Equal Remuneration Act, 1976

The Context
• Wage differentials on the basis of on sex was very
common in agricultural and other industries. This
was not in conformity in the Constitution.
• Article 14 of the Constitution of India enjoins the
State not to deny equality before regarding equal
treatment of law and equal protection of law.
• Article 16(1) declares equality of opportunity in
matter of employment of appointment to an office
under the State.
• Article 16(2) prohibits discrimination on ground,
only of religion, race, caste, sex, descent, place of
birth, residence or any of them be ineligible for, or
in respect of any employment or office under the
State.
• The Directive Principles of State Policy under
Article 39(d) envisages that equal pay should be
given to men and women doing equal work.
• Further in 1958 India ratified ILO Convention No.
111 on Equal Remuneration. To give effect to
Constitutional Directive and ILO Convention the
Equal Remuneration Act, 1976 was enacted.
 Objective
• The object of the Act is to prevent discrimination
on the ground of sex against women in respect of
remuneration and in matters of recruitment and
promotion of men and women.
 Scope and Application of the Act
• The Equal Remuneration Act, 1976 extends to the
whole of India. The Act is applicable to several
employments and establishments.
• However, the Act does not apply -
(a) to cases affecting the terms and conditions of
a women's employment in complying with the
requirements of any law giving special treatment
to women, or
(b) to any special treatment accorded to women
in connection with-
(i). the birth or expected birth of a child, or the
terms and conditions relating to retirement,
marriage or death or to any provision made in
connection with the retirement, marriage or death.
Duty of employer to pay equal remuneration to men
and women workers for same work or work of a
similar nature

Section 4 prohibits the employer to :

• 1. Pay to any worker, employed by him at rates
less favourable than those at which remuneration
is paid by him to the workers of the opposite sex in
such establishment or employment for performing
the same work or work of a similar nature.
• 2. Reduce the rate of remuneration of any worker
in the process of bringing parity in remuneration
between men and women.
• 3. Where, in an establishment or employment, the
rates of remuneration payable before the
commencement of this Act for men and women
workers for the same work or work of similar
nature are different only on the ground of sex, then
the higher (in cases where there are more than two
rates,) of such rates shall be payable, on and from
such commencement, to such men and women
workers. This would, however, not entitle a worker
to the revision of the rate of remuneration payable
to him or her with reference to the service rendered
by him or her before the commencement of this Act.
 No discrimination to be made while recruiting men
and women workers
• Section 5 prohibits the employer to make any
discrimination against women. While making
recruitment 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 except where the employment of women in
such work is prohibited or restricted by or under
any law for the time being in force. However this
provision would not affect any priority or
reservation for scheduled castes or scheduled tribes,
ex-servicemen, retrenched employees or any other
class or category or persons in the matter of
recruitment to the posts in an establishment or
employment.