Equal remuneration in labour laws

Equal remuneration in labor laws ensures that men and women receive equal pay for equal work without discrimination. In India, this principle is primarily governed by the Equal Remuneration Act, 1976. Here’s an in-depth look at the act and its provisions:

Equal Remuneration Act, 1976

Objective: The Act aims to provide for the payment of equal remuneration to men and women workers for the same work or work of a similar nature and to prevent discrimination on the grounds of s*x against women in matters of employment.

Key Provisions:

1. Equal Pay for Equal Work:

   • Section 4 mandates that employers must pay equal remuneration to men and women workers for the same work or work of a similar nature. It ensures there is no discrimination on grounds of s*x regarding the payment of wages.

2. No Discrimination in Recruitment and Conditions of Service:

   • Section 5 prohibits discrimination against women while recruiting 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.

3. Advisory Committee:

   • Section 6 empowers the Central Government to appoint advisory committees to promote employment opportunities for women and to advise on the extent to which women may be employed in various occupations.

4. Maintenance of Registers:

   • Section 8 requires employers to maintain registers and other documents in relation to workers employed by them, in the prescribed manner, to ensure compliance with the Act.

5. Penalties for Non-Compliance:

   • Section 10 stipulates penalties for employers who fail to comply with the provisions of the Act, including fines and imprisonment.

Enforcement and Compliance:

1. Inspection and Audits:

   • Inspectors appointed under the Act have the authority to examine records, registers, and any other documents relating to the wages paid to ensure compliance.

2. Complaints and Redressal:

   • Employees can file complaints with the designated authorities in case of any discrepancies or violations of the Act. The authorities are empowered to take necessary action to enforce compliance.

3. Judicial Recourse:

   • Employees can approach labor courts or industrial tribunals for redressal if they face discrimination or if the provisions of the Act are not adhered to by the employer.

Compliance Measures for Employers:

1. Job Evaluation:

   • Conduct regular job evaluations to ensure that positions requiring similar skills, effort, responsibility, and working conditions are classified similarly and paid equally.

2. Policy Formulation:

   • Develop and implement a clear policy on equal remuneration that outlines the company’s commitment to non-discrimination and equal pay.

3. Training and Awareness:

   • Provide training to HR personnel and management on the provisions of the Equal Remuneration Act and the importance of maintaining non-discriminatory practices.

4. Regular Audits:

   • Perform regular audits of wage structures and employment practices to identify and rectify any instances of gender-based pay discrimination.

5. Transparency:

   • Ensure transparency in recruitment, promotion, and remuneration processes. Clearly communicate job roles, evaluation criteria, and salary ranges to all employees.

6. Grievance Redressal Mechanism:

   • Establish a robust grievance redressal mechanism to address complaints related to wage discrimination or any violations of the Act promptly.