Objective: To provide 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.
Applicability: The Act is made applicable to Industries by Government notification viz. wholesale and retail trade, restaurants and hotels, air transport carriers, real estate and business services and legal services, community, social and personal services. The provisions of this Act have overriding effects over any other law or the terms of any award agreement or contract of service, instrument having effect under any law.
Duty regarding payment: It is the duty of employer to pay equal remuneration to men and women for same work or work of a similar nature. Payment may be in cash or kind. Besides, employer cannot reduce the rate of remuneration of any worker to make the payment look equal, higher rate being payable to both the male and women workers.
Duty regarding Recruitment: It is the duty of employer not to make any discrimination while recruiting men and women workers for the same work or work of similar nature. Exception is employment of women where it is prohibited or restricted by or under any law in force. Priority or reservation for scheduled castes or category of persons shall not be affected.
Government has powers under the Act to appoint authorities for hearing and deciding claims and complaints. The Act also lays down the provisions in respect of the duty of employers to maintain registers etc. Offences by Companies, cognisance and trial of offences, Power to make rules etc.
Inspector carries powers to enter any building, premises, factory or vessel, require employer to produce register etc., take on the spot evidence of any person, examination of any person specified, make copies/takes extracts etc.
Penalty: Defaulting employer can be fined upto five thousand
rupees. Metropolitan Magistrate or Judicial Magistrate of the First Class
is the Trial Court for Congnizance of offence.
Equal Remuneration Act, 1976 (detailed)