Clarity on Equal Remuneration Act, 1976

In 1976, the Indian Government passed the Equal Remuneration Act 1976 to bridge the wage gap between men and women workers. The objectives of this Act was to provide equal wages for men and women based on the nature of employment; to provide equality of opportunity in employment; to protect persons against discrimination concerning employment or occupation, and to ensure that no person shall be unfairly dismissed from work on grounds only of sex. No woman shall be dismissed on grounds only of her sex. This Act facilitates and ensures equality among all the sexes, whether it is male or female. 

Equal Remuneration Act, 1976

Age discrimination and gender discrimination are covered by this Act. For purposes of this Act, the following expressions shall have the meanings assigned to them hereunder:- 

• Age means a person’s age as of the relevant date
• Child means a person under Eighteen years of age, either wholly or partially dependent on others for support and maintenance
• Women means a female human being of any age
• Remuneration means the salary, wages, bonus, commission, and other types of monetary consideration payable to a person in return for their services, whether payable in cash or otherwise, including provident fund, pension

Objectives of Equal Remuneration act, 1976

• To provide equal wages to men and women based on the nature of employment
• To provide equality of treatment in employment
• To protect persons against discrimination concerning employment or occupation
• To ensure that no person shall be unfairly dismissed from work on grounds only of sex

The “Equal Remuneration Act, 1976” extends to India except for the State Of Jammu And Kashmir. It was enacted to make it illegal for employers to discriminate between men and women employees on their pay scale.

The Salient Features of Equal Remuneration Act, 1976 

1. Remuneration to be paid in cash or in-kind at the same rate: Under section 2(e) of the remuneration act, a woman shall not be paid a rate less than what is being paid to male workers of a corresponding grade employed in the same establishment if the nature of employment is not essentially different. If employment is essentially different, then pay should be made differently but based on skills, capacity, and performance.
2. No discrimination in favour of men: Under section 3(1) of the remuneration act, no employer shall discriminate between men and women in favour of men by paying them fewer wages for the same work or employment. The definition provided under section 2(h) says that any differential pay shall be justified and has to be on any one or more of the following grounds:-
3. Any other factor which is not prohibited under the provisions of this Act: Under section 3(2) of the remuneration act, The employer shall not discriminate between men and women in favour of men by paying women fewer wages for the same work or employment. The definition provided under section 2(h) says that any differential pay shall be justified and has to be on any one or more of the following grounds. This is an addition to the Act made in 1998 by introducing section 3(2).
4. No discrimination on the ground of sex: Section 4 of the remuneration act, 1976 prohibits discrimination and offers a guarantee against the exploitation of women workers. It states that no woman shall be dismissed on grounds only of her sex.
5. No discrimination in employment: Section 5 of the remuneration act, 1976 prohibits discrimination and offers a guarantee against the exploitation of women workers. It states that no employer shall discriminate between men and women regarding employment or any term or condition of employment based on their sex by paying them fewer wages for the same work or employment.

List of Equal Remuneration Act 1976 across India

By State

• Andhra Pradesh

Act No. 20 of 1963

Act No. 24 of 1965

Act No. 17 of 1966

• Arunachal Pradesh (Arunachal Pradesh Equal Remuneration Act, 2002)

 Act No. 2 of 1961

• Assam. (The Assam Equal Remuneration Act, 1993)

 Act No. 25 of 1962

• Bihar (The Bihar Equal Remuneration Act, 1962)
• Chhattisgarh (The Chhattisgarh Equal Remuneration Act, 2003)

Act No. 4 of 1963

• Delhi (Delhi Equal Remuneration Act, 1956)
• Goa (The Goa Equal Remuneration Act, 1999) 
• Gujarat (The Gujarat Equal Remuneration Act, 1991)

 Act No. 15 of 1967

• Haryana (The Haryana Equal Remuneration Act, 1975)
• Himachal Pradesh (The Himachal Pradesh Equal Remuneration Act, 1994)

Act No. 10 of 1961

• Jammu & Kashmir (The Jammu & Kashmir Equal Remuneration Act, 2001)
• Jharkhand (The Jharkhand Equal Remuneration Act, 2003)

Act No. 10 of 1961

Conclusion

The Indian Government passed the first-ever law, ‘The Equal Remuneration Act,’ in 1976. It is a complete law that deals with women’s rights and makes equal pay for equal work. It states that men and women should get equal wages for their work. It also prohibits discrimination between men and women. It does not allow any gender discrimination in the workplace. 

It was only applicable for more than ten years old companies. Also, it was too difficult to prove discrimination with the numbers of staff in a company and so many different factors involved in proving whether someone is being discriminated against.