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    Equal Remuneration Act 1976: C. Principle of Equal Pay For Equal Work

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    Madhu N
    The Equal Remuneration Act 1976 aims to provide equal remuneration to men and women workers for equal work by preventing discrimination against women in employment. It applies across India and prohibits employers from setting terms and conditions that violate equal pay for equal work. The Act covers all workers regardless of employment period and overrides any contracts violating its provisions. The Ministry of Labour and Central Advisory Committee enforce the Act, with penalties of fines and imprisonment for non-compliant employers.

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    Equal Remuneration Act 1976: C. Principle of Equal Pay For Equal Work

    Uploaded by

    Madhu N
    101 views2 pages
    The Equal Remuneration Act 1976 aims to provide equal remuneration to men and women workers for equal work by preventing discrimination against women in employment. It applies across India and prohibits employers from setting terms and conditions that violate equal pay for equal work. The Act covers all workers regardless of employment period and overrides any contracts violating its provisions. The Ministry of Labour and Central Advisory Committee enforce the Act, with penalties of fines and imprisonment for non-compliant employers.

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    Equal Remuneration

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    The Equal Remuneration Act 1976 aims to provide equal remuneration to men and women workers for equal work by preventing discrimination against women in employment. It applies across India and prohibits employers from setting terms and conditions that violate equal pay for equal work. The Act covers all workers regardless of employment period and overrides any contracts violating its provisions. The Ministry of Labour and Central Advisory Committee enforce the Act, with penalties of fines and imprisonment for non-compliant employers.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    101 views2 pages

    Equal Remuneration Act 1976: C. Principle of Equal Pay For Equal Work

    Uploaded by

    Madhu N
    The Equal Remuneration Act 1976 aims to provide equal remuneration to men and women workers for equal work by preventing discrimination against women in employment. It applies across India and prohibits employers from setting terms and conditions that violate equal pay for equal work. The Act covers all workers regardless of employment period and overrides any contracts violating its provisions. The Ministry of Labour and Central Advisory Committee enforce the Act, with penalties of fines and imprisonment for non-compliant employers.

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    © All Rights Reserved
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    EQUAL REMUNERATION ACT 1976

    A. Introduction:

     Equal Remuneration Act, 1976 provides for the payment of equal


    remuneration to men and women workers and for the prevention of
    discrimination, on the ground of sex, against women in the matter of
    employment and for matters connected therewith or incidental thereto.
     The constitutional provisions and various legislations have been enacted
    ensuring equal opportunities to men and women.
     When equal opportunities are put in place, the next line of action needed is
    equal remuneration for the same work done without reference to the gender.

    B. Features of the Equal Remuneration Act, 1976

     The Act is a Central Legislation and applies to the whole of India.

     The Act provides for protection against discrimination of women workers on the ground
    of sex, about the payment of equal remuneration in the matter of employment.

     Restricting the employer to create terms and conditions in a contract of service or work
    of labour contrary to equal pay for equal work doctrine.

     The Act doesn’t make a distinction like employment or the period of employment and
    applies to all workers even if engaged only for a day or few days.

     No overriding effect is given to any agreement or contract to the provisions of the Equal
    Remuneration Act.

     The Ministry of Labour and The Central Advisory Committee are responsible for
    enforcing this Act.

     When the employer doesn’t comply with the provisions of the act, he will be liable to
    pay fine, imprisonment, or both.

    C. Principle of equal pay for equal work :


     The Indian Constitution recognized the principle of ‘Equal Pay for Equal Work’ for both
    men and women, and ‘Right to Work’ through Article 39(d) and 41.
     These Articles are inserted as Directive Principles of State Policy.
     This means that, they will serve as guidelines to the Central and State governments of
    India, which are to be kept in mind while framing laws and policies.
     Efforts are employed even on legislative fronts - Equal Remuneration Act, 1976 being
    the prime one amongst them.
     The Act by means of Section 4 not only emphasizes on equal pay for equal work but
    even bars the employer from reversing the pay scales in order to attain equilibrium.
     The principle of Equal Pay for Equal Work was first considered in Kishori Mohanlal
    Bakshi v. Union of India1 in the year 1962 where the Supreme Court declared it
    incapable of being enforced in the court of law.
     However, it received due recognition only in 1987 through Mackinnon Mackenzie’s
    case2.
     Here the issue of concern was a claim for equal remuneration for Lady Stenographers
    and Male Stenographers.
     This was ruled in favour of lady stenographers as the Court was in favour of equal pay.

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