17-02-2011, 10:28 AM
presented by:
Rajnikant George
Kumari Laxmi
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Equal Remuneration Act 1976
INTODUCTION
• The principle of equal work to men and women worker has been gaining increasing acceptance all over the world. In many countries, law have been passed prohibiting discrimination between men and women in matters relating to payment of wages for similar work.
• The State Policy article 39 of the 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.
• The International Women’s Year, President of India promulgated the Equal Remuneration Ordinance, 1975 on 26th September, 1975 to provide for the payment of equal remuneration to men and women workers
• Article 39(a) states that the citizens, men and women, equally, have the right to an adequate means of livelihood.
• Article 39(d) “that there is equal pay for equal work for both men and women”.
• Article 16(2) makes a specific mention that “no citizen shall on ground only of ….sex …be ineligible for or discrimination against in respect of any employment or office under state.”
• (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;
• © “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;
“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 that act.
“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. “
Duty of employer to pay equal remuneration (sec.2(h))
“Same work or work for similar nature”
The act define “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 women and the difference, if any between the skill, effort and responsibility required of man and those required of a women are not of practical importance in relation to the terms and condition of employment .”
Prohibition of discrimination in recruitment or other condition of service(sec 5)
• This Act, no employer shall while making recruitment for the same work or work of a similar nature, or in any condition of service subsequent to recruitment such as promotions, training or transfer, make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law 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 or any other class or category of persons in the matter of recruitment to the posts in an establishment or employment.
Advisory Committee (increasing employment opportunities for women)
• 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.
• 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.
• The Advisory Committee shall regulate its own procedure.
• 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 or women workers, as the appropriate Government may think fit.
Authorities for hearing and deciding claims and complaints
The appropriate Government may, by notification, appoint such officers, not below the rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and deciding
Maintenance of registers (Sec 8)
Every employer is required to maintain prescribed registers and documents in relation to workers employed by him
