One significant piece of legislation to support gender equality in the workplace is the Equal Remuneration Act of 1976, which is an Indian labor law. The right to be treated equally on the basis of sex in employment concerns is upheld by this Act, which establishes the foundation for guaranteeing equal pay for men and women for the same or comparable work. Additionally, this Act supports Article 39 of the Constitution, specifically Section 39d of the Indian Constitution, which mandates that men and women receive equal compensation for equal labor.

Let's examine the Act's background and how it has been used to protect workers' rights in India.

The Equal Remuneration Act's Past

• The Constitutional Directive Principles, particularly Article 39, which requires the State to guarantee that men and women receive equal compensation for equal labor, are where this Act had its start. It tackles the long-standing, systemic prejudice against women who get paid for doing the exact same work as men.
• Evidently from a political perspective, the Act was introduced during a time of labor reforms in the 1970s, allowing important measures like the Payment of Gratuity Act 1972 to follow suit. The ILO subsequently started to link the Equal Remuneration Act with worldwide norms.
• The Code on Wages Act 2019, which serves as the foundation for the new labor code revisions, incorporates parts of this 1976 Act. The Act's fundamental goal of guaranteeing equal treatment for men and women has been maintained.

Employer and Employee Duties

• According to Section 5 of the Act, it is the responsibility of every employer to compensate men and women equally for work of the same or comparable type, free from discrimination. No employer may make such a choice under this provision for discriminatory hiring or at any other point during employment, with the exception of situations in which specific conditions, such as maternity leave, have been made available to women.
• According to Section 6, the employer is required to keep documents and registers that serve as proof of adherence to the rules in this section. In order to protect these individuals from the unfair practices of their employers, inspectors appointed under the Act may examine such documents.
• Employers need to understand that the Indian Contract Act of 1872 will render any agreement that attempts to violate the spirit of the no discrimination law regarding gender-based remuneration unenforceable.
• The main cause of the problems that employers and employees experience is a lack of knowledge or improper application of these rules. But these problems are completely on the opposite end of the spectrum, and the law does not allow for any variation.

Employee Responsibilities

• Workers are required to report any suspected bias or discrimination in compensation. They can choose an alternative course of action by submitting such complaints to the proper authorities in accordance with Section 3 of the Act. They must also abstain from making false accusations or demands by abusing the Act's provisions.
• Therefore, in a broader sense, all workers have a civic obligation to support the underprivileged and promote gender equality in the workplace.

Penalties for Breaking the Equal Remuneration Act

• The Equal Remuneration Act breach carries a severe penalty. According to Section 10, if found guilty of violating the Act, a person faces a minimum of one month and a maximum of three months in jail, a fine of up to ₹10,000, or both. The recurrent violation may result in any additional financial burden on the employer, regardless of the prior Act breach.
• The Apex Court has consistently upheld the Act's logic. In the historic Mackinnon Mackenzie & Co. Ltd. v. Audrey D'Costa decision, the Supreme Court allowed women stenographers to be compensated equally for the same work as their male counterparts, who were paid significantly more. This decision established the foundation for further legal actions and reaffirmed the principle of nondiscrimination.
• It is important to note that companies that violate this law may also violate other Indian labor regulations, such as the 2019 Code of Wages Act, and may face penalties under these acts as well.
• Since the Indian Contract Act of 1872 mandates that courts not enforce contracts that offend public policy, it follows that any employer-employee agreement that claims to depart from any provisions of the Equal Remuneration Act would be void.

Miscellaneous

• The Act's several provisions give the federal government and state governments the authority to form advisory groups aimed at increasing women's involvement in various fields of work. Certain committees are tasked with investigating the problems that employers and workers encounter in certain fields, particularly those where women are underrepresented, and proposing solutions to the problems.
• The Act's incorporation into the new labor code modernizes its application in response to shifting workplace cultural norms, technology advancements, and the global integration of the gender equality paradigm, without diminishing its applicability.
• Employers would be wise to think about harmonizing the Equal Remuneration Act with other workplace rules, such as the Payment of Gratuity Act of 1972 and laws pertaining to sexual harassment, in order to achieve comprehensive compliance. These sections not only defend workers' rights but also foster a friendly and fair workplace environment.

In conclusion, by guaranteeing equal pay for men and women, outlawing discrimination, and fostering a just workplace, the Equal Remuneration Act is essential to defending the rights of workers, especially women. It upholds the constitutional ideal outlined in article 39d of the Indian constitution and makes employers and employees accountable under explicit legislative provisions such sections 3, 5, and 6. The legacy and goals of the Act are upheld by developing frameworks such as the Code of Wages Act 2019 and the new labor code, which strengthen gender equality and justice in all employment-related issues.

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