Updated on: Jun 29th, 2021
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6 min read
Remuneration means the basic wage/salary, and any additional emoluments payable, either in cash or in-kind, to a person employed in respect of employment if the terms of the contract of employment, express or implied, were fulfilled.
The chief motive of the Equal Remuneration Act 1976 is to provide for payment of remuneration to men and women on a uniform basis. In order to avoid discrimination against women and to treat the women in a fair and just manner, this act is brought into force.
Every employer covered under this act shall pay the employees remuneration in cash/kind at a rate which shall not be less favourable to the other gender if the work is the same or of similar nature. Same work or work of similar nature would mean if the work is performed under similar conditions either by a man or woman it would require the same skill, effort and responsibility. If there are any differences in the skill, effort and responsibility required from a man when compared to a woman the same is not important to the employment.
Offence | Penalty |
Employer omits/fails to -maintain the register -produce the register and other relevant documents -give evidence -give any information | Maximum: Rs 10,000 OR Maximum Imprisonment: 1 month OR Both |
Employer makes -any recruitment in contravention of the provisions of this act -any payment of remuneration at an unequal rate for the same work or work of similar nature -any discrimination between a man and a woman -an omission to carry out the directions made by the appropriate government. | Minimum: Rs 10,000 Maximum: Rs 20,000 OR Minimum Imprisonment:3 months Maximum Imprisonment:1 year OR Both Note: The maximum period of 1 year shall be replaced by 2 years for the 2nd,3rd and 4th offence. |
Failure to produce the register or any other document or to give any information to the Inspector | Maximum: Rs 500 |
– In case of contravention of any provision-Adequate steps to be taken by the employer to ensure there is no contravention
-In case of non-payment of wages at an equal rate- Direct the employer to pay the difference between wages payable and wages paid
*The time period of 30 days can be extended to 60 days if the authority is satisfied that the appellant was prevented from filing the same.
The Equal Remuneration Act 1976 aims to eliminate gender discrimination in wages. It requires equal pay for men and women doing the same or similar work. Employers must not reduce wages to comply. Provisions include forming an advisory committee, maintaining employment records, and appointing inspectors for compliance. Violations lead to penalties. Claims of non-payment of equal wages are heard by officers appointed by the Central Government.