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Equal Remuneration Act, 1976 was repealed in 2019. The provisions were integrated into the new Act called “Code on Wages, 2019”. The new act has several other labour laws including equal rights for men and women.
The Equal Remuneration Act, 1976 was introduced to make sure that women and men get equal pay for equal work.
Think of a movie theatre where two people bought the same movie ticket, for the same seat category and same timing. It will be unfair if one is treated differently from the other. In the same way, it is an unfair practice to treat men and women differently at a workplace. They should get equal pay for equal work.
For example, at a company,there is a male accountant who is getting ₹25,000 per month and a female accountant for the same work at ₹20,000. This is against the Equal Remuneration Act and the employer is required to pay equal salary to both of them for the same work.
An employer should not discriminate on grounds of gender when he has to pay their salaries. The Equal Remuneration Act was passed because there were many cases where women were not paid equally. The act also says that there should be no discrimination while recruiting men and women.
There was a case of People’s Union of Democratic Republic v/s Union of India, 1982. In this case, women were paid ₹7 per day and men were paid ₹9.23 per day.
Justice PN Bhagwati held the proceedings and stated that men and women should be paid equally for similar amounts of work.
Some of the key features of the act are:
1- under section 2(e) of the act, women should not be underpaid in comparison to men at a workplace for the same amount of work. In case, employment is essentially different, remuneration should be done on the basis of skills and performance.
2- under section 4 of the act, no woman should be dismissed on the grounds of her sex. It prohibits discrimination and offers a guarantee against the exploitation of women workers.
3- under section 5 of the act, it is prohibited to discriminate against men and women regarding employment or any term or condition of employment.
There are many other sections in the Equal Remuneration Act,1976 which prohibits discrimination between men and women and also safeguard their rights.
The Equal Remuneration Act was enacted to fulfill the following objectives:
1- Firstly, to ensure equal wages to men and women performing the same work.
2-To promote recruitment of women in the workforce.
3- To remove any kind of discrimination against women.
4-To prohibit removal of anyone on the basis of gender.
5- To create an equitable and fair work environment.
Below is the list of state level laws related to the Equal Remuneration Act, 1976:
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All these laws are made to protect men and women from any kind of exploitation arising from the workplace.
The Equal Remuneration Act of 1976 is the first law made by the Government of India to protect women’s rights and ensure equal pay for equal work. It also prevents any kind of discrimination based on gender. After the enactment of the Equal Remuneration Act, we are moving closer to being a country where men and women are treated equally.
1- Is the Equal Remuneration Act , 1976 applicable to private companies in India?
Yes, the Equal Remuneration Act,1976 applies to both public and private companies.
2- What is the objective of the Equal Remuneration Act, 1976?
The main objective of the Equal Remuneration Act, 1976 is to protect women’s rights and ensure equal pay for equal work. There should no discrimination based on gender.
3- How do you feel about women’s rights under the current administration?
Under the current administration, women’s rights are very much strong. For example, the Government has strengthened the law by changing the Equal Remuneration Act into Code on Wages, 2019. It clearly states equal pay for equal work and prohibits any kind of gender based discrimination.
4- Is equal pay really a reality in India?
The Government of India has enacted a law called the Equal Remuneration Act,1976 to ensure equal pay to women for equal work.
5- Can a company pay different salaries if the job title is the same?
Yes, a company can only pay different salaries if the skills required for the job, nature of work are completely different. Otherwise, a company is restricted to pay equal for equal work.
