The Equal Remuneration Act, 1976 – Labour Law Notes

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  • The State Policy Article 39 of the Constitution envisages that the State shall direct its policy towards securing equal pay for equal work for both men and women. It is not a fundamental right, but a constitutional goal.
  • Section 2(h) of the Act defines “same work or work of a similar nature” – it says that work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman, and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment;
  • Section 4 of the Act requires employers to pay equal wages for equal work. It says – No employer shall pay to any worker, employed by him in an establishment or employment, remuneration, at rates less favorable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature.
  • Section 5 also requires employers not to discriminate while recruiting – It says – no employer shall, while making recruitment for the same work or work of a similar nature, or in any condition of service subsequent to recruitment such as promotions, training or transfer, make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force.

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