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Equal Remuneration Act 1976
1. Equal Remuneration Act, 1976
-Equal pay for equal work
• aims to provide for the payment of equal remuneration to
men and women.
• ‘Remuneration' means the basic wage or salary and any
additional emoluments whatsoever payable, either in cash
or in kind
• The Central Industrial Relations Machinery (CIRM) in the
Ministry of Labour is responsible for enforcing this Act.
2. Provisions of the ActProhibits remuneration at rates less favorable than those at
which remuneration is paid to the workers of the opposite sex
for performing the same work or work of a similar nature.
Discrimination against women while recruitment for the same
work or work of a similar nature, or in service subsequent to
recruitment such as promotions, training or transfer, except where
the employment of women in such work is prohibited or restricted
by law
Every employer shall maintain registers and other documents in
relation to the workers employed by him/ her in the prescribed
manner. (FORM-D)
3. Penalties
Employer –
• Makes any discrimination between men and women
workers in contravention of the provisions of the Act
He would be punished with fine up to Rs. 10000
, imprisonment or both
Companyevery person who at the time the offence, was in charge
of, and was responsible for the conduct of the company, as
well as the company, shall be deemed guilty of the offence.
4. Supreme Court of India, Mackinnon Mackenzie v.
Audrey D’Costa 1987
• Supreme Court of India found that Ms D’Costa had received much lower pay
than her male colleagues performing work of equal value.
• The fact that there was no man employed in the same job in the company
was irrelevant
• Principle of equal remuneration presupposed that the same level of pay be
guaranteed not only to persons performing identical jobs but also to persons
performing different work but considered to be of equal value.
• The Court refused to cancel the corrective measures that had been taken for
the benefit of Ms D’Costa.