The Equal Remuneration Act, 1976

     


Object
Applicability of the Act
Enforcement Machinery
What should a factory owner know about Factories Act-1948
Complaints and Claims

Object

The Equal Remuneration Act provides for payment of equal remuneration to men and women workers for similar work and prevents discrimination on the ground of sex against women in the matter of employment and for matter connected therewith or incidental thereto.

Applicability of the Act

The Act applies to all establishments/employments as notified by Govt. of India from time to time. (section-1)

Enforcement Machinery
The Labour Officer-cum-Conciliation Officers have been appointed 'Authority' for the purpose of hearing & deciding complaints or claims. Any employer or worker aggrieved by any order made by an authority, may appeal within 30 days to the Joint Labour Commissioner, Haryana who has been appointed as next higher Authority by the State Govt. to hear and decide the appeal. Every authority shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908. The Labour Commissioner, Joint Labour Commissioner, Deputy Labour Commissioner, Labour Officer-cum-Conciliation Officers, Welfare Officers (woman) & Labour Inspectors in the State have been notified as 'Inspector' within their respective jurisdictions to monitor the provisions of the Act. (section-7&9)

 

What should a factory owner know about Factories Act-1948

1.   Every employer should pay equal remuneration to men & women workers for same  work or work of similar nature. (section-4)

2.    No employer shall reduce the rate of remuneration of any worker. (section-4)

3.    No employer shall, 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 make any discrimination against women. No priority or reservation shall affect in the matter of recruitment to the posts for scheduled castes, scheduled tribes, ex-servicemen and retrenched employees. (section-5)

4.    Every employer shall maintain up to date a register in relation to the workers employed by him in Form-D(ER). (section-8)

Complaints and Claims
  1. Every complaint regarding contravention of any provisions of the Act, shall be made in triplicate in Form-A(ER) to the authority.(Rule-3(I))
  2. A single complaint or petition for claim may be made by the group of workers, if they are employed in same establishment & complaints relates to the same contravention. (section-7)

  3. A complaint may be made by any legal practitioner or any official of a registered trade union or any Inspector. (Rule-4)

  4. Written consent for authorization in favour of legal practitioner or official of TU should be presented to the authorities in Form-C(ER). (Rule-5)

  5. Every claim arising out of non payment of wages at equal rates to men & women workers for the same work or work of a similar nature shall be made by in triplicate to the 'Authority' in Form-B(ER). (Rule-4(i))


 
Labour Department, Haryana
30 Bays Building, Sector - 17, Chandigarh  160017
Phone:  0172 - 2701373        Fax:   0172 -2701266
E.Mail:  labourcommissioner@hry.nic.in

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