Description

The main aim of the Equal Remuneration Act, 1976 is to bring equality & reduce discrimination on the basis of gender in case of employment. 

As per Article 39 of the Indian Constitution, the state must have to follow a policy that equally secures the man & woman for equal pay for equal work. Also, there must be no discrimination against the recruitment of men & women. 

Even Article 39 of the Constitution provides that the nation shall conduct its policy to ensure that there is a fair wage for equal employment for both men and women.

• Section 4 of this act states that -  it is the duty of the employer to pay equal remuneration to the male & female workers for the same work. 
• It is the responsibility of the employer to pay the same remuneration to their employees when are performing similar tasks in the same position.

• Section 5 of this act states that - the employer cannot hire employees or discriminate against the employees on the basis of gender. 

• A famous case in 1982, People’s Union Of Democratic Republic Vs. Union Of India - 

There was a difference in the wages paid to the female workers with respect to the male workers. Female workers were paid only 6 Rs per day While male workers get around 9 Rs per day. Both of them were performing the same nature of work. There was a huge difference in their wages due to their gender. 

Justice P. N. Bhagwati ordered that both the male & female workers should get the same wages for the same nature & amount of work. 

• Section 6 of this act states that - the government should appoint an advisory committee. The role of the Advisory Committee is to guide the organizations regarding the number of women employed, nature of their work, hours of their work & increase the opportunities for employment for women. 

• Section 7 of this act states that - the government can appoint an authority. The main role of the authority is to handle the claims & complaints regarding the unequal payment of wage or discrimination while hiring the employees on the basis of gender.

• Section 8 of this act states that - it is the duty of the employers to maintain a register about the documents & details of the employees. 

• No company shall pay any employee less than the rate at which it compensates workers of the opposite sex for similar work or work of a related nature.

• No distinction is to be made while selecting men and women workers.

• No company shall conduct any kind of activities or transfer. It prevents or reduces any prejudice towards women in such work or under any law for the time being in force.

• The requirements of this clause shall not affect any preference or engagement in the matter of recruitment to posts in any establishment or employment for economic employees of the Scheduled Castes or the Scheduled Tribes, ex-servicemen, any other group or division of persons.

• The appropriate management shall authorize one or more advisory organizations to advise.

• Every consultative commission shall consist of not less than ten characters of which one-half shall be women.

• The consultative commission shall have respect to the number of women engaged in the concerned business, the nature of work, hours of work, the appropriateness of women for employment

• A labor officer is to be understood and chosen to handle the claims & complaints

• Objection in respect of a contravention of any condition of this Act.

• Appeal in case of non-payment of wages to men and women at equal rates and

• In case of a complaint, adequate measures shall be taken by the company to ensure that no provision of this Act is contravened.

• Employers must record the cases in the registers.