The Equal Remuneration Act, 1976

The Act has been enacted to give effect to the provision of the Article 39 of the Constitution of India, which contains a directive principle of equal pay for equal work for both men and women. The Act provides for the payment of equal remuneration to men and women workers for the same work or work of a similar nature and for the prevention of discrimination on the ground of sex against women in the matter of employment.

The main provisions of the Act are as follows:

1.  Equal pay for equal work
As per Section 4 (1) of the Act, no employer shall pay to any worker employed by him remuneration at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work or work of a similar nature.
2. No discrimination to be made while recruiting men and women
As per Section 5 of the Act, no employer shall make any discrimination against women while making recruitment for the same work or work of similar nature.
3.  Exceptions
As per Section 15 of the Act, the provisions of the Act shall be inapplicable when special treatment is given to women under any law or when special treatment is accorded to women in connection with the birth of a child.
4. As per Section 16 of the Act, the Central Government or a State Government may make a declaration that in a particular establishment or employment the difference in regard to the remuneration of men and women is based on a factor other than sex and on such declaration being made any act of the employer attributable to such difference shall not be deemed to be a contravention of any provision of the Act.
5.  Penalties
As per Section 10 of the Act, if any employer (a) makes any recruitment  in contravention of the provisions of the Act, or (b) makes any payment of remuneration at unequal rates to men and women workers, for the same work or work of similar nature, or (c) makes any discrimination between men and women workers in contravention of the provisions of the Act, he would be punished with fine not less than Rs. 10,000/- but which may extend to Rs. 20,000/- or with imprisonment for a term not less than 3 months but which may extend upto one year or both for the first offence and with imprisonment which may extend upto 2 years for the second and subsequent offences.