What Is The Equal Remuneration Act, 1976?

Introduction

Most of the individuals usually get confused about what are their rights and as well as whenever it comes to wage differences by gender. They often ask: “Am I being paid less for the same work just because of my gender?”

This is the question that is asked by the individuals in most of the industries that experience wage inequality, even though there are laws against it. This article will give you all information you need to know about Equal Remuneration Act, 1976 and how it plays an important role in providing equal wages for men as well as for women, and what to be done if you have been discriminated against it. 

What Is the Equal Remuneration Act, 1976?

This Act came into force to prevent the practice of paying men as well as women differently for the same work. As per the Act, an individual of either of the gender should receive equal compensation for performing the same or similar tasks or the duties.

The Act is applicable to both public and private sector workers and includes work performed in several industries, including factories, plantations, and mines. Although the Equal Remuneration Act was included as one of the codes in the Wage Code, 2019, its original intent and most important points continue to play a role in India's labor law system and will continue to support and advocate for achieving gender parity in wages and work. 

Understanding Your Rights Under the Equal Remuneration Act

Employers are required under the Equal Remuneration Act to pay men and women equally for equal or essentially similar work performance, which forbids salary discrimination between genders. This often signifies that your company is in breach of the Equal Remuneration Act if you and your male coworker are undoubtedly carrying out the same or comparable job activities and you are paid substantially less than your coworker.

It is forbidden for employers to justify paying lower salaries on the basis of gender. You have legal options to contest this type of salary discrimination if you find yourself in such a circumstance. 

What Should You Do If You Experience Wage Discrimination?

1. Speak to Your Employer: The first step is to confront your employer about this issue.

2. Gather All Necessary Documents: Secondly, you need to have all the following types of documents in order to start a wage discrimination claim; like the pay stubs, job descriptions, or any other type of document that supports your claim for the wage discrimination.

3. Consult an Employment Lawyer: Once you have in hand all these documents, you can contact an employment attorney to help you assist you in establishing your legal rights that is based on the evidence you must have collected.

4. File a Complaint with the State Labour Agency: If at all your employer denies your claim, you can file a wage discrimination complaint with the state's labor agency.

5. Investigation by the Labour Authority: Then the agency will investigate your complaint, and if at all they find that your employer has violated the law, they will force your employer to either pay you the exact same wages as of the other employees or face legal penalties.

6. Approach the Local Labour Authority: In case your employer denies it, then you can also approach the local labor authority to lodge your complaint about wage discrimination. If they will find that the employer has indeed breached the law, they will make sure that the employer either pays the equal wages or suffer the consequences.

What Happens If Your Employer Ignores the Act?

If at all your employer is not adhering to the Equal Remuneration Act or he does not undertake the necessary measures. They you can:

• File a Report with a Labor Commissioner: The wage discrimination needs to be reported to the Labor Commissioner or with any other authority who particularly handles such matters.

• Legal Procedure: If at all the matter get worse you need to resolve it through a labor court or with the industrial tribunal. 

How to Ensure Fair Treatment in the Workplace

• Know Your Rights: The most effective strategy to security is to be aware of your rights and take action to report any instances of pay discrimination as knowledge is power.

• Maintain Proper Documentation: You need to maintain all the paperwork of your work, pay, and as well as the obligations in the event that is needed to prove your case.

• Speak to Your Employer or Consult a Lawyer: If you believe that your employer has been treating you very unfairly, then you do not need to be reluctant to speak to them or to directly contact a lawyer.

• Enforce Your Right to Equal Pay: The Equal Remuneration Act totally gives you the right to seek equal wages in the workplace and it also gives you the resources you need to keep your employer accountable.

How lead india can help?

1. Connect You with the Experienced Employment Lawyers to advise you on the wage discrimination, equal pay rights, as well as the remedies under Equal Remuneration Act and applicable labour laws.

2. Assist in Filing Complaints before Labour Commissioner, labour authorities, or any other appropriate forums against the discriminatory pay practices.

3. Represent You in the Employment Disputes involving the unequal wages, gender-based discrimination, unfair labour practices, as well as the related legal proceedings.

4. Provide Legal Support in the Evidence Collection and Documentation to strengthen all of your wage discrimination claim with the proper records and legal strategy.

5. Offer End-to-End Legal Assistance from the legal consultation and notice drafting to the negotiations, litigation, as well as the enforcement of your right to equal remuneration.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.