Q9
15 Marks
Part C (Q9): Highlight the salient features of Equal Remuneration Act, 1976.
Expert Answer
The Equal Remuneration Act, 1976 was enacted to fulfill the Constitutional mandate of Article 39 (which directs the state to ensure equal pay for equal work for both men and women) and to implement the ILO Convention on Equal Remuneration.
Important Features:
- Equal Pay for Equal Work: The core provision of the Act is that employers must pay equal remuneration (wages plus any additional allowances) to men and women workers for performing the "same work or work of a similar nature."
- Definition of "Similar Work": The Act defines "work of a similar nature" as work for which the skill, effort, and responsibility required are the same, when performed under similar working conditions. The employer cannot use minor differences in duties to justify massive pay gaps.
- No Discrimination in Recruitment: The Act goes beyond just wages. It explicitly prohibits discrimination against women during the recruitment process itself, as well as in promotions, training, or transfers, unless the employment of women in such work is prohibited or restricted by another law (e.g., certain underground mining jobs).
- No Downward Revision of Wages: To achieve "equal pay," an employer cannot lower the wages of the male workers to match the lower wages of the female workers. The wages of the female workers must be raised to match the men.
- Advisory Committees: The government is mandated to constitute Advisory Committees (with women representing at least half of the members) to advise on increasing employment opportunities for women.
- Maintenance of Registers: Employers are legally required to maintain registers and documents concerning the workers employed by them in the prescribed manner, which labor inspectors can check.