Equal Remuneration Act,1976

Submitted to submitted byMrs. Anamika Sharma Maryada Jain

Introduction

• The Doctrine of ‘equal pay for equal work’ is not a fundamental right but a Constitutional right.

• Equal remuneration for men and women is the right of an employee without any qualification.

• The Act of Equal Remuneration, 1976 was enacted to comply with the provisions of Directive Principle of State Policy (DPDP) under Article 39.

Objectives of the actThe 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.

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. 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.

EQUAL REMUNERATION ACTS AND RULES, 1976

The implementation of the Equal Remuneration Act, 1976 is done at two levels.

1. The central sphere2. The state sphere

Central Sphere:

• The Act is being implemented by the Central Government in relation to any employment carried under the authority of the Central Government established by or under a Central Act.

• In the Central sphere, the enforcement of Equal Remuneration Act, 1976 is entrusted to the Chief Labour Commissioner.

• The Central Government appointes Labour Enforcement Officers as Inspectors for the purpose to check as to whether the provisions of the Equal Remuneration Act, 1976 are being complied with by the employers or not.

State Sphere

• In respect of all employments other than those where the Central Government is appropriate the implementation rests with the State Governments.

• In the case of employments where the State Government are appropriate authorities, the enforcement of the provisions of the E.R.Act, 1976 is done by the officials of the State Labour Department.

• The Central Government monitors the implementation of the provisions of the Equal Remuneration Act, 1976 by the State Governments.

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]

Act not to apply in certain special cases. --

• Nothing in this Act shall apply—(A) 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.

Thank you