Equal Remuneration Act 1976
description
Transcript of Equal Remuneration Act 1976
“The Father of Nation”-Mahatma Gandhi desired that:-
Women should enjoy the same rights as men in every walk of life, i.e.
• Cultural – Social • Political – Economic• Developmental process• Decision making etc.
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The Hon’ble President of India (Smt. Pratibha Devi Singh Patil) have recently said that—
• Half of population is women’s population,• i.e. Half the Talent,• Half the progress,• Half the Development.
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GENDER BASED DISCRIMINATION
• It exists in our society which is enforced by Religious, Social and Cultural norms.
• It is a Violation of the very Right to Life of Women and deprive them of the civil, political and Economic liberty both within the Society and Family
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EQUAL REMUNERATION ACT, 1976[Act 25 of 1976 amended by Act 49 of 1987]
PRESENTED BY :Omprakash Suthar
PRESENTED TO:All present
Preamble
An act 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
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The Relevance of the Act• In India was enacted to prevent discrimination between
workers on grounds of gender• The purpose of the act is to make sure that employers do not
discriminate on the basis of:– Gender– In matters of wage fixing– Transfers– Training – Promotion
• It provides for payment of equal remuneration to men and women workers for:– Same work – Work of similar nature
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Cont…
• It was an additional step towards women empowerment
• The Equal Remuneration Bill was passed by both the Houses of Parliament
• It received the assent of the President on 11th February, 1976
• It extends to the whole of India
• Act makes it obligatory on the part of employer to pay equal remuneration to men and women workers for same work or work of a similar nature
• In order to make the wages equal, prevailing wages shall not be reduced but the higher rate shall be maintained
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No discrimination
• No discrimination while making recruitment for the same work or work of a similar nature, except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force.
• No discrimination in any condition of service subsequent to recruitment such as promotions, training or transfer
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PRELIMINARY• Definitions– Appropriate Government– Commencement of this Act– Employer– Man and woman– Notification– Prescribed– Remuneration
• Act to have over riding effect– The provisions of this Act shall have effect not with standing anything
inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act, or in any instrument having effect under any law for the time being in force
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PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS
• Duty of employer to pay equal remuneration to men and women workers for same work or work of a similar nature
• No discrimination to be made while recruiting men and women workers
• Advisory Committee• Power of appropriate Government to appoint
authorities for hearing and deciding claims and complaints
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MISCELLANEOUS
• Duty of employers to maintain registers• Inspectors• Penalties• Offences by companies• Cognizance and trial of offences• Power to make rules• Power of Central Government to give directions• Act not to apply in certain special cases• Power to make declaration• Power to remove difficulties• Repeal and saving
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COMPLAINTS AND CLAIMS UNDER THE ACT
• Complaints regarding contravention of the Act• Claim regarding non-payment of wages, etc• Authorisation
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REGISTERS TO BE MAINTAINED
Registers to be maintained by the employer – every employer shall maintain up-to-date a register in relation to the workers employed by him, in Form ‘D’, at the place where workers are employed
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