The Equal Remuneration Act is a legislation in India that promotes equal pay for men and women for equal work. It aims to eliminate gender-based discrimination in wages and provide equal opportunities and benefits to both male and female employees.
The Equal Remuneration Act was enacted in 1976 and is applicable to both the public and private sectors. It prohibits employers from discriminating against employees on the basis of gender in matters of wages and other terms of employment.
The Act defines “remuneration” as “wages, salary, bonus, commission, any other form of remuneration or any other benefit whatsoever payable to a worker, whether in cash or in kind, by an employer”. The Act applies to all establishments employing 10 or more workers, whether in the public or private sector.
The Act prohibits an employer from paying a worker remuneration at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in the same establishment or employment for performing the same work or work of a similar nature. The Act also prohibits an employer from discriminating against a worker on the ground of sex in matters relating to employment, such as recruitment, training, promotion, transfer, and dismissal.
The Act provides for the establishment of Advisory Committees to promote employment opportunities for women and to advise the appropriate government on matters relating to the implementation of the Act.
The Act has been amended twice, in 1982 and 2017. The 1982 amendment extended the coverage of the Act to all establishments employing five or more workers. The 2017 amendment introduced a number of changes to the Act, including the following:
- The definition of “remuneration” was expanded to include benefits such as housing, medical care, and education.
- The Act was made applicable to all establishments, regardless of the number of workers employed.
- The penalties for violation of the Act were increased.
The Equal Remuneration Act is an important piece of legislation that has helped to reduce gender discrimination in the workplace. However, there is still more work to be done to ensure that women are paid equally for their work.
Here are some of the key points of the Act:
- It requires employers to pay equal remuneration to men and women workers for the same work or work of a similar nature.
- It prohibits employers from discriminating against workers on the ground of sex in matters relating to employment.
- It establishes Advisory Committees to promote employment opportunities for women.
- It has been amended twice to strengthen its provisions.
Key provisions of the Equal Remuneration Act include:
- Equal Pay for Equal Work: The Act mandates that men and women should receive equal pay for performing work of the same or similar nature and skill, or work that is of equal value.
- Prohibition of Discrimination: Employers are prohibited from discriminating against women in matters of recruitment, appointment, promotion, training, or any other condition of service that may affect their remuneration.
- No Deduction or Retrenchment: Employers cannot reduce the wages of any employee to comply with the Act. They are also not allowed to retrench or dismiss employees to avoid the payment of equal remuneration.
- Duty to Maintain Registers: Employers are required to maintain registers and records that contain information about the remuneration paid to employees, classified by gender and other relevant factors.
- Complaints and Enforcement: The Act provides a mechanism for employees to file complaints regarding any violation of the provisions. Complaints can be filed to the appropriate authority, and the Act empowers the authority to take action against the employer.
The Equal Remuneration Act plays a crucial role in ensuring gender equality in the workplace and addressing pay disparities based on gender. It aims to create a fair and inclusive work environment by promoting equal opportunities and remuneration for men and women.
