Chapter 5(D) Equal Remuneration Act, 1976 – CS Professional Labour Laws and Practice Notes is designed strictly as per the latest syllabus and exam pattern.
Equal Remuneration Act, 1976 – CS Professional Labour Laws and Practice Study Material
Question 1.
Briefly explain the object of Equal Remuneration Act, 1976.
Answer:
The objective of Equal Remuneration Act, 1976 is to :
- Ensure payment of equal remuneration to men and women for the same work or work of similar nature.
- Prevent discrimination on grounds of sex against women in the matter of employment.
- Ensure adherence to the provisions enshrined under Article 39 of Constitution of India.
Question 2.
Define the term ‘Same work or Work of a similar nature’.
Answer :
Same work or work of similar nature means work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment.
Question 3.
Define Remuneration as per Equal Remuneration Act.
Answer:
Remuneration” means the basic wage or salary, and any additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of employment.
Question 4.
Enumerate the duties of employer under Equal Remuneration Act, 1976.
Answer:
- It is the duty of the Employer not to pay to any worker, employed by him in an establishment or employment, remuneration, whether payable in cash or in kind, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature.
- No discrimination to be made while recruiting men and women workers.
- No employer shall while deciding on promotions, training or transfer, make any discrimination against women.
Question 5.
Write short notes on maintenance of Register and Return under the Act.
Answer:
- Section 8 prescribes for maintenance of Register and Return
- it is the duty of every employer, to maintain registers and other documents in relation to the workers employed by him in the prescribed manner.
Question 6.
State the provisions regarding offence by companies under Equal Remuneration Act, 1976.
Answer:
An employer shall be punishable with fine or imprisonment or both in case of the following acts:
- Recruits in contravention of the provisions of this Act
- Pays remuneration at unequal rates to men and women workers for the same work or work of a similar nature
- Makes any discrimination between men and women workers in contravention of the provisions of this Act
- Omits or fails to carry out any direction made by the Appropriate Government.
Equal Remuneration Act, 1976 Notes
Objective of Equal Remuneration Act, 1976
- The objective of Equal Remuneration Act, 1976 is to ensure payment of equal remuneration to men and women for the same work or work of similar nature.
- Also includes
- For prevention of discrimination on grounds of sex against women in the matter of employment.
- Ensures provisions enshrined under Article 39 of Constitution of India are adhered to.
- Same work or work of similar nature means work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment.
No discrimination to be made
No employer shall pay to any worker, employed by him in an establishment or employment, remuneration, whether payable in cash or in kind, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature.
No discrimination to be made while recruiting men and women workers. No employer shall while making recruitment for the same work or work of similar nature, or in any condition of service subsequent to recruitment such as promotions, training or transfer, make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force.
Concept of Advisory Committee
- To increase employment opportunities for women, the appropriate Government shall constitute one or more advisory committee to advise it with regard to the extend to which women may be employed in an establishment.
- In tendering its advice, the advisory committee shall have regard to the number of women employed in such establishment , nature of work, hours of work, suitability of women for employment etc.
Maintenance of Registers & Records
On and from the commencement of this Act, every employer shall maintain such registers and other documents in relation to the workers employed by him.
Act not to apply in certain special cases
- The Act shall not apply to:
- Cases affecting the terms and conditions of a women’s employment
- in complying with the requirement of any law giving special treatment to women or any special treatment to women in connection with:
- the birth or expected birth of a child, or
- the terms and conditions relating to retirement, marriage or
- death or to any provision made in connection with the
- retirement, marriage or death.
Other Noteworthy Points
- Appropriate Govt, as defined under Section 2(a) of the Equal Remuneration Act, 1976 means:
- Any employment carried by any authority of Central Govt, or railway or banking company or mine or oil field or major port: Central Government
- Any other employment: State Government