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Equal Remuneration

legislation Act, 1976

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Plan of Presentation

Background Introduction Definitions

Objectives Scope Provisions Other provisions

Penalties Exceptions Conclusion

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Background

Factors for lower payments to womenemployees :-

Unsuitability for many jobs

Concentration in less skilled job Restriction on job opportunities

Additional expenditure on their employment

Low productivity

Relatively less mobility and

Lack of permanence in employment.

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Definitions

The term remuneration in general means compensation or pay. Remuneration is wages or salary, typically money that is paid for

services rendered as an employee. Remuneration can include: Commission

Compensation Executive compensation Deferred compensation

Employee stock option Fringe benefit Salary

Performance Linked Incentives

Wage

http://en.wikipedia.org/wiki/Wagehttp://en.wikipedia.org/wiki/Employmenthttp://en.wikipedia.org/wiki/Employmenthttp://en.wikipedia.org/wiki/Employmenthttp://en.wikipedia.org/wiki/Salaryhttp://en.wikipedia.org/wiki/Employmenthttp://en.wikipedia.org/wiki/Commission_(remuneration)http://en.wikipedia.org/wiki/Executive_payhttp://en.wikipedia.org/wiki/Deferred_compensationhttp://en.wikipedia.org/wiki/Employee_stock_optionhttp://en.wikipedia.org/wiki/Fringe_benefithttp://en.wikipedia.org/wiki/Salaryhttp://en.wikipedia.org/wiki/Performance_Linked_Incentiveshttp://en.wikipedia.org/wiki/Wagehttp://en.wikipedia.org/wiki/Wagehttp://en.wikipedia.org/wiki/Performance_Linked_Incentiveshttp://en.wikipedia.org/wiki/Salaryhttp://en.wikipedia.org/wiki/Fringe_benefithttp://en.wikipedia.org/wiki/Employee_stock_optionhttp://en.wikipedia.org/wiki/Deferred_compensationhttp://en.wikipedia.org/wiki/Executive_payhttp://en.wikipedia.org/wiki/Commission_(remuneration)http://en.wikipedia.org/wiki/Employmenthttp://en.wikipedia.org/wiki/Salaryhttp://en.wikipedia.org/wiki/Wage

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Introduction

The principle of this act is equal pay for equalwork to men and women.

Payment should be equal irrespective of the sex

in same or similar kind ofwork. Article 39 under the DPSP, secure equal pay for

equal work for both men and women.

Equal remuneration ordinance was promulgatedin sept. 1975 the ordinance was replaced by anact of the same name in 1976.

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Objectives

The objectives of the act is the paymentof equal remuneration to men and womenworkers and for the prevention of

discrimination, on the ground of sex,against women in the matter ofemployment.

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Scope

The act is applicable to whole of India.

This act does not discriminate betweenwomen of SC, ST, GEN, Ex-Serviceman orany priority sector or reservation on castebasis.

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Provisions

It is the duty of employer to pay equalremuneration.[sec2(h)]

Prohibition of discrimination in recruitment

or other conditions of service.Advisory committee

Authorities for hearing and deciding claims

and complaints Maintenance of registers

Inspectors.

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Other Provisions

Power to make rules

Power of central govt. to give direction.

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Penalties

The following offences under the act arepunishable with simple imprisonment for a termwhich may extend to one month or fine upto

10,000 or with both:- Failure in maintenance of registers, records,

muster roll or other document.

Prevents his agents or worker to give anyevidence.

Refusal by the employer to give any information.

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Penalties

The following offences of the employer arepunishable with fine which will not be less thanRs 10,000 but not more than Rs 20,000 or withimprisonment not less than 3 months but notmore than 1 year or both for the 1st offence, andwith imprisonment which may extend to 2 yearsfor any other offences below:-

Recruitment against the provisions of Act.

Making unequal payments to men and women

Making any discrimination between them

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Penalties

A person who refuses to product thedocument required by an inspector ordoes not give required information to him

is punishable with a fine which mayextend to Rs. 500

Trial of offences under judicial magistrate.

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Exceptions

Any special treatment is accorded to women inconnection of birth or expected birth of a child

The terms and conditions of a womensemployment are in any respect affected by

compliance with the law regulating theemployment of women.

If the discrimination is not based on sex factorand if it is found so.

If any difficulty arising while giving effect to theprovisions of the Act, the central govt. maymake orders for the purpose of removing thosedifficulties

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Conclusion

The act is progressive measure based onthe principle of social justice of sexes.

The act enhances the social, economical

and political status of women in thecountry.

This Act is a bold step and if implemented

in a true spirit will contribute to do awaywith an age-old discrimination suffered bywomen.

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THANKS