Equal Remuneration Act, 1976

-

 

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 recruitment, training, promotion, and transfers. In this article, we will delve into the key provisions and significance of the Act.

Equal Remuneration Act, 1976
Visit : www.freelaw.in

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 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 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

Comments

Post a Comment

Popular posts from this blog

Bilkis Bano Case: Supreme Court to hear petitions against remission of 11 convicts on August 7

-
Image
  The Supreme Court fixed the hearing of petitions filed by  Bilkis Bano  and others related to the  2002 Gujarat riots  on August 7, 2023. The petitions were against the remission granted to all 11 convicts for the crime of gang-raping Bilkis Bano and killing her family members. The matter will be heard by the bench headed by  Justice BV Nagarathna . While hearing the matter today, Justice Nagarathna and  Justice Ujjal Bhuyan  pronounced, “The counsel for Bilkis Bano submitted that newspaper publication as directed by this court was effected on June 1, 2023, and an affidavit with that regard was filed on June 7. Similarly, in other cases, notices on the respondent are stated to be served either directly or by newspaper publication. This fact is not disputed by Solicitor-general for India  Tushar Mehta  appearing for both the Union of India and the  State of Gujarat , as well as other counsel appearing for the private respondents. Therefore, the service on all respondents is held to be
Read more

Kidnapping and Abduction: Key Differences

-
Image
  Introduction Kidnapping and abduction are two terms often used interchangeably to describe the act of taking someone against their will. In this comprehensive article, we aim to provide answers to the fundamental questions, like, What exactly is kidnapping, and how does it differ from abduction? What are the various types and forms that these actions can take? By exploring the definitions, types, and forms of both kidnapping and abduction, we’ll uncover their key differences, offering you a complete understanding of these critical concepts. Kidnapping and Abduction Kidnapping Kidnapping refers to the act of unlawfully seizing and detaining an individual against their will, often with the intent to demand a ransom or exert control over the victim for various reasons. It typically involves the use of force, threat, or deception to capture the victim. Kidnapping is a criminal offence in most jurisdictions and is universally condemned due to its grave impact on the victim’s physical and
Read more
-
  Separation of Powers in India The separation of powers divides the government machinery into three branches: the legislative, the executive, and the judiciary. This not only prevents power concentration, but also creates a system of checks and balances. Based on the organizational system of the constitution, the separation of powers doctrine ensures that each power has different authorities and responsibilities. Furthermore, the Constitution establishes a system of checks and balances to ensure that no power exercises supremacy over others or abuses the powers bestowed upon it. If there is an invasion or power struggle between them, each branch regulates the other, preventing a concentration of power in one. Benefits: The system of separation of powers has the following advantages: It promotes liberty by preventing the consolidation of power in a single authority. It increases efficiency. Facilitates and enriches democratic debate by utilizing everyone's balance sheet forces. Jud
Read more