Equal Remuneration Act, 1976. - G Ojha

Background.

Discrimination in wages on the ground of sex has been seen in many countries of the world.

In 1951 the ILO adopted equal remuneration for men and women workers for work of equal value.

Article 14 (Right to Equality) and Article 39(d) of the constitution have inspired this Act. Article 39(d) says “equal pay for equal work for both Men & Women”

Coverage.

The Act extends to the whole of India. The Act extends to all establishments, employments

public or private including domestic service.

Equal Remuneration.

a) No worker is to be paid remuneration at rates less favourable than what is paid to the opposite sex for performing the same work or work of a similar nature.

b) No employer shall reduce the rate of remuneration for complying with (A) above;

c) Where there are (i) two different rates for men & women or (ii) more than two rates, then the higher of the rates in case of former and the highest in case of the letter will be paid from the date of convercement of Act. i.e. February, 1976.

Onus of Proof.

The onus lies on the employer that the difference in wages between a man & a woman was bonafide due to some difference other than that of a sex.

broadly, the skill, effort and responsibilities required are to be the same when performed under similar working condition.

Women. While making recruitment, promotions, transfer or

training, discriminate against women except where employment of women in such work is prohibited or restricted by or under any law for the time being in force.

Penalties.If an employer :-a)Makes any recruitment in contravention of provision of this Act;

orb)Makes any perfect of remuneration at unequal rates to men &

women workers, for the same work or work of a similar nature; orc) Makes any discrimination between men & women works in

contravention of the provisions of the Act; ord)Fails to carry out any direction by the Appropriate Govt. under

Section (5) of Section6, he shall be fined between 10,000/= to 20,000/= rupees or with an imprisonment for a term between 3 months and extending upto one tear.

Selected Case Laws.1. The principle not applicable to professional services.

(C.Giri ambel Vs Govt. of A.P. (1981)2, S.C. 155)2. A Settlement arrived at between the management and

employees cannot be a valid ground for effecting discrimination. (Mackinysion Mckenzie & Co. Vs. A. Decosta (1987)2

3. No exemption to an employee on the ground or financial incapability. (Mackinysion Mckenzie & Co. (1987) SC 469)

Questions?

Thank you!