The Equal Remuneration Act, 1976
The main objective of equal remuneration Act is to provide a guideline to the employer to pay equal pay in terms of salary or wages equally for equal job without any gender discrimination.
- Parity in wages is one of the major components of Service Law Jurisprudence which has evolved over the years.
- If two workers are doing the same work, they should be paid equal wages.
- Even Article 39 of the Constitution envisages that the state shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women.
- To give effect to this Constitutional provision The Equal Remuneration Act, 1976 was passed to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the grounds of sex, against women in the matter of employment.
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How to file a Complaint for equal pay ?
The complaint to the authority appointed under the Act must be made in Triplicate, in Form A for contravention of the Provisions of the Act and in form b for nonpayment of equal wages. The Authority will listen to both the parties and after making the necessary inquiry, direct the payment of the difference in the amount actually paid and the amount payable under the Act or direct the employer to comply with the provisions of the Act.
- Either of the parties may appeal to the appellate authority as notified by the Government under the Act within 30 days of the original order.
- Alternatively, a Public Interest Litigation may be filed in the court of law or the Legal Services Authority may be approached for getting appropriate relief and legal aid.
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