THE
EQUAL REMUNERATION ACT, 1976
The Equal Remuneration Act is a gift of "the
International Women's Year" to women workers. It is enacted to give effect
to the provision of Article 39 of the Constitution of India which contains a
directive principle of equal pay for equal work for both men and women. The Act
provides for the payment of equal remuneration to men and women workers for the
same work or work of a similar nature and for the prevention of discrimination
on the ground of sex against women in the matter of employment. The main provisions
of the Act are as follows
APPLICABILITY
Applies
to "establishments" and 'employment' form the date this Act came into
force to such employment and establishment and establishments to men and women
workers. Does not apply when special treatment is given to women on account of
any law, in respect of child birth, marriage death and retirement [Section
2(6) & Section 4]
EQUAL PAY FOR EQUAL WORK: No employer
shall pay to any worker employed by him remuneration at rates less favourable
than those at which remuneration is paid by him to the workers of the opposite
sex for performing the same work or work of similar nature. [Section 4(1)]
NO DISCRIMINATION TO BE MADE WHILE
RECRUITING MEN AND WOMEN: No employer shall make any discrimination against women while making recruitment
for the same work or work of a similar nature. (Section 5)
EXCEPTIONS: The provisions of the Act shall be
inapplicable when special treatment is given to women under any law or when
special treatment is accorded to women in connection with the birth of a child.
[Section 15]
CLAIMS AND COMPLAINTS:
a. Complaints with
regard to the contravention of any provision of the Act and claims arising out
of non-payment of wages at equal rates to men and women workers for the same
work or work of similar nature shall be heard and decided by an authority
appointed by the appropriate Government. An appeal shall lie against any order
of the authority to an appellate authority appointed by the appropriate
Government (Section 7)
b. Monies due from
an employer arising of the decision of the authority or the appellate authority
can be recovered by making an application under Section 33-C(1) of the
Industrial Disputes Act, 1947. [Section 7(8)]
PENALTIES: If any employer (a) makes any recruitment
in contravention of the provisions of the Act, or (b) makes any payment of
remuneration at unequal rates to men and women workers, 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 the Act, he would be punished
with fine upto Rs. 10000.00 (Section 10)
MAINTENANCE OF REGISTER: Every employer
shall maintain in the prescribed form a register in relation to the workers
employed by him. (Section 8 & Rule 6)
WHAT IS MEANT BY EQUALITY OF WORK?: The equality of
work is not based on the designation or the nature of work alone. There are
several other factors, which are equally relevant. They are qualifications,
responsibilities, reliabilities, experience, confidentiality, functional need
and requirements commensurate with the position in the hierarchy
