Equal Remuneration Act

  a. The Equal Remuneration Act, 1976   

Object and Salient features

The object of the Act

1. Equal remuneration act, 1976 provides for the payment of equal remuneration to men

and women workers.

2. For prevention of discrimination, on the basis of sex, against women in the matter of

employment and for matters connected therewith or incidental thereto.

Features of the Act

1. The Act ensures against discrimination in the recruitment and promotion of men and women

2. Remuneration for equal work or work of similar nature for men and women

3. Prevents discrimination on the basis of sex.

4. No discrimination in the recruitment of women

5. The advisory committee to promote employment opportunities for women.

6. Appointment of officers for hearing the complaints.

7. Appointment of inspector for investigation and administration of the Act.

 The main objective of the act is gender equality, but by deciding different cases Supreme Court has extended its applicability generally to Article 14 and 16 of Indian Constitution

Act to have an overriding effect. Sec 3—

 whether made before or after the commencement of this Act, or in any instrument having effect under any law for the time being in force.

The Equal Remuneration Act, 1976 

Definition

Sec 2 (g)“Remuneration” means the basic wage or salary, and any additional emoluments whatsoever payable, either in cash or in-kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of employment, express or implied, were fulfilled;

Sec2 (h) “same work or work of a similar nature” means work in respect of which the skill,, efft and responsibility required are the same, when performed under similar working onditions, by a man or a woman and the differences, if any, between the skill, effort and esponsibility required of a man and those required of a woman are not of practical importance in rlation to the terms and conditions of employment;

The Equal Remuneration Act, 1976 

Equal remuneration to men and women

In Randhir Singh V. Union of India, 

The supreme court held that the principle of equal pay for eual work though not a fundamental right is certainly a constitutional goal. 

State of A.P V. Sreenivasa Rao: Equal pay for equal work does not mean that all the members of a cadre must receive the same y, irrespective of their seniority, source of recruitment, educational qualifications.

State of MP V. Pramod Bhartiya 

Conditions of service of lecturers working in Higher Secondary School in the state of Madhya radesh were governed by a set of rules. directed against discrimination against workmen and is not applicable to teachers or establishments to which they belong, yet the relevance of the said definition cannot be denied. 

M.P. Rural Agricultural Extention Officers Association V. State of M.P. and Another

Rural agricultural extension officers, those with degrees and more qualified given more wages than others. Held: it is not illegal. 

In M/s Mackinon Mackenzie & Co Ltd V. Andrey D’Costa

A female confidential stenographer after the termination of her service filed a petition under equal remuneration act, ---- she was paid lesser rates than those of male stenographers. Held: Discriminatory Yes

The Equal Remuneration Act, 1976   

No discrimination to be made while recruiting men and women workers. No discrimination to be made while recruiting men and women workers Sec 5men and children, the section provides immunity from employment at those places.

Provided that the provisions of this section shall not affect any priority or reservation for cheduled Castes or Scheduled Tribes, ex-servicemen, retrenched employees or any other class/category of persons in the matter of recruitment to the posts in an establishment or employement.

The Equal Remuneration Act, 1976  Advisory Committee The advisory committee must consist of at least 10 people, which will be nominated by the  government. Women must consist of one-half of this committee because that will help in formulation of policies with the help of people who are the real stakeholders.

Section 6(3) states that for tendering advice the Advisory Committee should consider 

• Number of women at work
• Nature of work
• Hours of work
• Suitability of women
• Need to provide opportunities

The Equal Remuneration Act, 1976 

Power of Appropriate Government to appoint authorities for hearing and deciding claims and complaints.

Advisory Committee S.  6(1) of Act :

Advisory Comm,be created by the appropriate government which will aid the purpose increasing employment opportunities

Section 7 of the Act states that the complaints and claims regarding the infringement of this Act shall be addressed to the appointed officer for the purpose of hearing and deciding—

1. complaints with regard to the contravention of any provision of this Act;

2. claims arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature.

Thus, we see there are various provisions to safeguard the rights of the people.