Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 4 – Equal Remuneration Act,1976

Equal Remuneration Act,1976

4. DUTY OF EMPLOYER TO PAY EQUAL REMUNERATION TO MEN AND WOMEN WORKERS FOR SAME WORK OR WORK OF A SIMILAR NATURE. –

(1) No employer shall pay to any worker, employed by him in an establishment or employment, remuneration, whether payable in cash or in kind, 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) No employer shall, for the purpose of complying with the provisions of sub-section (1), reduce the rate of remuneration of any worker.

(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 a similar nature are different only on the ground of sex, then the higher (in cases where there are only two rates), or, as the case may be, the highest (in cases where there are more than two rates), of such rates shall be the rate at which remuneration shall be payable, on and from such commencement, to such men and women workers :

Provided that nothing in this sub-section shall be deemed to 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.

Comments

(i) The principle of equal pay for equal work is not applicable in professional services; C. Girijambal v. Government of Andhra Pradesh, (1981) 2 SCC 155.

(ii) An employer cannot claim exemption on the ground of financial incapability from the Equal Remuneration Act,1976; Mackinnon Mackenzie and Co. v. Audrey D Costa, (1987) 2 SCC 469.

(iii) The proviso to sub-section (3) of section 4 operates only where sub-section (3) is applicable and not elsewhere; Mackinnon Mackenzie and Co. v. Audrey D Costa, (1987) 2 SCC 469.

(iv) The benefit conferred on females under the Act is not absolute and unconditional. Section 16 clearly authorises restrictions regarding remuneration to be paid by the employer if a declaration under it is made by the appropriate Government; Air India v. Nergesh Meerza, (1981) 4 SCC 335.

Previous | Next

Equal Remuneration Act,1976

Indian Laws – Bare Acts

MyNation

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2024 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation