Equal Remuneration Act, 1976

Boject Of The 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 woman, in the matter of employment and for connected or incidental matters.

Overriding Effect

The provisions of this Act shall have effect notwithstanding 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 this Act. Sec. 3

Maintaining of Register

Upto date for all workers employed in Form D at the place where the workers are employed. Sec. 8 Rule 6

No Discrimination

  • No discrimination to be made while recruiting men and women workers.
  • No discrimination on promotion, training or transfer except where employment of women restricted.
  • These provisions not applicable when priority is to be to scheduled castes or scheduled tribes, ex-servicemen or retrenched employees. Sec.5

Duty Of Employer

No employer shall pay to any worker, employed by him in an establishment or employment, remuneration, cash or in kind, 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.

No employer shall reduce the rate of remuneration. Sec.4

Penal Provision

Simple imprisonment upto one month or fine upto Rs.10000 or both, when any employer:

  • Omits or falls to maintain any register or other document in relation to workers.
  • Omits or fails to produce any register, muster-roll or other document.
  • Omits or refuses to give any evidence or prevents his agent, servant, etc. from giving evidence, or
  • Omits or refuses to give any Information.

Fine not less than Rs. 10,000 which may extend to Rs.20,000 or imprisonment not less than 3 months which may extend uplo one year for 1st offence, and upto two years for second and subsequent offences, if any employer:

  • makes any recruitment in contravention to the provisions of the Act, or
  • makes any payment of remuneration at unequal rates to men and women workers, for the same work or work of a similar nature, or
  • makes any discrimination between men and women workers in contravention of the provisions of the Act, or
  • omits or falls to carry out any direction made by the appropriate Government under sub-sec (5) of sec 6.