The Equal Remuneration Act of 1976 aims to eliminate discrimination in wages between men and women workers for equal work. It was inspired by Article 14 and Article 39(d) of the Indian Constitution guaranteeing equality and equal pay for equal work regardless of sex. The Act applies to all public and private establishments across India, including domestic work. It mandates that no worker can be paid a remuneration rate less favorable than that paid to workers of the opposite sex for performing the same or similar work. Employers cannot reduce wages to comply and must pay the highest rate if multiple rates exist for men and women. The burden of proof lies with employers to prove any wage differences are due to qualifications, not sex. The Act prohibits

1. Equal Remuneration Act, 1976.
- G Ojha

2. Background.
 Discrimination in wages on the ground of sex has
been seen in many countries of the world.
 In 1951 the ILO adopted equal remuneration for men
and women workers for work of equal value.
 Article 14 (Right to Equality) and Article 39(d) of the
constitution have inspired this Act. Article 39(d) says
“equal pay for equal work for both Men & Women”

3. Coverage.
 The Act extends to the whole of India.
 The Act extends to all establishments, employments
public or private including domestic service.

4. Equal Remuneration.
a) No worker is to be paid remuneration at rates less
favourable than what is paid to the opposite sex for
performing the same work or work of a similar nature.
b) No employer shall reduce the rate of remuneration for
complying with (A) above;
c) Where there are (i) two different rates for men & women or
(ii) more than two rates, then the higher of the rates in
case of former and the highest in case of the letter will be
paid from the date of convercement of Act. i.e. February,
1976.

5. Onus of Proof.
 The onus lies on the employer that the difference in
wages between a man & a woman was bonafide due
to some difference other than that of a sex.
 broadly, the skill, effort and responsibilities required are
to be the same when performed under similar working
condition.

6. Women.
 While making recruitment, promotions, transfer or training,
discriminate against women except where employment of
women in such work is prohibited or restricted by or under
any law for the time being in force.

7. Penalties.
If an employer :-
a)Makes any recruitment in contravention of provision of this
Act; or
b)Makes any perfect of remuneration at unequal rates to men &
women workers, for the same work or work of a similar nature;
or
c)Makes any discrimination between men & women works in
contravention of the provisions of the Act; or
d)Fails to carry out any direction by the Appropriate Govt. under
Section (5) of Section6, he shall be fined between 10,000/= to
20,000/= rupees or with an imprisonment for a term between 3
months and extending upto one tear.

8. Selected Case Laws.
1. The principle not applicable to professional services.
(C.Giri ambel Vs Govt. of A.P. (1981)2, S.C.
155)
2. A Settlement arrived at between the management and
employees cannot be a valid ground for effecting
discrimination.
(Mackinysion Mckenzie & Co. Vs. A. Decosta
(1987)2
3. No exemption to an employee on the ground or
financial incapability.
(Mackinysion Mckenzie & Co. (1987) SC 469)

9. Questions?

10. Thank you!