This document is the Equal Remuneration Act of 1976 from the Ministry of Labour and Employment in India. It aims to provide equal pay for equal work regardless of gender. Some key points:
- It mandates equal pay for men and women performing the same or similar work. Employers cannot pay women less than men or reduce men's wages to comply.
- It prohibits discrimination in recruitment, promotions, training or transfers based on gender, except where certain laws restrict women in certain jobs.
- Advisory committees will be formed to increase employment opportunities for women and provide advice on suitable jobs.
- Authorities will be appointed to hear and decide complaints about violations and claims regarding unequal pay for equal work based
The Equal Remuneration Act of 1976 aims to provide equal pay for equal work between men and women. Key objectives include preventing discrimination against women in employment and increasing opportunities for women. The Act applies to all employers across India and mandates equal remuneration for men and women performing the same or similar work. It also prohibits discrimination in recruitment, training, or promotions based on sex. Advisory committees provide recommendations to increase women's employment. Authorities appointed by the government hear complaints and claims regarding violations and direct appropriate actions such as payment of unequal wages.
This document summarizes the key aspects of the Equal Remuneration Act, 1976 in India. The act aims to provide equal pay for equal work between men and women. It prohibits discrimination in recruitment, pay, and other employment conditions based on sex. Employers must pay men and women workers the same remuneration for the same or similar work and cannot discriminate in hiring, promotions, training or transfers. Employers must also maintain registers related to employees. Violations of the act, such as unequal pay or discrimination in recruitment, are punishable by fines or imprisonment.
The Equal Remuneration Act of 1976 aims to provide equal pay for equal work for men and women. It seeks to prevent discrimination against women in employment and provide increased job opportunities. The key features are that it applies across India, restricts discriminatory contracts, applies to all workers regardless of hours, and establishes enforcement authorities. Non-compliance can result in fines, imprisonment, or both. Implementation is done at the central level by the central government and at the state level by state governments. Exceptions are made for special treatment related to pregnancy, retirement, marriage or death.
The Payment of Wages Act regulates the payment of wages to workers in certain industries. It requires wages to be paid regularly and prohibits unauthorized deductions. The Act defines wages and applies to factories, railways, and other establishments. It specifies rules for fixing wage periods, timely payment of wages including upon termination, and permissible deductions such as for fines and loans. Employers must maintain registers with details of workers, work, wages paid, and deductions made. The Act aims to ensure proper and prompt payment of wages to workers.
The Equal Remuneration Act 1976 aims to provide equal remuneration to men and women workers for similar work. It prohibits discrimination in recruitment, promotions, training or transfers based on sex. Same work or work of a similar nature is defined as work requiring equal skill, effort and responsibility under similar working conditions. The Act establishes Advisory Committees with at least half women members to advise on increasing employment opportunities for women. Authorities are appointed to hear claims and complaints, and employers must maintain registers related to workers.
This document summarizes the key points of the Bonded Labour System (Abolition) Act of 1976 in India. The act aims to abolish the bonded labour system and prevent the economic and physical exploitation of weaker sections of society. Key provisions include:
- Abolishing the bonded labour system and freeing all bonded labourers from any obligations.
- Making any agreements, customs, contracts or instruments that compel bonded labour void.
- Extinguishing all bonded debts and prohibiting any recovery attempts through legal means.
- Restoring any seized property or forcibly taken possessions from bonded labourers.
- Dismissing any pending legal suits or proceedings related to bonded labour obligations.
The Equal Remuneration Act 1976 aims to provide equal pay for equal work regardless of sex. It was enacted to give effect to Articles 14, 16, and 39(d) of the Constitution of India. The Act has 3 chapters establishing employers' duties to pay equal wages to men and women for similar work, prohibiting discrimination in recruitment, and establishing penalties for non-compliance. In Bhagwan Dass v. State of Haryana, the court held that temporary appointments do not preclude equal pay if duties are similar to permanent employees.
1) The document discusses the key provisions of the Contract Labour Act of 1970 in India, which regulates the employment of contract labor.
2) It defines important terms like "contractor", "contract labor", and "principal employer".
3) The main provisions covered include registration of establishments employing contract labor, licensing of contractors, welfare measures for contract labor, penalties for non-compliance, and powers of inspection and rule-making.
The Equal Remuneration Act of 1976 aims to provide equal pay for equal work between men and women. Key objectives include preventing discrimination against women in employment and increasing opportunities for women. The Act applies to all employers across India and mandates equal remuneration for men and women performing the same or similar work. It also prohibits discrimination in recruitment, training, or promotions based on sex. Advisory committees provide recommendations to increase women's employment. Authorities appointed by the government hear complaints and claims regarding violations and direct appropriate actions such as payment of unequal wages.
This document summarizes the key aspects of the Equal Remuneration Act, 1976 in India. The act aims to provide equal pay for equal work between men and women. It prohibits discrimination in recruitment, pay, and other employment conditions based on sex. Employers must pay men and women workers the same remuneration for the same or similar work and cannot discriminate in hiring, promotions, training or transfers. Employers must also maintain registers related to employees. Violations of the act, such as unequal pay or discrimination in recruitment, are punishable by fines or imprisonment.
The Equal Remuneration Act of 1976 aims to provide equal pay for equal work for men and women. It seeks to prevent discrimination against women in employment and provide increased job opportunities. The key features are that it applies across India, restricts discriminatory contracts, applies to all workers regardless of hours, and establishes enforcement authorities. Non-compliance can result in fines, imprisonment, or both. Implementation is done at the central level by the central government and at the state level by state governments. Exceptions are made for special treatment related to pregnancy, retirement, marriage or death.
The Payment of Wages Act regulates the payment of wages to workers in certain industries. It requires wages to be paid regularly and prohibits unauthorized deductions. The Act defines wages and applies to factories, railways, and other establishments. It specifies rules for fixing wage periods, timely payment of wages including upon termination, and permissible deductions such as for fines and loans. Employers must maintain registers with details of workers, work, wages paid, and deductions made. The Act aims to ensure proper and prompt payment of wages to workers.
The Equal Remuneration Act 1976 aims to provide equal remuneration to men and women workers for similar work. It prohibits discrimination in recruitment, promotions, training or transfers based on sex. Same work or work of a similar nature is defined as work requiring equal skill, effort and responsibility under similar working conditions. The Act establishes Advisory Committees with at least half women members to advise on increasing employment opportunities for women. Authorities are appointed to hear claims and complaints, and employers must maintain registers related to workers.
This document summarizes the key points of the Bonded Labour System (Abolition) Act of 1976 in India. The act aims to abolish the bonded labour system and prevent the economic and physical exploitation of weaker sections of society. Key provisions include:
- Abolishing the bonded labour system and freeing all bonded labourers from any obligations.
- Making any agreements, customs, contracts or instruments that compel bonded labour void.
- Extinguishing all bonded debts and prohibiting any recovery attempts through legal means.
- Restoring any seized property or forcibly taken possessions from bonded labourers.
- Dismissing any pending legal suits or proceedings related to bonded labour obligations.
The Equal Remuneration Act 1976 aims to provide equal pay for equal work regardless of sex. It was enacted to give effect to Articles 14, 16, and 39(d) of the Constitution of India. The Act has 3 chapters establishing employers' duties to pay equal wages to men and women for similar work, prohibiting discrimination in recruitment, and establishing penalties for non-compliance. In Bhagwan Dass v. State of Haryana, the court held that temporary appointments do not preclude equal pay if duties are similar to permanent employees.
1) The document discusses the key provisions of the Contract Labour Act of 1970 in India, which regulates the employment of contract labor.
2) It defines important terms like "contractor", "contract labor", and "principal employer".
3) The main provisions covered include registration of establishments employing contract labor, licensing of contractors, welfare measures for contract labor, penalties for non-compliance, and powers of inspection and rule-making.
The document summarizes the key aspects of the Payment of Wages Act, 1936 in India. It outlines the applicability of the Act, definitions, responsibilities for wage payment, fixation of wage periods at a maximum of one month, timelines for payment within 7-10 days of the wage period, methods of payment, authorized deductions including fines and loans, and procedures for appeals. The purpose of the Act is to ensure timely and full payment of wages to employees without unauthorized deductions.
Thank you for the detailed summary of the Minimum Wages Act, 1948. This will help provide important context and an overview of the key aspects of the Act.
The Minimum Wages Act of 1948 was passed to protect unorganized workers in certain industries by establishing minimum wage rates. The Act aims to ensure wages are enough not just for a worker's subsistence but to maintain their work efficiency. It empowers the appropriate government to fix minimum wages for scheduled employments where exploitation is common. Key objectives include preventing exploitation, empowering governments to set and revise wages regularly, and applying the law widely in organized sectors. The Act outlines procedures for fixing and revising wages every five years and establishes advisory boards. It regulates payment and overtime wages, and penalties are prescribed for paying less than minimum wage.
This document summarizes key sections of the Payment of Wages Act of 1936 in India. It outlines 4 chapters that cover introduction and definitions, payment and deduction of wages, authorities under the act, and miscellaneous provisions. Some key points include: employers are responsible for paying wages on time; wage periods cannot exceed 1 month; deductions can only be made in certain cases like absence from work; contravention of the act is punishable by fines between 1500-7500 rupees. Any contract that deprives workers of their rights under this act is null and void.
The document summarizes the key aspects of the Minimum Wages Act of 1948 in India. It outlines definitions of terms like employee, employer, scheduled employment, wages. It discusses procedures for fixing minimum wages by the appropriate government, components of minimum wages, normal working hours and overtime wages. It also covers records to be maintained by employers, inspection powers, claims processes, offenses and penalties, exemptions and exceptions and rule making powers.
The Minimum Wages Act, 1948 aims to protect unorganized workers from exploitation by mandating minimum wages. Key points:
- It allows the government to set minimum wages for scheduled employments where workers are vulnerable to exploitation. Minimum wages must ensure subsistence as well as efficiency.
- Minimum wages are set based on ethics, not economics, and must be paid regardless of industry capacity. Industries unable to pay minimum wages must shut down.
- The Act defines wages and employees covered. It outlines procedures for fixing and revising minimum wages and ensures payment of minimum wages for overtime, piecework, and incomplete workdays.
- Penalties are prescribed for paying less than minimum wages. Compensation of up
Ir ppt-payment-of-wages-1936.pptxir-ppt-payment-of-wages-1936shashank37y
The Payment of Wages Act regulates the payment of wages to certain classes of employees in industries. It aims to ensure regular and timely payment of wages in a particular form without any unauthorized deductions. The Act applies to employees earning less than Rs. 6,500 per month in factories, railways and other establishments notified by the State Government. It mandates that wages be paid within a certain time period and specifies the limited deductions that can be made from wages. Non-compliance can result in penalties and employees can raise claims regarding unlawful deductions or delays in payment to appointed authorities.
The Equal Remuneration Act 1976 aims to provide equal pay for equal work to men and women workers. It prohibits discrimination in employment and pay based on sex. Key provisions include requiring employers to pay equal remuneration to men and women for similar work, not discriminating in recruitment based on sex, establishing advisory committees to promote employment opportunities for women, and appointing authorities to hear complaints regarding violations of the Act. Employers must also maintain registers related to workers as prescribed. Non-compliance can result in penalties like fines or imprisonment.
The Equal Remuneration Act 1976 aims to provide equal pay for equal work between men and women. It prohibits discrimination in employment and payment of remuneration on the basis of gender. The key features include applying to all employers across India, requiring equal pay for same or similar work, and prohibiting discrimination in recruitment, training or promotions. It established authorities to hear complaints and inspectors to investigate compliance. Employers who violate the provisions can face fines, imprisonment, or both. The Act aims to advance equal opportunity and treatment for women in employment.
The document summarizes the Equal Remuneration Act of 1976 in India. The objectives of the act are to ensure equal pay for equal work between men and women, prevent discrimination against women in employment, and provide increased employment opportunities for women. The act requires employers to maintain registers of workers and allows for government inspectors to investigate compliance by entering premises, examining documents, and interviewing employers and workers. Non-compliance is punishable by fines or imprisonment. The act aims to promote equal treatment and opportunities for women workers under the law.
The Payment of Gratuity Act of 1972 requires that employers pay gratuity to employees who have worked continuously for at least 5 years upon termination of employment. Gratuity is calculated as 15 days wages for each completed year of service, up to a maximum of 3.5 lakhs rupees. Employers must determine gratuity payable and notify employees and controlling authorities within 30 days. The act applies to shops, establishments, factories and other organizations employing 10 or more people. It specifies penalties for non-payment of gratuity or knowingly providing false information to avoid payment.
The document is the Payment of Gratuity Act of 1972. It provides a scheme for payment of gratuity to employees in factories, mines, ports and other establishments with 10 or more employees. Some key points:
- Gratuity is payable to employees with 5+ years of continuous service on superannuation, retirement, resignation, death or disablement.
- The maximum gratuity payable is Rs. 10 lakhs as per the latest amendment.
- Employers must obtain insurance from LIC or other insurers to cover their gratuity liability.
- Controlling authorities are appointed to administer the Act.
Gratuity is a reward provided by employers to employees in the form of money upon termination of employment for past services. The Payment of Gratuity Act of 1972 applies to establishments across India except Jammu and Kashmir with 10 or more employees. Employees are eligible for gratuity after 5 years of continuous service. Employers must determine gratuity amounts and provide notice to employees and authorities within 30 days. Gratuity can be forfeited partially or fully if an employee causes property damage or commits violent or criminal acts.
13 50 Ppt On The Minimum Wages Act 1948satyam mishra
The document summarizes the key aspects of the Minimum Wages Act of 1948 in India. It outlines definitions of terms like employee, employer, scheduled employment and wages. It discusses the fixing of minimum wages by appropriate governments, components and procedures for revision. It also describes normal working hours, overtime wages, records to be maintained and penalties for non-compliance.
The Equal Remuneration Act of 1976 aims to provide equal pay for equal work for both men and women as mandated by the Indian Constitution. The Act defines remuneration broadly to include basic wages as well as additional payments in cash or kind. It does not apply to laws that provide special treatment to women regarding maternity or retirement terms. Two key court cases are discussed. Garland v British Rail established that travel benefits can constitute pay. Pickstone v Freeman's affirmed that a woman can compare her job to a different man's job when making an equal pay claim.
The Payment of Gratuity Act of 1972 provides monetary benefits to employees in factories, mines, and other establishments upon their retirement or death after 5 years of continuous service. It aims to financially support workers who have given long years of service. The Act mandates timely payment of gratuity amounts, regulates nominations, and establishes penalties for non-compliance. It is an important social welfare law that protects employees' post-employment benefits.
The Payment of Gratuity Act, 1972 provides for mandatory gratuity payments to employees in India who have worked for over 5 years continuously in a company or establishment. Gratuity is calculated as 15 days wages for every completed year of service and paid as a lump sum on termination or retirement. The employer must determine gratuity payable, send notices to eligible employees, and make payment within 30 days of application or when it becomes due. Disputes over gratuity are handled by controlling authorities and appeals can be made within specified time limits.
A compilation of icai material as student friendly as a reference for their exams it includes even practice manual questions and some of the scanner questions. enjoy reading please do like the same
The document discusses the key provisions of the Payment of Gratuity Act of 1972 in India. It defines gratuity as a lump sum payment by an employer upon termination of employment as retirement compensation for past services. The Act applies to shops, establishments, factories and other organizations employing 10 or more people. It requires 5 years of continuous service for gratuity eligibility and specifies the calculation of gratuity amounts based on wages. The document also outlines nomination procedures, penalties for non-compliance, and the roles of controlling authorities and inspectors in administering the Act.
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 provides social security to industrial workers in India. It establishes provident funds, pension funds, deposit-linked insurance and other benefits for employees of covered organizations with 20 or more workers. All employees earning up to Rs. 6,500 per month must contribute 12% of wages to their provident fund, while employers must contribute 3.67% to provident funds and 8.33% to pension funds, as well as administrative fees. The Act mandates timely contribution payments, form submissions for new/leaving employees, and annual returns to ensure employee social security benefits are properly funded and administered.
Useful for Law students, MBA- HR students, CS Students, Employees , Employer.
I have also mentioned a list of forms generally used during gratuity.
Every body should be aware of do's and don't. Knowledge of your rights makes you powerful.
Application of the Act
When gratuity is payable
Amount of gratuity payable
Forfeiture of gratuity
Obligations and rights of the employer
Compliance under the Act
reference: http://blog.simplycareer.net/2013/06/gratuityact.html
I have also refereed other sites and text books.
The document summarizes the key aspects of the Payment of Wages Act, 1936 in India. It outlines the applicability of the Act, definitions, responsibilities for wage payment, fixation of wage periods at a maximum of one month, timelines for payment within 7-10 days of the wage period, methods of payment, authorized deductions including fines and loans, and procedures for appeals. The purpose of the Act is to ensure timely and full payment of wages to employees without unauthorized deductions.
Thank you for the detailed summary of the Minimum Wages Act, 1948. This will help provide important context and an overview of the key aspects of the Act.
The Minimum Wages Act of 1948 was passed to protect unorganized workers in certain industries by establishing minimum wage rates. The Act aims to ensure wages are enough not just for a worker's subsistence but to maintain their work efficiency. It empowers the appropriate government to fix minimum wages for scheduled employments where exploitation is common. Key objectives include preventing exploitation, empowering governments to set and revise wages regularly, and applying the law widely in organized sectors. The Act outlines procedures for fixing and revising wages every five years and establishes advisory boards. It regulates payment and overtime wages, and penalties are prescribed for paying less than minimum wage.
This document summarizes key sections of the Payment of Wages Act of 1936 in India. It outlines 4 chapters that cover introduction and definitions, payment and deduction of wages, authorities under the act, and miscellaneous provisions. Some key points include: employers are responsible for paying wages on time; wage periods cannot exceed 1 month; deductions can only be made in certain cases like absence from work; contravention of the act is punishable by fines between 1500-7500 rupees. Any contract that deprives workers of their rights under this act is null and void.
The document summarizes the key aspects of the Minimum Wages Act of 1948 in India. It outlines definitions of terms like employee, employer, scheduled employment, wages. It discusses procedures for fixing minimum wages by the appropriate government, components of minimum wages, normal working hours and overtime wages. It also covers records to be maintained by employers, inspection powers, claims processes, offenses and penalties, exemptions and exceptions and rule making powers.
The Minimum Wages Act, 1948 aims to protect unorganized workers from exploitation by mandating minimum wages. Key points:
- It allows the government to set minimum wages for scheduled employments where workers are vulnerable to exploitation. Minimum wages must ensure subsistence as well as efficiency.
- Minimum wages are set based on ethics, not economics, and must be paid regardless of industry capacity. Industries unable to pay minimum wages must shut down.
- The Act defines wages and employees covered. It outlines procedures for fixing and revising minimum wages and ensures payment of minimum wages for overtime, piecework, and incomplete workdays.
- Penalties are prescribed for paying less than minimum wages. Compensation of up
Ir ppt-payment-of-wages-1936.pptxir-ppt-payment-of-wages-1936shashank37y
The Payment of Wages Act regulates the payment of wages to certain classes of employees in industries. It aims to ensure regular and timely payment of wages in a particular form without any unauthorized deductions. The Act applies to employees earning less than Rs. 6,500 per month in factories, railways and other establishments notified by the State Government. It mandates that wages be paid within a certain time period and specifies the limited deductions that can be made from wages. Non-compliance can result in penalties and employees can raise claims regarding unlawful deductions or delays in payment to appointed authorities.
The Equal Remuneration Act 1976 aims to provide equal pay for equal work to men and women workers. It prohibits discrimination in employment and pay based on sex. Key provisions include requiring employers to pay equal remuneration to men and women for similar work, not discriminating in recruitment based on sex, establishing advisory committees to promote employment opportunities for women, and appointing authorities to hear complaints regarding violations of the Act. Employers must also maintain registers related to workers as prescribed. Non-compliance can result in penalties like fines or imprisonment.
The Equal Remuneration Act 1976 aims to provide equal pay for equal work between men and women. It prohibits discrimination in employment and payment of remuneration on the basis of gender. The key features include applying to all employers across India, requiring equal pay for same or similar work, and prohibiting discrimination in recruitment, training or promotions. It established authorities to hear complaints and inspectors to investigate compliance. Employers who violate the provisions can face fines, imprisonment, or both. The Act aims to advance equal opportunity and treatment for women in employment.
The document summarizes the Equal Remuneration Act of 1976 in India. The objectives of the act are to ensure equal pay for equal work between men and women, prevent discrimination against women in employment, and provide increased employment opportunities for women. The act requires employers to maintain registers of workers and allows for government inspectors to investigate compliance by entering premises, examining documents, and interviewing employers and workers. Non-compliance is punishable by fines or imprisonment. The act aims to promote equal treatment and opportunities for women workers under the law.
The Payment of Gratuity Act of 1972 requires that employers pay gratuity to employees who have worked continuously for at least 5 years upon termination of employment. Gratuity is calculated as 15 days wages for each completed year of service, up to a maximum of 3.5 lakhs rupees. Employers must determine gratuity payable and notify employees and controlling authorities within 30 days. The act applies to shops, establishments, factories and other organizations employing 10 or more people. It specifies penalties for non-payment of gratuity or knowingly providing false information to avoid payment.
The document is the Payment of Gratuity Act of 1972. It provides a scheme for payment of gratuity to employees in factories, mines, ports and other establishments with 10 or more employees. Some key points:
- Gratuity is payable to employees with 5+ years of continuous service on superannuation, retirement, resignation, death or disablement.
- The maximum gratuity payable is Rs. 10 lakhs as per the latest amendment.
- Employers must obtain insurance from LIC or other insurers to cover their gratuity liability.
- Controlling authorities are appointed to administer the Act.
Gratuity is a reward provided by employers to employees in the form of money upon termination of employment for past services. The Payment of Gratuity Act of 1972 applies to establishments across India except Jammu and Kashmir with 10 or more employees. Employees are eligible for gratuity after 5 years of continuous service. Employers must determine gratuity amounts and provide notice to employees and authorities within 30 days. Gratuity can be forfeited partially or fully if an employee causes property damage or commits violent or criminal acts.
13 50 Ppt On The Minimum Wages Act 1948satyam mishra
The document summarizes the key aspects of the Minimum Wages Act of 1948 in India. It outlines definitions of terms like employee, employer, scheduled employment and wages. It discusses the fixing of minimum wages by appropriate governments, components and procedures for revision. It also describes normal working hours, overtime wages, records to be maintained and penalties for non-compliance.
The Equal Remuneration Act of 1976 aims to provide equal pay for equal work for both men and women as mandated by the Indian Constitution. The Act defines remuneration broadly to include basic wages as well as additional payments in cash or kind. It does not apply to laws that provide special treatment to women regarding maternity or retirement terms. Two key court cases are discussed. Garland v British Rail established that travel benefits can constitute pay. Pickstone v Freeman's affirmed that a woman can compare her job to a different man's job when making an equal pay claim.
The Payment of Gratuity Act of 1972 provides monetary benefits to employees in factories, mines, and other establishments upon their retirement or death after 5 years of continuous service. It aims to financially support workers who have given long years of service. The Act mandates timely payment of gratuity amounts, regulates nominations, and establishes penalties for non-compliance. It is an important social welfare law that protects employees' post-employment benefits.
The Payment of Gratuity Act, 1972 provides for mandatory gratuity payments to employees in India who have worked for over 5 years continuously in a company or establishment. Gratuity is calculated as 15 days wages for every completed year of service and paid as a lump sum on termination or retirement. The employer must determine gratuity payable, send notices to eligible employees, and make payment within 30 days of application or when it becomes due. Disputes over gratuity are handled by controlling authorities and appeals can be made within specified time limits.
A compilation of icai material as student friendly as a reference for their exams it includes even practice manual questions and some of the scanner questions. enjoy reading please do like the same
The document discusses the key provisions of the Payment of Gratuity Act of 1972 in India. It defines gratuity as a lump sum payment by an employer upon termination of employment as retirement compensation for past services. The Act applies to shops, establishments, factories and other organizations employing 10 or more people. It requires 5 years of continuous service for gratuity eligibility and specifies the calculation of gratuity amounts based on wages. The document also outlines nomination procedures, penalties for non-compliance, and the roles of controlling authorities and inspectors in administering the Act.
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 provides social security to industrial workers in India. It establishes provident funds, pension funds, deposit-linked insurance and other benefits for employees of covered organizations with 20 or more workers. All employees earning up to Rs. 6,500 per month must contribute 12% of wages to their provident fund, while employers must contribute 3.67% to provident funds and 8.33% to pension funds, as well as administrative fees. The Act mandates timely contribution payments, form submissions for new/leaving employees, and annual returns to ensure employee social security benefits are properly funded and administered.
Useful for Law students, MBA- HR students, CS Students, Employees , Employer.
I have also mentioned a list of forms generally used during gratuity.
Every body should be aware of do's and don't. Knowledge of your rights makes you powerful.
Application of the Act
When gratuity is payable
Amount of gratuity payable
Forfeiture of gratuity
Obligations and rights of the employer
Compliance under the Act
reference: http://blog.simplycareer.net/2013/06/gratuityact.html
I have also refereed other sites and text books.
The document discusses social welfare programs in the United States. It covers topics such as how Americans' views of government assistance for the poor have changed over time, different types of welfare programs, and debates around universal health care. The key points are:
1) Americans have historically taken a more restrictive view than other nations on who is entitled to government assistance and have been slower to embrace the welfare state.
2) There are two kinds of welfare programs - majoritarian programs like Social Security that most citizens support, and client programs like Medicaid that are means-tested and face more questions about legitimacy.
3) Debates continue around ensuring access to health care for all Americans while containing costs and not reducing the quality
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
This document outlines four principal models of social welfare: 1) The familial model, best exemplified by France, where the family plays a large role in welfare. 2) The residual model, best exemplified by the US, where public welfare aims to help only the poor and needy. 3) The mixed economy model, seen in countries like Germany and Britain, that blend public and private insurance. 4) The model of state control, exemplified by the former Soviet Union, where the state controls all welfare. Each model is then described in 1-2 paragraphs.
The Equal Remuneration Act of 1976 aims to provide equal pay for equal work between men and women. The act prohibits paying remuneration to women at rates less favorable than men for the same or similar work. It also prohibits discrimination against women in recruitment, promotions, training or transfers. Employers must maintain registers related to employees. Violations of the act are punishable by fines up to Rs. 10,000 and imprisonment. In a 1987 case, the Supreme Court of India ruled that a woman must receive equal pay to men performing work of equal value, even if no men held the same job title.
The International Labor Organization (ILO) was established in 1919 as part of the League of Nations and is the only international organization that survived World War II. It became a specialized agency of the UN in 1946 and aims to promote world peace through social justice. The ILO is a tripartite organization with representatives of governments, employers, and workers. It currently has 183 member states and sets labor standards, provides technical assistance, and undertakes research to advance decent work for all.
Employee welfare refers to benefits and services provided to employees to improve their living standards. It aims to make work meaningful and includes amenities provided beyond wages. Statutory welfare includes provisions mandated by law like drinking water and first aid, while voluntary welfare differs between organizations. Welfare benefits employee morale, loyalty, and productivity while also improving the employer's public image. It is provided through agencies like governments, employers, unions, and social organizations. Common types are intramural facilities within offices and extramural benefits outside like housing and healthcare. Welfare schemes impact productivity by increasing commitment, satisfaction, and enthusiasm among workers.
A bonus payment is usually made to employees in addition to their base salary as part of their wages or Salary. While the base salary usually is a fixed amount per month, bonus payments more often than not vary depending on known criteria, such as the annual turnover, or the net number of additional customers acquired, or the current value of the stock of a public company. Thus bonus payments can act as incentives for managers attracting their attention and their personal interest towards what is seen as gainful for their companies' economic success. There are widely‐used elements of pay for performance and working well in many instances, including when a fair share of an employees participation in the success of a company is desired. There are, however, problematic instances, most notably when bonus payments are high. When they are tied to possibly short-lived figures such as an increase in monthly turnover, or cash flow generated from an isolated marketing action, such figures often do not reflect a solid reliable win for a company, and they certainly do not reflect a manager's lasting efforts to the company's best. On the contrary, such figures are prone to being adjusted or even manipulated to the benefit of those employees who are responsible for reporting them, while they are already planning their leave with a golden handshake.
The document provides an overview of the International Labour Organization (ILO):
1) The ILO promotes opportunities for men and women to obtain decent work through standards and technical assistance to member states.
2) It has a tripartite structure involving governments, employers, and workers in setting policies and has a mandate to promote fundamental labor rights and standards.
3) The ILO was established in 1919 and provides technical assistance to implement its goal of decent work worldwide.
This document discusses worker participation in management (WPM) in India. It defines WPM and explains its objectives and importance, including mutual understanding, higher productivity, and industrial harmony. Several forms of WPM are described, such as consultative participation, administrative participation, and decision/decisive participation. Examples of WPM levels in India include collective bargaining, works committees, shop councils, joint councils, and board representation. Challenges to effective WPM implementation in India are also outlined, as well as examples of WPM practices at Tata Steel and BHEL.
The International Labour Organization (ILO) is a UN agency that deals with labour issues and sets international labour standards. It was founded in 1919 to promote social justice and decent work. The ILO has a tripartite governing structure with representatives from governments, employers, and workers. It aims to advance workers' rights, employment opportunities, and social protection through setting and enforcing international labour standards. The ILO holds an annual International Labour Conference where its 194 member states establish labour policies and programs.
The Payment of Wages Act, 1936 regulates the payment of wages to certain classes of employed persons in India. It aims to ensure that wages are paid in a timely manner and deductions are only made as permitted under the law. The key aspects covered are:
1) It applies to persons employed in factories, transport services, mines and plantations.
2) Wages must be paid in current coins, currency notes or by cheque/bank credit within 7-10 days of the following month.
3) Only certain permitted deductions can be made for things like taxes, loans, damages or absence from work.
4) Authorities like Labour Commissioners are empowered to hear claims regarding unpaid wages or wrong
The Factories Act of 1948 in India aims to ensure health, safety, and welfare standards for workers in factories. It defines a factory as a premises with 10 or more workers and manufacturing processes. The Act covers provisions around facilities, hazardous materials, working hours, leaves, and penalties for noncompliance. It was amended in 1987 to strengthen protections for workers involved in hazardous processes.
The Payment of Gratuity Act of 1972 provides a scheme for payment of gratuity to employees in factories, mines, oilfields, plantations, ports, railways, shops or other establishments with 10 or more employees. It requires employers to pay gratuity to eligible employees at the rate of 15 days wages for each completed year of service. The gratuity is payable to employees on superannuation, retirement, resignation or death/disability after 5 years of continuous service. If an employer fails to make payment within 30 days, interest is payable for delayed payment. Disputes over gratuity amounts are resolved by controlling authorities through inquiry and appeals.
The International Labour Organisation (ILO) was established in 1919 as part of the League of Nations to promote social justice and decent work. It is the only United Nations agency that survived World War II. The ILO aims to advance opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity. It has 183 member states and brings together governments, employers and workers representatives to set labour standards, develop policies and devise programmes promoting decent work.
The Maternity Benefits Act, 1961 provides maternity leave and benefits to protect the dignity of motherhood. It applies to all establishments with 10 or more employees. Eligible women receive 84 days of paid maternity leave before and after delivery. The Act prohibits dismissal of pregnant women and provides other benefits like nursing breaks and medical reimbursement. Employers must maintain proper records and may face penalties for violations of the Act. In a 2012 case, a woman successfully sued her former employer for sacking her while pregnant in contravention of the Act.
Shweta Pagedar will present on the objectives of the Act, historical backdrop, broad features, who is eligible, sections 1-4 and segregation of topics. Jaymeen Bhalgamadia will present on sections 5, 7-14, 17, 18, 20, 22, 25, 27-29. Lalit Bourasi will present on state amendments and recent cases.
The Workmen's Compensation Act, 1923 provides compensation to workmen and their dependents for injuries arising out of and in the course of employment. The Act applies to various hazardous occupations and establishments. It defines key terms like employer, dependant, disablement and wages. Employers are liable to pay compensation in cases of work-related injuries or death. The amount of compensation depends on the nature of injury, wages and relevant factors. It can be paid as lump sum or monthly payments. Commissioners are appointed to determine compensation amounts and resolve disputes. Appeals against commissioner's orders can be made to the High Court within 60 days.
This document outlines the Equal Remuneration Act of 1976 in India, which aims to provide equal pay for equal work regardless of gender. Key points:
- It mandates equal remuneration for men and women performing the same or similar work. Employers cannot pay women lower wages or discriminate against them in recruitment or promotions.
- Advisory committees provide recommendations to increase women's employment opportunities. Authorities were appointed to hear claims and ensure compliance.
- Employers must maintain records and allow inspections. Non-compliance is punishable with fines or imprisonment. The Act overrides any conflicting laws or contracts.
This document is the Equal Remuneration Act of 1976 in India. It aims to provide equal remuneration to men and women workers for the same or similar work. Some key points:
- It prohibits employers from paying women lower wages than men for equal work. If pre-existing wages were different only due to sex, the higher wage must be paid.
- Employers cannot discriminate against women in recruitment, promotions, training or transfers.
- Advisory committees will advise on increasing women's employment opportunities.
- Authorities can be appointed to hear claims of unequal wages or other violations. Fines and imprisonment are prescribed penalties for non-compliance.
This document is the Equal Remuneration Act of 1976 in India. It aims to provide equal remuneration to men and women workers for the same or similar work. Some key points:
- It prohibits employers from paying women lower wages than men for equal work. If pre-existing wages were different only due to sex, the higher wage must be paid.
- Employers cannot discriminate against women in recruitment, promotions, training or transfers.
- Advisory committees will advise on increasing women's employment opportunities.
- Authorities can be appointed to hear claims of unequal pay and take necessary actions like ensuring compliance.
- Employers must maintain registers related to workers. Inspectors can investigate compliance
This highlights the important provisions on Equal remuneration Act, 1976 with important legal provisions stating historical background, constitutional validity, salient features of the act, powers, judicial outlook and recommendations
The document provides an overview of key Indian labour laws including the Minimum Wages Act, 1948, Payment of Wages Act, 1936, Equal Remuneration Act, 1976, and Employees' State Insurance Act, 1948. It discusses the objectives of establishing minimum wages and ensuring equal pay for equal work for men and women. It also explains provisions around payment of wages, occupational injuries, and social security benefits for employees.
Acts and Laws (objectives and key provisions):
1. The Industrial Disputes Act, 1947
2. The Industrial Employment (Standing Orders) Act, 1946
3. The Maternity Benefit Act, 1961
4. The Payment of Bonus Act, 1965
5. The Payment of Gratuity Act, 1972
6. The Payment of Wages Act, 1936
7. The Trade Unions Act, 1926
8. The Employees Provident Fund and Miscellaneous
Provisions Act, 1952
9. The Employees Compensation Act, 1923
10. The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
The Bonded System Act 1976,Major provision of the Minimum Wages Act 1948Md Abdul Gafoor
The document summarizes key aspects of two acts:
1) The Bonded Labour System (Abolition) Act, 1976 which abolished the bonded labour system and freed bonded labourers from repayment obligations. It made related agreements, customs, and debts void.
2) The Minimum Wages Act, 1948 which aims to provide minimum wages to workers through a statutory framework. It defines relevant terms and outlines procedures for fixing minimum wage rates by location, employment type, and other factors. Violations are punishable by law.
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
Employment Exchange [Sec. 2]- It means any office or place established and maintained by the Government for the collection and furnishing of information either by keeping of registers.
Establishment [Sec. 2]. It means any Office, or any place where any industry, trade, business or occupation is carried on. Establishment in public sector means an establishment owned, controlled and managed by the Government. Establishment in private sector where ordinarily twenty five or more persons are employed to work for remuneration.
The document summarizes key aspects of several Indian labor laws:
1) The Minimum Wages Act establishes minimum wage rates to prevent exploitation and applies to permanent, contract, and casual workers.
2) The Payment of Wages Act regulates wage payment, deductions, and timing to ensure timely and full payment.
3) The Equal Remuneration Act provides for equal pay for equal work between men and women to prevent gender-based discrimination.
4) The Employee State Insurance Act and Employees' Provident Fund Act establish social security schemes administered by autonomous bodies that provide medical, pension and other benefits funded by mandatory employer and employee contributions.
This document outlines the Labour Code of Yemen, which was promulgated in 1995. It establishes 15 chapters that regulate various aspects of employment, including general provisions, rules on employment, contracts of employment, regulation of work for women and young persons, wages and allowances, hours of work and leave, duties and penalties, training, occupational safety and health, insurances, labour inspections, labour disputes and strikes, workers' and employers' organizations, and penalties. Key aspects covered include non-discrimination in employment, priority of workers' debts, and establishing a Labour Council to advise the government on labour policies and issues.
This document is a federal decree-law from the United Arab Emirates regarding the regulation of employment relationships. Some key points:
- It defines terms related to employment such as employer, worker, wage, workplace, etc.
- It aims to ensure efficiency in the UAE labor market, regulate rights and obligations of employers and employees, enhance flexibility, and provide protections.
- It applies to all private sector establishments, employers and workers in the UAE. Certain categories like government employees are excluded.
- It prohibits discrimination in employment and aims to enhance participation of UAE citizens. Equal pay is required for equal work regardless of gender.
- Strict conditions are outlined for the employment of juveniles under 18,
The document provides an overview of the Minimum Wages Act of 1948 in India. Some key points:
- The Act was passed to ensure minimum wages for workers in certain industries and prevent exploitation. It allows the appropriate government to fix minimum wages for scheduled employments.
- Objectives include providing minimum wages, stopping worker exploitation, and empowering governments to set and revise minimum wages regularly.
- It covers processes like wage fixation and revision every five years, payment of wages, and penalties for paying less than the minimum.
- Record keeping, claims processes, and the powers of state and central governments are also outlined. The overall purpose is to protect workers' livelihoods and work efficiency through minimum wage
The Minimum Wages Act of 1948 was passed to protect unorganized workers in certain industries by establishing minimum wage rates. The Act aims to ensure wages are enough not just for a worker's subsistence but to maintain their work efficiency. It empowers the appropriate government to fix minimum wages for scheduled employments where exploitation is common. Key objectives include preventing exploitation, empowering governments to set and revise wages regularly, and applying the law widely in organized sectors. The Act outlines procedures for fixing and revising wages every five years and establishes advisory boards. It regulates payment and overtime wages, and penalties are prescribed for paying less than minimum wage.
This document provides an introduction and overview of India's Minimum Wages Act of 1948. It discusses that the act sets minimum wages that must be paid to skilled and unskilled laborers. It established wage boards to review industries' capacity to pay and fix minimum wages to cover basic family requirements. The objectives of the act include providing income security, eliminating low wages, and establishing fair labor standards. It also describes the authorities established under the act, such as advisory boards, and penalties for employers who pay less than the minimum wage.
The document provides an overview of the Minimum Wages Act of 1948 in India. Some key points:
- The act was created to set minimum wages in industries where workers have little bargaining power and are not well-organized. It aims to provide an irreducible level of wages to meet basic necessities like food, shelter and clothing.
- Minimum wages can vary between states and locations. The act establishes a machinery for determining minimum wage rates in scheduled employments.
- It defines important terms like "employer", "wages", and outlines the process for fixing and revising minimum wages, which includes appointing committees to advise the government.
- Minimum wages are fixed considering factors like location, age,
The document provides an overview of the Minimum Wages Act of 1948 in India. Some key points:
- The act was passed to provide statutory minimum wages in "sweated industries" where workers have little bargaining power. It aims to ensure a minimum living standard for workers.
- Minimum wages can vary by state, locality, occupation, and worker characteristics. The appropriate government authority is empowered to fix and periodically revise minimum wage rates.
- Rates are set for both time and piece work. Components include a basic wage adjusted for cost of living, and allowances. Employers must not pay less than the statutory minimum.
- Procedures include appointing committees to advise on rates or publishing
This document outlines the key chapters and articles of UAE labor law. It defines important terms like employer, worker, establishment, employment contract, remuneration, and work. It discusses employment regulations for nationals and non-nationals, including giving preference to Arab workers from other countries when national workers are unavailable. It also covers requirements for obtaining work permits for non-national employees and conditions under which the Ministry of Labor can cancel work permits. The law aims to protect worker rights while prioritizing employment opportunities for UAE nationals.
The document defines various human resource management (HRM) jargon terms, including their meanings and examples of usage in an employment context. Some key terms summarized include:
- Attrition refers to a reduction in workforce due to retirement, resignation, or death. Acquisition is the act of gaining possession of another business through purchase.
- Absenteeism is an unexcused voluntary absence from work. Benchmarking sets standards to evaluate actual performance against.
- Brainstorming involves group discussion to generate new ideas. The carrot and stick approach uses rewards and penalties to motivate employee performance.
- Competitive advantage refers to superior value provided compared to competitors. Leverage means achieving high returns with low
This document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. The act established the Employees' State Insurance Corporation to provide certain benefits to employees such as sickness, maternity and employment injury benefits. It applies initially to all factories with 10 or more employees and can be extended to other establishments. The act defines important terms related to employees, wages, family members and types of benefits. It outlines the constitution of the Employees' State Insurance Corporation and its powers to administer the scheme and provide benefits to employees.
This document summarizes rules established by the Central Government of India regarding the Payment of Gratuity Act of 1972. Some key points:
- It outlines rules for employers related to notifying authorities of business openings/closures, displaying notices of employee rights, and processing employee nominations and applications for gratuity payments.
- It provides forms and timelines for employees to submit nominations for gratuity recipients, apply for gratuity payments, and appeal denials of payment to a controlling authority.
- The controlling authority is empowered to summon parties, collect evidence, make rulings on payment eligibility, and direct employers to make payment within 30 days if gratuity is due.
This document summarizes the Maternity Benefit Act of 1961 in India. The key points are:
1) The Act regulates the employment of women in certain establishments during pregnancy and provides for maternity benefits and other benefits.
2) It applies initially to factories, mines, plantations, and establishments where performances are held. State governments can extend it to other establishments with approval.
3) Women cannot be employed during the six weeks after delivery or miscarriage, and pregnant women cannot perform arduous work.
4) Women are entitled to paid maternity leave at their normal wages for a period of 12 weeks - 6 weeks before and 6 weeks after delivery.
This document outlines the Employees' Provident Funds and Miscellaneous Provisions Act of 1952 which established provident funds, pension funds, and deposit-linked insurance funds for employees in factories and other establishments in India. Some key points:
- It applies to factories employing 20 or more people as well as other establishments specified by the Central Government employing 20 or more people.
- It establishes the Employees' Provident Fund Scheme which is administered by the Central Board of Trustees for the Employees' Provident Fund.
- The Central Board oversees and maintains the Provident Fund, Pension Fund, and Insurance Fund according to the schemes framed under the Act.
- Various officers are appointed to administer the schemes
This document is the Weekly Holidays Act of 1942 which provides for granting weekly holidays to employees in shops, restaurants, and theaters in India. Some key points:
- It requires all shops to remain closed one day per week as specified by the shopkeeper. The day cannot be changed more than once every 3 months.
- It provides that every employee, other than those in confidential or managerial roles, shall be allowed a full day holiday each week.
- State governments can require additional afternoon closings or half-day holidays for certain shops, restaurants, or theaters.
- No wages can be deducted for holidays allowed under the Act. Inspectors can enforce the Act and penalties are
This document contains rules related to the Payment of Bonus Act of 1965 in India. It outlines various forms and registers that employers must maintain such as computing allocable surplus [Form A], setting on and off of allocable surplus [Form B], and details of bonus paid to each employee [Form C]. It also requires employers to submit an annual return [Form D] with information like total bonus payable, any settlements reached, percentage of bonus declared, total amount paid, and date of payment. Authorities for granting permission to change accounting years and definitions of key terms are also provided.
This document is the Factories Act of 1948 from the Government of India. Some key points:
1. The Act consolidates and amends laws regulating labor in factories. It extends to the whole of India and came into force in 1949.
2. It defines important terms like adult, adolescent, child, competent person, hazardous process, worker, factory, occupier and others. A factory is defined as premises with at least 10 or 20 workers, depending on whether power is used.
3. The Act provides interpretations for terms like day, week, power, machinery and manufacturing process. It also references time of day as Indian Standard Time.
This document contains the Central Rules of 1946 for Industrial Employment (Standing Orders). Some key points:
- It establishes rules for Standing Orders regarding classification of workers, work tickets, publishing working hours/holidays/wages, and shift work.
- It provides model Standing Order schedules for non-coal mine industries and coal mines.
- It outlines the process for certifying Standing Orders, including notifying trade unions, appeals, and maintaining registers of Orders.
- Fees are set for obtaining copies of certified Standing Orders.
The document provides an overview of the Kirkpatrick/Phillips model for evaluating training programs and calculating return on investment (ROI). It describes the five levels of evaluation in the Phillips model - reaction, learning, application, business impact, and ROI. It outlines the key stages of ROI methodology including needs assessment, data collection, isolation techniques to separate training impact from other factors, converting data to monetary values, and calculating ROI. Examples are given showing typical ROI results ranging from 32% to 1052% for various types of training programs.
This document defines Bloom's Taxonomy and provides examples of action verbs associated with each level of the taxonomy. Bloom's Taxonomy includes six levels - Knowledge, Comprehension, Application, Analysis, Synthesis, and Evaluation. For each level, common verbs are provided that could be used to formulate questions or learning objectives targeting that specific level of thinking.
This document discusses various types of formulas in Microsoft Excel including text, count, mathematical, logical, and date functions. It provides the syntax and explanations for commonly used functions like LOWER, UPPER, COUNT, SUM, IF, AND, OR and DATEDIF. Functions allow users to manipulate and analyze data in Excel.
The document summarizes existing and proposed changes to certain provisions in the Indian Income Tax code for fiscal years 2014-15 and 2015-16. Key proposed changes include increasing the surcharge on high income individuals and entities from 10% to 12% of income tax, doubling the exempted amount for transport allowance from Rs. 800 to Rs. 1,600 per month, and increasing deduction limits for health insurance premiums, medical expenditures for senior and disabled dependents, contributions to pension funds, and more. The budget also proposes an additional deduction of up to Rs. 50,000 for contributions to National Pension Scheme funds over the new Rs. 1.5 lakh limit.
This document outlines the information contained in an employee database, including personal details like name, address, contact information, education and qualifications, dependent details, identification documents, and bank details. The database also contains professional information such as job description, company policies, salary and leave details, attendance records, performance reviews, training and development activities, compensation breakdown, and reporting structure. It allows management of employee information from the time of hiring through performance, compensation, and separation from the company.
The document checklist outlines the modules and components of a human resources information system. It includes 1) a personal information module with employee data, documents, and leave records, 2) an admin module for company and job definitions, 3) a time and attendance module for tracking hours worked, 4) a recruitment module containing application materials and hiring documents, 5) a performance module with goals, feedback and evaluations, and 6) a training module listing development activities.
This document provides a template for creating a key performance indicator (KPI) table for an HR manager with instructions on setting goals, defining measurable KPIs, assigning weights and targets, tracking actual results, calculating scores, and determining a final score to evaluate performance. Key areas include staffing, training, retention, and compliance with 8-10 KPIs total and weights allocating to 100%. Formulas are provided to score and calculate the final performance evaluation.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
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Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
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Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
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2. EQUAL REMUNERATION ACT, 1976
[Act 25 of 1976 amended by Act 49 of 1987]
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Act to have overriding erect.
CHAPTER II
PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN
WORKERS AND OTHER MATTERS
4. Duty of employer to pay equal remuneration to men and women workers for same
work or work of similar nature.
5. No discrimination to be made while recruiting men and women workers.
6. Advisory Committee.
7. Power of appropriate Government to appoint authorities for hearing and deciding
claims and complaints.
CHAPTER III
MISCELLANEOUS
8. Duty of employers to maintain registers.
9. Inspectors.
10. Penalties.
11. Offences by companies.
12. Cognizance and trial of offences.
13. Power to make rules.
14. Power of Central Government to give directions.
15. Act not to apply in certain special cases.
16. Power to make declaration.
17. Power to remove difficulties.
18. Repeal and saving.
An act 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
Be it enacted by Parliament in the Twenty-seventh Year of the Republic of India as
follow: -
3. 2
Prefatory Note – Statement of Objects and Reasons. – Article 39 of Constitution
envisages that the State shall direct its policy, among other things, towards securing that
there is equal pay for equal work for both men and women. To give effect to this
constitutional provision, the President promulgated on the 26th
. September, 1975, the
Equal Remuneration Ordinance, 1975 so that the provisions of Article 39 of the
Constitution may be implemented in the year which is being celebrated as the
International Women’s Year. The Ordinance provides for payment of equal remuneration
to men and women workers for the same work or work of similar nature and for the
prevention of discrimination on grounds of sex.
(2) The Ordinance also ensures that there will be no discrimination against recruitment of
women and provides for the setting up of Advisory committees to promote employment
opportunities for women.
(3) The Bill seeks to replace the Ordinance.1
CHAPTER – I
PRELIMINARY
1. Short title, extend and commencement. -- (1) This Act may be called the Equal
Remuneration Act, 1976.
(2) It extends to the whole of India.
(3) It shall come into force on such date, not being later than three years from the passing
of this Act, as the Central Government may, by notification, appoint and different dates
may be appointed for different establishments or employments.
2. Definitions. -- In this Act, unless the context otherwise requires, --
(a) “appropriate Government” means –
(i) in relation to any employment carried on by or under the authority of
the Central Government or a railway administration, or in relation to a
banking company, a mine, oilfield or major port or any corporation
established by or under a Central Act, the Central Government, and
(ii) in relation to any other employment, the State Government;
(b) “commencement of this Act” means, in relation to an establishment or
employment, the date on which this Act comes into force in respect of that
establishment or employment;
1
Ordinance 12 of 1975, promulgated by the President on Sept. 26, 1975.
4. 3
(c) “employer” has the meaning assigned to it in clause (f) of Section 2 of the
Payment of Gratuity Act, 1972 (39 of 1972);
(d) “man” and “woman” mean male and female human beings, respectively, of any
age;
(e) “notification” means a notification published in the Official Gazette;
(f) “prescribed” means prescribed by rules made under this Act;
(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;
(h) “same work or work of a similar nature” means work in respect of which the skill,
effort and responsibility required are the same, when performed under similar
working conditions, by a man or a woman and the differences, if any, between the
skill, effort and responsibility required of a man and those required of a woman
are not of practical importance in relation to the terms and conditions of
employment;
(i) “worker” means a worker in any establishment or employment in respect of which
this Act has come into force;
(j) words and expressions used in this Act and not defined but defined in the
Industrial Disputes Act, 1947 (14 of 1947), shall have the meaning respectively
assigned to them in that Act.
3. Act to have overriding effect. -- The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law or in the
terms of any award, agreement or contract of service, 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.
CHAPTER – II
PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN
WORKERS AND OTHER MATTERS
4. Duty of employer to pay equal remuneration to men and women workers for same
work or work of a similar nature. -- (1) No employer shall pay to any worker, employed
by him in an establishment or employment, remuneration, whether payable in cash or in
kind, 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.
(2) No employer shall, for the purpose of complying with the provisions of sub-section
(1), reduce the rate of remuneration of any worker.
(3) Where, in an establishment or employment, the rates of remuneration payable before
the commencement of this Act for men and women workers for the same work or work of
a similar nature are different only on the ground of sex, then the higher (in cases where
5. 4
there are only two rates), or, as the case may be, the highest (in cases where there are
only two rates), of such rates shall be the rate at which remuneration shall be payable, on
and from such commencement, to such men and women workers:
Provided that nothing in this sub-section shall be deemed to entitle a worker to the
revision of the rate of remuneration payable to him or her with reference to the service
rendered by him or her before the commencement of this Act.
5. No discrimination to be made while recruiting men and women workers. -- On and
from the commencement of this Act, no employer shall, while making recruitment for the
same work or work of a similar nature, 2
[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 for the time being in force:
Provided that the provisions of this section shall not affect any priority or reservation for
scheduled castes or scheduled tribes, ex-servicemen, retrenched employees of any other
class or category of persons in the matter of recruitment to the posts in an establishment
or employment.
6. Advisory Committee. -- (1) For the purpose of providing increasing employment
opportunities for women, the appropriate Government shall constitute one or more
Advisory Committees to advise it with regard to the extend to which women may be
employed in such establishments or employments as the Central Government may, by
notification, specify in this behalf.
(2) Every Advisory Committee shall consist of not less than ten persons, to be nominated
by the appropriate Government, of which one-half shall be women.
(3) In tendering its advice, the Advisory Committee shall have regard to the number of
women employed in the concerned establishment or employment, the nature of work,
hours of work, suitability of women for employment, as the case may be, the need for
providing increasing employment opportunities for women, including part-time
employment, and such other relevant factors as the Committee may think fit.
(4) The Advisory Committee shall regulate its own procedure.
(5) The appropriate Government may, after considering the advice tendered to it by the
Advisory Committee and after giving to the persons concerned in the establishment or
employment an opportunity to make representations, issue such directions in respect of
employment of women workers, as the appropriate Government may think fit.
7. Power of appropriate Government to appoint authorities for hearing and deciding
claims and complaints. -- (1) The appropriate Government may, by notification, appoint
2
Inserted by Act 49 of 1987, S.2
6. 5
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—
(a) complaints with regard to the contravention of any provision of this Act;
(b) 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,
and may, by the same or subsequent notification, define the local limits within which
each, such authority shall exercise its jurisdiction.
(2) Every complaint or claim referred to in sub-section (1) shall be made in such manner
as may be prescribed.
(3) If any question arises as to whether two or more works are of the same nature or of a
similar nature, it shall be decided by the authority appointed under sub-section (1).
(4) Where a complaint or claim is made to the authority appointed under sub-section (1)
it may, after giving the applicant and the employer an opportunity of being heard, and
after such inquiry as it may consider necessary, direct, —
(i) in the case of a claim arising out of a non-payment of wages at equal rates to
men and women workers for the same work or work of a similar nature, that
payment be made to the worker of the amount by which the wages payable to
him exceed the amount actually paid;
(ii) in the case of complaint, that adequate steps be taken by the employer so as to
ensure that there is no contravention of any provision of this Act.
(5) Every authority appointed under sub-section (1) shall have all the powers of a Civil
Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking
evidence and of enforcing the attendance of witnesses and compelling the production of
documents, and every such authority shall be deemed to be a Civil Court for all the
purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2
of 1974).
(6) Any employer or worker aggrieved by any order made by an authority appointed
under sub-section (1), on a complaint or claim may, within thirty days from the date of
the order, prefer an appeal to such authority as the appropriate Government may, by
notification, specify in this behalf, and that authority may, after hearing the appeal,
confirm, modify or reverse the order appealed against and no further appeal shall lie
against the order made by such authority.
(7) The authority referred to in sub-section (6) may, if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal within the period specified in
7. 6
sub-section (6), allow the appeal to be preferred within a further period of thirty days but
not thereafter.
(8) The provisions of sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947
(14 of 1947), shall apply for the recovery of monies due from an employer arising out of
decision of an authority appointed under this section.
CHAPTER – III
MISCELLANEOUS
8. Duty of employers to maintain registers. -- On and from the commencement of this
Act, every employer shall maintain such registers and other documents in relation to the
workers employed by him as may be prescribed.
9. Inspectors. -- (1) The appropriate Government may, by notification, appoint such
persons as it think fit to be Inspectors for the purpose of making an investigation as to
whether the provisions of this Act, or the rules made thereunder, are being complied with
by employers, and may define the local limits within which an Inspector may make such
investigation.
(2) Every Inspector shall be deemed to be a public servant within the meaning of Section
21 of the Indian Penal Code (45 of 1860).
(3) An Inspector may, at any place within the local limits of his jurisdiction, --
(a) enter, at any reasonable time with such assistance as he thinks fit, any building,
factory, premises or vessel:
(b) require any employer to produce any register, mister-roll or other documents
relating to the employment of workers, and examine such documents;
(c) take on the spot or otherwise, the evidence of any person for the purpose of
ascertaining whether the provisions of this Act are being, or have been, complied
with:
(d) examine the employer, his agent or servant or any other person found in charge of
the establishment or any premises connected therewith or any person whom the
Inspector has reasonable cause to believe to be, or to have been a worker in the
establishment;
(e) make copies, or take extracts from, any register or other document maintained in
relation to the establishment under this Act.
(4) Any person required by an Inspector to produce any register or other document or to
give any information shall comply with such requisition.
10. Penalties. -- (1) If after the commencement of this Act, any employer, being required
by or under this act, so to do—
8. 7
(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 gives 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 3
[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, after the commencement of this Act, any employer—
(a) makes any recruitment in contravention of the provisions of his Act, or
(b) makes any payment or remuneration at unequal rates to men and women worker,
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 4
[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 thousand rupees.
11. Offences by companies. -- (1) Where an offence under this Act has been committed
by a company, every person who, at the time the offence was committed, was in charge
of, and was responsible to, the company, for the conduct of the business of the company,
as well as the company, shall be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to
any punishment, if he proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this
Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to, any neglect on the part
3
Substituted by Act 49 of 1987, S.3.
4
Substituted by Act 49 of 1987, S.4.
9. 8
of any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
Explanation. – For the purposes of this section, --
(a) “company” means any body corporate and includes a firm or other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
5
[12. Cognizance and trial of offences. -- (1) No court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class shall try any offence punishable
under this Act.
(2) No court shall take cognizance of an offence punishable under this Act except upon—
(a) its own knowledge or upon a complaint made by the appropriate Government or
an officer authorized by it in this behalf; or
(b) a complaint made by the person aggrieved by the offence or by any recognized
welfare institution or organization.
Explanation. –For the purposes of this sub-section “recognized welfare institution or
organization” means a social welfare organization or institution recognized in this behalf
by the Central or State Government.]
13. Power to make rule. -- (1) The Central Government may, by notification, make rules
for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely—
(a) the manner in which complaint or claim referred to in sub-section (1) of Section 7
shall be made;
(b) registers and other documents which an employer is required under Section 8 to
maintain in relation to the workers employed by him;
(c) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule
5
Substituted by Act 49 of 1987, S.4.
10. 9
or both Houses agree hat the rule should not be made, the rule shall thereafter have effect
only in such modified from or be of no effect, as the case may be; so however, that any
such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
14. Power of Central Government to give directions. -- The Central Government may
give directions to a State Government as to the carrying into execution of this Act in the
State.
6
[15. Act not to apply in certain special cases. -- Nothing in this Act shall apply—
(a) to cases affecting the terms and conditions of a woman’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].
16. Power to make declaration. -- Where the appropriate Government is, on a
consideration of all the circumstances of he case, satisfied that the differences in regard to
the remuneration, or a particular species of remuneration, or men and women workers in
any establishment or employment is based on a factor other than sex, it may, by
notification, make a declaration to that effect, and any act of the employer attributable to
such a difference shall not be deemed to be contravention of any provision of this Act.
17. Power to remove difficulties. -- If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, by notification, make any order, not
inconsistent with the provisions of this Act, which appears to it to be necessary for the
purpose of removing the difficulty:
Provided that every such order shall, as soon as may be after it is made, be laid before
each House of Parliament.
18. Repeal and saving. -- (1) The Equal Remuneration Ordinance, 1975 (12 of 1975)
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance,
so repealed (including any notification, nomination, appointment, order or direction made
thereunder) shall be deemed to have been done or taken under the corresponding
provisions of this Act, as if this Act were in force when such thing was done or action
was taken.
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6
Substituted by Act 49 of 1987, S.5.