Equal Renumeration Act provided all possible exclusions, which helps with the protection of interests of women who require special treatment. This emanates the idea of equity and the spirit of protection of all kinds of rights . The Equal Remuneration Act, 1976
2. INTRODUCTION
The Act of Equal Remuneration, 1976 was enacted to comply with the provisions of Directive Principle of State
Policy (DPDP) under Article 39.
The equal remuneration act,1976 aims :
1. To pay equal remuneration
2. To prevent discrimination
3. To provide increasing opportunity to women.
4. To set-up advisory committees to promote employment opportunities for women.
3. FEATURES
1. The Act is applied to the whole of India.
2. Restricts 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 the Act.
3. The Act applies to all workers even if engaged
4. The Ministry of Labor and The Central Advisory Committee are responsible for enforcing this Act
5. When the employer does not comply with the provisions of the act, he will be liable to pay fine, imprisonment, or
both.
6. Any agreement with the employee that is harmful to the employee is not allowed.
4. PROVISIONS
1. Duty of employer to pay equal remuneration to men and women workers for the same work or work of similar
nature
2. No discrimination to be made while recruiting men and women workers
3. Advisory committee
4. Every employer is required to maintain registers and other documents in relation to the workers
5. The appropriate government shall appoint inspectors for the purpose of investigation of compliance with the
provisions of this act.
6. Power to make declaration
7. Power to make declaration
5. 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.
6. OFFENCE & PENALTIES
Offence Penalty
Employer omits/fails to
-maintain the register
-produce the register and other document
-give evidence or any information
Maximum: Rs 10,000
OR
Maximum Imprisonment: 1 month
OR
Both
Employer makes
-any recruitment in contravention of the
this act
-any payment of remuneration at an unequal rate
the same work
-any discrimination between a man and woman
Minimum: Rs 10,000
Maximum: Rs 20,000 OR
Minimum Imprisonment:3 months
Maximum Imprisonment:1 year OR
Both
Failure to produce the register or any other document
the Inspector
Maximum: Rs 500
7. CONCLUSION
The Act provided all possible exclusions, which helps with the protection of interests of women who
require special treatment. This emanates the idea of equity and the spirit of protection of all kinds of
rights . The Equal Remuneration Act, 1976, helps in bridging the gap between unequal remuneration faced
by the women of our country. By the successful implementation of the Act, India is moving closer to being
a country, which treats its men and women equally.