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Equal Remuneration Equal Remuneration legislation Act, legislation Act, 1976 1976

6.Equal Remuneration Legislation Act, 1976

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Equal Remuneration

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Page 1: 6.Equal Remuneration Legislation Act, 1976

Equal Remuneration Equal Remuneration legislation Act, 1976legislation Act, 1976

Page 2: 6.Equal Remuneration Legislation Act, 1976

Plan of PresentationPlan of Presentation BackgroundBackground IntroductionIntroduction DefinitionsDefinitions ObjectivesObjectives ScopeScope ProvisionsProvisions Other provisionsOther provisions PenaltiesPenalties ExceptionsExceptions ConclusionConclusion

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BackgroundBackground

Factors for lower payments to women Factors for lower payments to women employees :-employees :-

Unsuitability for many jobsUnsuitability for many jobs Concentration in less skilled jobConcentration in less skilled job Restriction on job opportunitiesRestriction on job opportunities Additional expenditure on their Additional expenditure on their

employmentemployment Low productivityLow productivity Relatively less mobility andRelatively less mobility and Lack of permanence in employment.Lack of permanence in employment.

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INTODUCTION INTODUCTION • The principle of equal work to men and women worker The principle of equal work to men and women worker

has been gaining increasing acceptance all over the has been gaining increasing acceptance all over the world. In many countries, law have been passed world. In many countries, law have been passed prohibiting discrimination between men and women in prohibiting discrimination between men and women in matters relating to payment of wages for similar work. matters relating to payment of wages for similar work.

• The State Policy article 39 of the Constitution The State Policy article 39 of the Constitution envisages that the State shall direct its policy, among envisages that the State shall direct its policy, among other things, towards securing that there is equal pay other things, towards securing that there is equal pay for equal work for both men and women.for equal work for both men and women.

• The International Women’s Year, President of India The International Women’s Year, President of India promulgated the Equal Remuneration Ordinance, 1975 promulgated the Equal Remuneration Ordinance, 1975 on 26th September, 1975 to provide for the payment on 26th September, 1975 to provide for the payment of equal remuneration to men and women workersof equal remuneration to men and women workers

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Cont..Cont..

• Article 39(a) states that the citizens, Article 39(a) states that the citizens, men and women, equally, have the right men and women, equally, have the right to an adequate means of livelihood. to an adequate means of livelihood.

• Article 39(d) “that there is equal pay for Article 39(d) “that there is equal pay for equal work for both men and women”.equal work for both men and women”.

• Article 16(2) makes a specific mention Article 16(2) makes a specific mention that “no citizen shall on ground only of that “no citizen shall on ground only of ….sex …be ineligible for or ….sex …be ineligible for or discrimination against in respect of any discrimination against in respect of any employment or office under state.”employment or office under state.”

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• (a) “Appropriate Government” means –(a) “Appropriate Government” means –• (i) in relation to any employment carried on by or under the (i) in relation to any employment carried on by or under the

authority of the Central Government or a railway administration, authority of the Central Government or a railway administration, or in relation to a banking company, a mine, oilfield or major port or in relation to a banking company, a mine, oilfield or major port or any corporation established by or under a Central Act, the or any corporation established by or under a Central Act, the Central Government, andCentral Government, and

• (ii) In relation to any other employment, the State Government;(ii) In relation to any other employment, the State Government;• (b) “Commencement of this Act” means, in relation to an (b) “Commencement of this Act” means, in relation to an

establishment or employment, the date on which this Act comes establishment or employment, the date on which this Act comes into force in respect of that establishment or employment; into force in respect of that establishment or employment; 

• (c) “Employer” has the meaning assigned to it in clause (f) of (c) “Employer” has the meaning assigned to it in clause (f) of Section 2 of theSection 2 of the

• Payment of Gratuity Act, 1972 (39 of 1972);Payment of Gratuity Act, 1972 (39 of 1972);• (d) “Man” and “woman” mean male and female human beings, (d) “Man” and “woman” mean male and female human beings,

respectively, of anyrespectively, of any• Age;Age;• (e) “Notification” means a notification published in the Official (e) “Notification” means a notification published in the Official

Gazette;Gazette;• (f) “Prescribed” means prescribed by rules made under this Act;(f) “Prescribed” means prescribed by rules made under this Act;• (g) “Remuneration” means the basic wage or salary, and any (g) “Remuneration” means the basic wage or salary, and any

additional emoluments whatsoever payable, either in cash or in additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of done in such employment, if the terms of the contract of employment, express or implied, were fulfilled;employment, express or implied, were fulfilled;

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(h) “Same work or work of a similar nature” means work in (h) “Same work or work of a similar nature” means work in respect of which the skill, effort and responsibility required respect of which the skill, effort and responsibility required are the same, when performed under similar working are the same, when performed under similar working conditions, by a man or a woman and the differences, if conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical a man and those required of a woman are not of practical importance in relation to the terms and conditions of importance in relation to the terms and conditions of employmentemployment

(i) “Worker” means a worker in any establishment or (i) “Worker” means a worker in any establishment or employment in respect of which this Act has come into employment in respect of which this Act has come into force;force;

(j) Words and expressions used in this Act and not defined but (j) Words and expressions used in this Act and not defined but defined in thedefined in the

Industrial Disputes Act, 1947 (14 of 1947), shall have the Industrial Disputes Act, 1947 (14 of 1947), shall have the meaning respectively assigned to them that act.meaning respectively assigned to them that act.

“ “An act to provide for the payment of equal remuneration An act to provide for the payment of equal remuneration to men and women workers and for the prevention of to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith matter of employment and for matters connected therewith or incidental thereto. “ or incidental thereto. “ 

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DefinitionsDefinitions The term The term remunerationremuneration in general means compensation  in general means compensation

or pay.or pay. RemunerationRemuneration is  is wages or  or salary, typically money that is , typically money that is

paid for services rendered as an paid for services rendered as an employee.. Remuneration can include:Remuneration can include: CommissionCommission CompensationCompensation

Executive compensationExecutive compensation Deferred compensationDeferred compensation

Employee stock optionEmployee stock option Fringe benefitFringe benefit SalarySalary

Performance Linked IncentivesPerformance Linked Incentives WageWage

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IntroductionIntroduction

The principle of this act is equal pay for The principle of this act is equal pay for equal work to men and women.equal work to men and women.

Payment should be equal irrespective of the Payment should be equal irrespective of the sex in “same or similar kind of work”.sex in “same or similar kind of work”.

Article 39 under the DPSP, secure equal pay Article 39 under the DPSP, secure equal pay for equal work for both men and women.for equal work for both men and women.

Equal remuneration ordinance was Equal remuneration ordinance was promulgated in sept. 1975 the ordinance promulgated in sept. 1975 the ordinance was replaced by an act of the same name was replaced by an act of the same name in 1976.in 1976.

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ObjectivesObjectives

The objectives of the act is “ the The objectives of the act is “ the payment of equal remuneration to payment of equal remuneration to men and women workers and for the men and women workers and for the prevention of discrimination, on the prevention of discrimination, on the ground of sex, against women in the ground of sex, against women in the matter of employment….”matter of employment….”

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ScopeScope

The act is applicable to whole of The act is applicable to whole of India.India.

This act does not discriminate This act does not discriminate between women of SC, ST, GEN, Ex-between women of SC, ST, GEN, Ex-Serviceman or any priority sector or Serviceman or any priority sector or reservation on caste basis.reservation on caste basis.

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ProvisionsProvisions

It is the duty of employer to pay equal It is the duty of employer to pay equal remuneration.[sec2(h)]remuneration.[sec2(h)]

Prohibition of discrimination in Prohibition of discrimination in recruitment or other conditions of recruitment or other conditions of service.service.

Advisory committeeAdvisory committee Authorities for hearing and deciding Authorities for hearing and deciding

claims and complaintsclaims and complaints Maintenance of registersMaintenance of registers Inspectors.Inspectors.

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Other ProvisionsOther Provisions

Power to make rulesPower to make rules Power of central govt. to give Power of central govt. to give

direction.direction.

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Duty of employer to pay equal Duty of employer to pay equal remuneration (sec.2(h)) remuneration (sec.2(h))

““Same work or work for similar Same work or work for similar nature”nature”

The act define “work in respect of which The act define “work in respect of which the skill, effort and responsibility required the skill, effort and responsibility required are the same, when performed under similar are the same, when performed under similar working conditions, by a man or a women working conditions, by a man or a women and the difference, if any between the skill, and the difference, if any between the skill, effort and responsibility required of man effort and responsibility required of man and those required of a women are not of and those required of a women are not of practical importance in relation to the terms practical importance in relation to the terms and condition of employment .” and condition of employment .”

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Prohibition of discrimination in Prohibition of discrimination in recruitment or other condition of recruitment or other condition of

service(sec 5) service(sec 5) • This Act, no employer shall while making This Act, no employer shall while making

recruitment for the same work or work of a similar recruitment for the same work or work of a similar nature, or in any condition of service subsequent nature, or in any condition of service subsequent to recruitment such as promotions, training or to recruitment such as promotions, training or transfer, make any discrimination against women transfer, make any discrimination against women except where the employment of women in such except where the employment of women in such work is prohibited or restricted by or under any work is prohibited or restricted by or under any law for the time being in force:law for the time being in force:

•   Provided that the provisions of this section shall Provided that the provisions of this section shall not affect any priority or reservation. for not affect any priority or reservation. for Scheduled Castes or Scheduled Tribes, ex-Scheduled Castes or Scheduled Tribes, ex-servicemen, retrenched employees or any other servicemen, retrenched employees or any other class or category of persons in the matter of class or category of persons in the matter of recruitment to the posts in an establishment or recruitment to the posts in an establishment or employment.employment.

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Advisory Committee (Advisory Committee (increasing increasing employment opportunities for womenemployment opportunities for women))

• Every Advisory Committee shall consist of not less Every Advisory Committee shall consist of not less than ten persons, to be nominated by the appropriate than ten persons, to be nominated by the appropriate Government, of which one-half shall be women.Government, of which one-half shall be women.

• Every Advisory Committee shall consist of not less Every Advisory Committee shall consist of not less than ten persons, to be nominated by the appropriate than ten persons, to be nominated by the appropriate Government, of which one-half shall be women.Government, of which one-half shall be women.

• The Advisory Committee shall regulate its own The Advisory Committee shall regulate its own procedure.procedure.

• • The appropriate Government may, after considering The appropriate Government may, after considering the advice tendered to it by the Advisory Committee the advice tendered to it by the Advisory Committee and after giving to the persons concerned in the and after giving to the persons concerned in the establishment or employment an opportunity to make establishment or employment an opportunity to make representations, issue such directions in respect of representations, issue such directions in respect of employment or women workers, as the appropriate employment or women workers, as the appropriate Government may think fit.Government may think fit.

  

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Authorities for hearing and deciding Authorities for hearing and deciding claims and complaints claims and complaints

The appropriate Government may, by The appropriate Government may, by notification, appoint such officers, not below the notification, appoint such officers, not below the rank of a Labour Officer, as it thinks fit to be the rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and authorities for the purpose of hearing and decidingdeciding

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Maintenance of registers (Sec Maintenance of registers (Sec 8)8)

Every employer is required to maintain Every employer is required to maintain prescribed registers and documents prescribed registers and documents in relation to workers employed by in relation to workers employed by him him

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PenaltiesPenalties

The following offences under the act are The following offences under the act are punishable with simple imprisonment for a punishable with simple imprisonment for a term which may extend to one month or term which may extend to one month or fine upto 10,000 or with both:-fine upto 10,000 or with both:-

Failure in maintenance of registers, Failure in maintenance of registers, records, muster roll or other document.records, muster roll or other document.

Prevents his agents or worker to give any Prevents his agents or worker to give any evidence.evidence.

Refusal by the employer to give any Refusal by the employer to give any information.information.

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PenaltiesPenalties

The following offences of the employer are The following offences of the employer are punishable with fine which will not be less punishable with fine which will not be less than Rs 10,000 but not more than Rs 20,000 than Rs 10,000 but not more than Rs 20,000 or with imprisonment not less than 3 months or with imprisonment not less than 3 months but not more than 1 year or both for the 1but not more than 1 year or both for the 1stst offence, and with imprisonment which may offence, and with imprisonment which may extend to 2 years for any other offences extend to 2 years for any other offences below:-below:-

Recruitment against the provisions of Act.Recruitment against the provisions of Act. Making unequal payments to men and Making unequal payments to men and

womenwomen Making any discrimination between themMaking any discrimination between them

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PenaltiesPenalties

A person who refuses to product the A person who refuses to product the document required by an inspector document required by an inspector or does not give required information or does not give required information to him is punishable with a fine which to him is punishable with a fine which may extend to Rs. 500may extend to Rs. 500

Trial of offences under judicial Trial of offences under judicial magistrate.magistrate.

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ExceptionsExceptions Any special treatment is accorded to Any special treatment is accorded to

women in connection of birth or expected women in connection of birth or expected birth of a childbirth of a child

The terms and conditions of a women’s The terms and conditions of a women’s employment are in any respect affected by employment are in any respect affected by compliance with the law regulating the compliance with the law regulating the employment of women.employment of women.

If the discrimination is not based on sex If the discrimination is not based on sex factor and if it is found so.factor and if it is found so.

If any difficulty arising while giving effect to If any difficulty arising while giving effect to the provisions of the Act, the central govt. the provisions of the Act, the central govt. may make orders for the purpose of may make orders for the purpose of removing those difficultiesremoving those difficulties

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ConclusionConclusion

The act is progressive measure based The act is progressive measure based on the principle of social justice of on the principle of social justice of sexes.sexes.

The act enhances the social, The act enhances the social, economical and political status of economical and political status of women in the country.women in the country.

This Act is a bold step and if This Act is a bold step and if implemented in a true spirit will implemented in a true spirit will contribute to do away with an age-old contribute to do away with an age-old discrimination suffered by women.discrimination suffered by women.

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THANKSTHANKS