Equal Remuneration Act, 1976

1. Introduction The Equal Remuneration Act, 1976 is an important legislation in India that prohibits discrimination in terms of remuneration on the grounds of gender. It means the Act ensures equal pay for men and women for the same or similar work. The Equal Remuneration Act of 1976 was enacted by the Indian Parliament on February 11, 1976, with an aim “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 in the matter of employment and for matters connected therewith or incidental thereto.” It extends to the whole of India including all establishments either public or private sectors (employing ten or more persons). By promoting gender equality in remuneration, the act seeks to establish fair and just working conditions for all employees, regardless of their gender. Also, it prohibits discrimination made by employers against women in matters of

2. recruitment, training, promotion, and transfers. In this article, we will delve into the key provisions and significance of the Act. Key Provisions of the Equal Remuneration Act, 1976 Section 3: Act to have overriding effect The Equal Remuneration Act, 1976, establishes the supremacy and overriding effect of the provisions of the Act over any other law, agreement, or contract that may be in conflict with its principles. This is defined efficiently in Section 3 of the Act, “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.” Through this, it demonstrates that the goal of eliminating gender-based wage discrimination takes precedence over any conflicting provisions in other laws or contractual agreements. By having an overriding effect, Section 3 provides a robust legal mechanism to safeguard the principle of equal remuneration. Section 4: Duty of employer to pay equal remuneration to men and women workers for same work or work of a similar nature The Act mandates that men and women should receive equal remuneration for work that requires similar skill, effort, and responsibility performed under similar working conditions. It

3. ensures that gender-based wage discrimination is eliminated. Section 4 of the Act also ensures that no employer can reduce the rate of remuneration of any worker to comply with the rule to provide equal wages to both men and women for the same or similar work. Moreover, Section 4(3)states that “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 of work of a similar nature are different only on the ground of sex, then the higher (in cases where there are only two rates), or, as the case may be, the highest (in cases where there are more than 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…” The main reason for the enactment of this Act is the unfair treatment of women in the workplace and the increase in cases where women are paid lower salaries than men. Section 5: No discrimination to be made while recruiting men and women workers The Act prohibits employers from discriminating against women in matters of recruitment, employment, and promotion from the date of commencement of the Act. It ensures that women have equal opportunities for growth and advancement in their careers. Along with this, the Act also provides an exception where it prohibits the employment of women workers in hazardous places. Moreover, the provisions of this Act do not affect any priority or reservation for ex- servicemen, Scheduled Castes or Scheduled Tribes, retrenched

4. employees, or any other category of persons for recruiting employees. Click Here To Read Full Article : https://www.freelaw.in/legalarticles/Equal- Remuneration-Act-1976 For More Legal Article Visit: freelaw.in