Equal Remuneration

Concept and Law

Presented By
Shilpi Kulshrestha
Contact Number- 9910005028

Content

Inception Worldwide
Equal pay for equal workis the concept oflabour rightsthat
individuals doing the same work should receive the same remuneration.
It is most commonly used in the context ofsexual discrimination , in
relation to thegender pay gap. Equal pay relates to the full range of
payments and benefits, including basic pay, non-salary payments,
bonuses and allowances.
During the Industrial Revolution ( 1760-1840) wage-labour was
increasingly formalized but that time woman were often paid less than
their male counterpart for the same labour.
The principal of equal pay for equal work was arose at that time, and
first efforts were taken by the 19th Century Trade Union activism in
the industrialized counties. (Somewhere around 1830.)
With the almost end of Second World War, trade unions and the
legislatures of industrialized countries gradually accepted the principle
of equal pay for equal work and in 1970 UK Introduced Equal Pay
Act, 1970.
In 1951, International Human Rights Law, International Covenant
on Economics, Social and Cultural Rights, The Constitution of
International Labour Organization proclaimed the Principal of equal
remuneration.

Principal of Equal Pay in India

The principal of gender equality is enshrined in the Indian Constitution
in its Preamble, Fundamental Rights, Fundamental Duties and
Directive Principles.
Following are the provisions those make it necessary to follow the rule
of equal pay:
1) Article-14 Equality Before law.
2) Article-15 The State not to discriminate against any citizen on
grounds only of religion,
race, caste, sex, place of birth or any of them.
3) Article-16 equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
4) Article 39(a) citizens, men and women equally, have the right to an
adequate means to livelihood
5) Article 39 (d) equal pay for equal work for both men and women.
To uphold the constitution mandate, the state has enacted the law
i.e.Equal Remuneration Act, 1970 to ensure the compliance of
principal of Equal pay for equal work.

Applicability

This Act extends to whole of India. (Section-1(1))

Section-3 This act have overriding effect. That means the provisions
of this act shall have effect notwithstanding anything inconsistent
therewith contained in any other:
1) law
2) Any award
3) Agreement or
4) Contract of service.
Whether made before or after the commencement of this Act, or in
any other instrument having effect under any law for the time being
in force.

Duty of Employer
Section-4
No employer shall pay the to any worker employed by him at a rate
less favorable than the remuneration paid by him to the workers of
the opposite sex for performing the same work or work of similar
nature.
No employer shall for the purpose of complying with the above
mention points, reduce the rate of remuneration of any worker.
Section -5
No employer shall, while making any recruitment for the same work
or work of similar nature( or any condition of service subsequent to
recruitment i.e. promotion, training or transfer), make any
discrimination against woman except where the employment of
woman is prohibited or restricted under the law for time being in
force.
Provided these provisions shall not affect any priority or reservation
for SC, ST, Ex-Service man etc.

Maintenance of Registers

Section-8 and Rule-6 of the Equal Remuneration Rules, 1976 every

employer shall maintain a register in relation to the workers
employed by him in form D.
Register shall have below information:
1)
2)
3)
4)
5)

Name of establishment
Total number of workers
Total number of men workers
Total number of women workers
Components of remuneration i.e. rate of remuneration, basic wages,
Dearness Allowance, House Rent Allowance, other allowance etc.

Miscellaneous
Inspector shall be appointed time to time to make the investigation
under this Act and rules thereof.
Inspector shall have power to enter into the factory premises, building
etc., require any employer to produce any register, muster-roll etc.,
take evidences, examine employer, make copies or take extract from
the records and registers.
If any employer omits or fail to maintain the register or documents,
omit or fails to produce register, muster-rolls or omit or refuse to give
any evidence or omit or refuse any information than he shall be
punishable with simple imprisonment for one month or fine or both.
Similar penalties in case of contravention of provisions of recruitment,
payment of remuneration, discrimination.
No court inferior to the Metropolitan Magistrate or Judicial Magistrate
of first class shall try the offence under this Act.
Complaint regarding the contraventions of this Act can be filed in the
triplicate of form A to the authority appointed for the this purpose
and any claim in form B.
This act shall not apply to the certain special cases as notified by
Govt. Special treatment to woman in connection with birth or
expected birth of child.

Thank You