have the right to an adequate means of livelihood. Article 15 guarantees a right against discrimination Article 15(3) recognizes ‘protective discrimination’ to bring women at par with men in all possible respects. 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 .”

3. Objectives of the act The equal remuneration act,1976 aims : 1. To pay equal remuneration to men and women workers. 2. To prevent discrimination, on the grounds of sex, against women in the matter of employment. 3. To provide increasing opportunity to women. 4. To set-up advisory committees to promote employment opportunities for women.

4. The salient features of the Equal Remuneration Act, 1976 1. The Act is a Central Legislation and applies to the whole of India . 2. Restricts the employer to create terms and conditions in a contract of service or work of labor contrary to equal pay for equal work doctrine and the provisions of Equal Remuneration Act. 3. The Act applies to all workers even if engaged only for a day or few days. 4. The Ministry of Labor and The Central Advisory Committee are responsible for enforcing this Act

5. 5. When the employer doesn’t comply with the provisions of the act, he will be liable to pay fine , imprisonment, or both. 6. Any settlement or any agreement with the employee that is harmful to the employee isn’t allowed.

6. 2(g ) "remuneration" means the basic wage 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 terms of the contract of employment, express or implied, were fulfilled;

7. (h) " same work or work of a similar nature" means work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required to a woman are not of practical importance in relation to the terms and conditions of employment;

8. Section 4: The duty of the employer to pay equal remuneration to both men and women workers for same work or work of similar nature No employer shall pay to any worker, employed by him in an establishment or employment, remuneration, cash or in kind at rates less favorable than those at which he pays remuneration to the workers of the opposite sex for performing the same work or work of a similar nature. The rate of remuneration of any worker will not be reduced to avoid complying with Section 4(1). In respect of any establishment, the rates of remuneration payable before the commencement of the Act for men and women for same or similar nature work is different only on the ground of sex, then the highest of the rates will be payable after the commencement of the Act.

9. Mackinnon Mackenzie and Co. Ltd.v . Audrey D'Costa , AIR 1987 SUPREME COURT 1281 , The applicability of the Act does not depend upon the financial ability of the management to pay equal remuneration as provided by it. The Act does not permit the management to pay to a section of its employees doing the same work or a work of similar nature lesser pay contrary to section 4(1) of the Act only because it is not able to pay equal remuneration to all. 

10. Section 5: No discrimination to be made while recruiting men and women workers For any recruitment or any condition of service after recruitment like promotions, training or transfer, for the same or similar nature work, the employer will not 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, ex-servicemen, retrenched employees or any other class or category of persons in the matter of recruitment to the posts in an establishment or employment.

11. C.B. Muthamma v. Union of India a complaint had been filed by the petitioner stating that she had unconstitutionally been denied promotion to Grade I of the Indian Foreign Service and further that at the time of joining foreign service the petitioner had to give an undertaking that she would resign from the Services if she got married. The petitioner challenged the constitutionality of Rule 8(2) of the Indian Foreign Service (Conduct & Discipline) Rules, 1961, according to which a women member had to get permission from the government before she got married and that the woman member can be asked to resign if her domestic commitments came in the way of discharging her duties in the service. Rule 18(4) of the Indian Foreign Service (Recruitment Cadre, Seniority and Promotion) Rules, 1961, further provided that no married woman was entitled as of right to be appointed to the service. The government undertook to delete Rule 8(2) and stated that Rule 18(4) had already been deleted. The Court directed the respondents to appoint the petitioner to the deserved seniority. It is pertinent to mention that in 1979 when this case had been decided, the Equal Remuneration Act had no provisions protecting women from discrimination during promotion, training or transfer which was included by amendment only in 1987.

12. Bhagwan Dass & Others v. State of Haryana & Others, 1987 The Court held that when it’s proved that the nature of duties and functions discharged and worked done similar, then the mode of selection and period of appointment is irrelevant and immaterial for the applicability of equal pay for equal work.

13. 6. Advisory committee (1) For the purpose of providing increasing employment opportunities for women, the appropriate government shall constitute one or more advisory committees to advise it with regard to the extent to which women may be employed in such establishments or employments as the Central Government may, by notification, specify in this behalf. (2) 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. (3) In tendering its advice, the advisory committee shall have regard to the number of women employed in the concerned establishment or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including part-time employment and such other relevant factors as the committee may think fit. (4) The advisory committee shall regulate its own procedure. (5) The appropriate government may, after considering the advice tendered to it by the advisory committee and after giving to the persons concerned in the establishment or employment an opportunity to make representations, issue such directions in respect of employment of women workers, as the appropriate government may think fit.

14. S 7 Authorities for hearing and deciding claims and complaints 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 a) complaints with regard to the contravention of any provision of this Act; b ) claims arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature.

15. Continued. In deciding any claim principle of natural justice shall be followed. Every authority appointed under sub-section (1) shall have all the powers of a civil court under the Code of Civil Procedure 1978 Any employer or worker aggrieved by any order made by an authority appointed under sub-section (1), on a complaint or claim may within thirty days from the date of the order, prefer an appeal

16. Maintenance of registers (Sec 8) Every employer is required to maintain prescribed registers and documents in relation to workers employed by him. category of workers Description of work No, if men employed Number of women employed Rate of remuneration Components of remuneration

17. 9. Inspectors (1) The appropriate government may, by notification, appoint such persons as it may think fit to be inspectors for the purpose of making an investigation as to whether the provisions of this Act, or the rules made thereunder , are being complied with by employers, and may define the local limits within which an inspector may make such investigation.

18. 10 (2)Penalties If, after the commencement of this Act, any employer— (a) makes any recruitment in contravention of the provisions of his Act, or (b) makes any payment or remuneration at unequal rates to men and women worker, for the same work or work of a similar nature, or (c) makes any discrimination between men and women workers in contravention of the provisions of this Act, or (d) omits or fails to carry out any direction made by the appropriate Government under sub-section (5) of Section 6. HE SHALL BE PUNISHABLE:- a) WITH FINE of 10,000-20,000rs OR WITH IMPRISONMENT FOR 3months – 1year OR WITH BOTH FOR THE FIRST OFFENCE, b) AND WITH IMPRISONMENT WHICH MAY EXTEND TO TWO YEARS FOR THE SECOND AND SUBSEQUENT OFFENCES

19. S 10 (1) (1) If after the commencement of this Act, any employer, being required by or under the Act, so to do- (a) omits or fails to maintain any register or other document in relation to workers employed by him, or (b) omits or fails to produce any register, muster-roll or other document relating to the employment of workers, or (c) omits or refuses to give any evidence or prevents his agent, servant, or any other person in charge of the establishment, or any worker, from giving evidence, or (d) omits or refuses to give any information, he shall be punishable 2[with simple imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both].

20. 15. Act not to apply in certain special cases Nothing in this Act shall apply- (a) to cases affecting the terms and conditions of a woman’s employment in complying with the requirements of any law giving special treatment to women, or (b) to any special treatment accorded to women in connection with- ( i ) the birth or expected birth of a child, or (ii) the terms and conditions relating to retirement, marriage or death or to any provision made in connection with the retirement, marriage or death.