The Equal Remuneration Act, 1976 And Rules
THE EQUAL REMUNERATION ACT, 1976
Objective:The Act aims to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto.
Important Definitions:
a. Employer: has the meaning assigned to it in the Payment of Gratuity Act, 1972.
b. Worker: means a worker in any establishment or employment in respect of which, this Act has come into force.
Application:The act applies to various establishments and occupations as notified by the Central government from time to time. The act prohibits payment by an employer to any worker, employed by him in an establishment or employment, remuneration, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature. Further, no employer shall, while making recruitment for the same work or work of a similar nature, (or in any condition of service subsequent to recruitment such as promotions, training or transfer,) make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law.
Authorities under the act:
a. Advisory Committees: These are constituted by the appropriate government for the purpose of providing increasing employment opportunities for women.
b. Labour officers: The appropriate Government may, appoint such officers, not below the rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and deciding claims and complaints under the Act.
c. Inspectors: Appointed by the appropriate government for the purpose of making investigations as to whether the provisions of this Act, or the rules made there under, are being complied with by employers.
Penalties:1. If any employer:(a) omits or fails to maintain any register or other document in relation to workers employed by him, or(b) omits or fails to produce any register, muster-roll or other document relating to the employment of workers, or(c) omits or refuses to give any evidence or prevents his agent, servant, or any other person in charge of the establishment, or any worker, from giving evidence, or(d) omits or refuses to give any information,he shall be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both.
2. If any employer:(a) makes any recruitment in contravention of the provisions of this Act, or(b) makes any payment of remuneration at unequal rates to men and women workers, 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 with fine which shall not be less than ten thousand rupees, but which may extend to twenty thousand rupees or with imprisonment for a term which shall be not less than three months but which may extend to one year or with both for the first offence, and with imprisonment which may extend to two years for the second and subsequent offences.
3. If any person being required so to do, omits or refuses to produce to an Inspector any register or other document or to give any information, he shall be punishable with fine which may extend to five hundred rupees.
Exemptions:Nothing in this Act shall apply:
(a) to cases affecting the terms and conditions of a women’s employment in complying with the requirements of any law giving special treatment to women, or
(b) 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.
THE EQUAL REMUNERATION ACT RULES, 1976
A complaint or claim under the Act may be made by the worker himself or herself or by any legal practitioner, or by any official of a registered Trade Union, authorized in writing to appear and act on his or her behalf or by any Inspector appointed or any other person acting with the permission of the Authority.
Every employer shall maintain up-to-date a register in relation to the workers employed by him, in Form D, at the place where workers are employed.