2. 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.
3. Objectives of the act
The 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.
4. 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. 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.
6. The implementation of the Equal Remuneration
Act, 1976 is done at two levels.
1. The central sphere
2. The state sphere
7. 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.
8. 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.
9. 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]
10. 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.
