Equal Remuneration Act, 1976
The main objective of Equal Remuneration Act, 1976 is to ensure payment of equal on wages for same or sir~lilar work to men and women and to prevent discrimii~atioi~ grounds of sex against women in the matter of employment and for all matters connected therewith and ii~cidental thereto. The Act was enacted to give effect to the provision of Article 39 of our Constitution which envisages that states shall direct its policy, among other things, towards securing equal pay for equal work for both men and women. It also prevents discriininatiol~ against women in the matter of recruitment and other employinent matters.
Scope and Coverage
The Act extends to the whole of India and applies to practically every kind of establisl~inents including factories, industrial establishments, banks, insurance companies, hospitals, local bodies, plantation, hotels, restaurants, shops and establishments, transport, construction, real estate, community services,professional and personal services, etc.The work of similar nature has been defined as the work which requires same skill,effort and responsibility when performed under similar working conditions, by a man or a woman. The differences, if any, within the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment. It covers all type of workers in UI establishment or employment covered by the Act.
Administration
The Act is administered by the central government in relation to any employment carried on by or under the authority of central government or railway administration or in relation to the banking company, mines, oil fields, major ports or ally corporation established under the central government.In relation to m y other employment, it is administered by the conceriled state government. The appropriate government appoints officers and inspectors for looking into the complaints of concerned women employees and giving effect to various provisions of the Act.
Main Provisions of the Act
Llu~qf'tlze Ertzl~lovcr to Pay Equal Remuneration No employer shall pay to any worker's remuneration's at rates less favourablemthan those which is paid to the workers of opposite sex in his establishment for performing the same work or work of similar nature. He shall not reduce the rate of remuneration of any worker to comply with the provigion of this section.
No Discrimination in Recruitment
While making the recruitment for the same wc 11 k of a similar nature or in any condition of service subsequent to recruitmeill juch as promotion, training or transfer, etc. make any discrimination against women except where the employment of women in such work is prohil71ted or restricted by any law for the time being in force without affecting any priority or reservation for schedule castes, schedule tribes, ex-service men, retrenched employee, etc.
Constitution of Advisory Committee
The appropriate government shall constitute one or more Advisory Committee to advice it on increasing employment opportunities for women or extent of their employment in different establishments.
Power to Appoint Authority%for Ileciding Claims and Complaints
The appropriate government may appoint any officer not below the rank of a Labour Officer to hear and decide the claims arising out of non-payment of wages at equal rates to men and women workers for the same work at similar nature or to look into complaints regarding the contravention of the provisions of the Act.
Obligations of the Employer
The employer has the following obligations under the Act :
(a) to pay equal wages for equal work to men and women;
(b) not to discriminate women in matter of recruitment, transfer, promotion, and training, etc.; and
(c) to maintain the register with up-to-date entry regarding the category of workers, nature of work, number of men and women employed and rate of remuneration paid to them.
Right of Employees
The employees have the following rights :
(a) right to complaint against the employer for contravention of any of the provisions of the Act;
(b) right to file claim arising out ot non-payment of wages at equal rate to men and women for the same work; and
(c) right to appeal against the decision of the authority within a period of 30 days.
Offences and Penalties
For various offences in contravention of the provisions of the Act, the employer shall be fined for not less than Rs. 10,000 which may extend to Rs. 20,000 or with imprisonment which shall not be less than 3 months and may extend to 1 year or both for the first offence and with imprisonment which may extend to 2 years for second and subsequent offence.For refusing to produce record or omission to maintain the record in the prescribed manner, employer may be fined upto Rs. 500.
The Maternity Benefit Act, 1961
The Maternity Benefit Act,1961 intends to regulate the employment of women in certain establishments for certain period before and after the child birth and to provide for maternity benefit and certain other benefit. The basic object of the Act is to protect the employment and to ensure payment of wages during the period when she is away from work before and after the birth of a child upto a certain period.
Scope and Coverage
The Act applies to every establishments being a factory, illiile or plantation including any such establishment belonging to the Governmeilt and to every establishment wherein persons are employed for exhibition of ecluestri,m, aerobatics and other performances. It also applies to every shops andestablishments within the meaning of any law for the time being in force in relation to shops and establishments in a state, in which 10 or more persons are employed or were employed on any day of the preceding twelve months.
Nothing contained in this Act shall apply to ariy factory or establishment to which the provisions of Enlployec's State Insurance Act, 1948, apply for the time being except that a woman shall continue to enjoy the benefit of the Act till she becomes entitled for the maternity benefit under Employee's State Insurat~ce Act, 1948 evenif the ESI Act becomes applicable to establishment in which she is working. The Act has been made effective in different states from different dates and at present it extends to whole of India.
Administration
The Act is administered by Central Government in relation to an establishment being a mine or an establishment wherein persons are employed for 111e exhibition of equestrian, aerobatics and other performances. The State Government is responsible for implementation of the varinus provisions of the Act in relation to all other establishments.
Main Provisions of the Act
Ernyloyment or Work by Woman Prohibited During Certain Period (Section 4 ) N o employer shall knowingly employ a woman and no woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage. No pregnant woman on a request made by her in this behalf be required by her employer to do any strenuous work any time during two and a half month before her delivery.
Right to Payment of Maternity Benefit
Every woman shall be entitled to payment of maternity benefit at the rate of average daily wages for the period of her actual absence immediately preceding the day of her delivery and period immediately following her delivery subject to a maximum of twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
Payment of Medical Bonus
Every woman shall be entitled to receive a medical bonus of Rs. 250 from the employer, if no prenatal confinement and postnatal confinement is provided by her employer, free of charge.
Leave for Miscarriage
In case of miscarriage subject to production of prescribed medical proof, be entitled to leave with wages at the rate of her average daily wage for a period of six weeks, immediately following the day of her miscamage. Leave for Illness Arising out of Pregnancy, 1)eliver-y. Premature Birth of Child,Miscarriage
A woman suffering from illness arising out of pregnancy, delivery, premature birth of the child or miscarriage shall be entitled additional leave upto a maximum of 30 days over and above maternity leave or leave for miscarriage.
Nursing Break
Every woman after the delivery of the child when she resumes duty, is entitled to additional break of 15 minutes duration over and above a 11ormal rate till the child attains the age of 15 months.
Dismissal During Absence or Pregnancy
Any woman to absent herself from work in accordance with the provision of the Act, it shall be unlawful for her employer to discharge or dismiss her on account of such absence or to change may condition or her service to her disadvantage during this period.
Obligations of the Employer
The important obligations of the employer are as under :
(a) to pay various benefits to the women employees such as maternity benefit, medical bonus, nursing break as per the provisions of the Act:
(b)Resource Management
engage woman after delivery within six weeks in his eiliployment m contravention of Section 4 of the Act;
1101 to
(c) to exhibit the abstract of the provisians of the Act and rules in local language at a conspicuvus place in the establishment: and id) to prepare and maintain the prescribed registers & records and submit the prescribed returns.
Rights of the Employees
The woman employees are entitled to the following rights :
(a) to avail various benefits as provided under the Act subject to prescribed rules: and
(b) to make a complaint to the inspector and claim the benefit illegally denied by tlie employer.
Offences and Penalties
For committing violation of any of tlie provisions of the Act, llie employer can be imprisoned for a term extending upto one year or fine upto Rs. 5000 or both.
The main objective of Equal Remuneration Act, 1976 is to ensure payment of equal on wages for same or sir~lilar work to men and women and to prevent discrimii~atioi~ grounds of sex against women in the matter of employment and for all matters connected therewith and ii~cidental thereto. The Act was enacted to give effect to the provision of Article 39 of our Constitution which envisages that states shall direct its policy, among other things, towards securing equal pay for equal work for both men and women. It also prevents discriininatiol~ against women in the matter of recruitment and other employinent matters.
Scope and Coverage
The Act extends to the whole of India and applies to practically every kind of establisl~inents including factories, industrial establishments, banks, insurance companies, hospitals, local bodies, plantation, hotels, restaurants, shops and establishments, transport, construction, real estate, community services,professional and personal services, etc.The work of similar nature has been defined as the work which requires same skill,effort and responsibility when performed under similar working conditions, by a man or a woman. The differences, if any, within the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment. It covers all type of workers in UI establishment or employment covered by the Act.
Administration
The Act is administered by the central government in relation to any employment carried on by or under the authority of central government or railway administration or in relation to the banking company, mines, oil fields, major ports or ally corporation established under the central government.In relation to m y other employment, it is administered by the conceriled state government. The appropriate government appoints officers and inspectors for looking into the complaints of concerned women employees and giving effect to various provisions of the Act.
Main Provisions of the Act
Llu~qf'tlze Ertzl~lovcr to Pay Equal Remuneration No employer shall pay to any worker's remuneration's at rates less favourablemthan those which is paid to the workers of opposite sex in his establishment for performing the same work or work of similar nature. He shall not reduce the rate of remuneration of any worker to comply with the provigion of this section.
No Discrimination in Recruitment
While making the recruitment for the same wc 11 k of a similar nature or in any condition of service subsequent to recruitmeill juch as promotion, training or transfer, etc. make any discrimination against women except where the employment of women in such work is prohil71ted or restricted by any law for the time being in force without affecting any priority or reservation for schedule castes, schedule tribes, ex-service men, retrenched employee, etc.
Constitution of Advisory Committee
The appropriate government shall constitute one or more Advisory Committee to advice it on increasing employment opportunities for women or extent of their employment in different establishments.
Power to Appoint Authority%for Ileciding Claims and Complaints
The appropriate government may appoint any officer not below the rank of a Labour Officer to hear and decide the claims arising out of non-payment of wages at equal rates to men and women workers for the same work at similar nature or to look into complaints regarding the contravention of the provisions of the Act.
Obligations of the Employer
The employer has the following obligations under the Act :
(a) to pay equal wages for equal work to men and women;
(b) not to discriminate women in matter of recruitment, transfer, promotion, and training, etc.; and
(c) to maintain the register with up-to-date entry regarding the category of workers, nature of work, number of men and women employed and rate of remuneration paid to them.
Right of Employees
The employees have the following rights :
(a) right to complaint against the employer for contravention of any of the provisions of the Act;
(b) right to file claim arising out ot non-payment of wages at equal rate to men and women for the same work; and
(c) right to appeal against the decision of the authority within a period of 30 days.
Offences and Penalties
For various offences in contravention of the provisions of the Act, the employer shall be fined for not less than Rs. 10,000 which may extend to Rs. 20,000 or with imprisonment which shall not be less than 3 months and may extend to 1 year or both for the first offence and with imprisonment which may extend to 2 years for second and subsequent offence.For refusing to produce record or omission to maintain the record in the prescribed manner, employer may be fined upto Rs. 500.
The Maternity Benefit Act, 1961
The Maternity Benefit Act,1961 intends to regulate the employment of women in certain establishments for certain period before and after the child birth and to provide for maternity benefit and certain other benefit. The basic object of the Act is to protect the employment and to ensure payment of wages during the period when she is away from work before and after the birth of a child upto a certain period.
Scope and Coverage
The Act applies to every establishments being a factory, illiile or plantation including any such establishment belonging to the Governmeilt and to every establishment wherein persons are employed for exhibition of ecluestri,m, aerobatics and other performances. It also applies to every shops andestablishments within the meaning of any law for the time being in force in relation to shops and establishments in a state, in which 10 or more persons are employed or were employed on any day of the preceding twelve months.
Nothing contained in this Act shall apply to ariy factory or establishment to which the provisions of Enlployec's State Insurance Act, 1948, apply for the time being except that a woman shall continue to enjoy the benefit of the Act till she becomes entitled for the maternity benefit under Employee's State Insurat~ce Act, 1948 evenif the ESI Act becomes applicable to establishment in which she is working. The Act has been made effective in different states from different dates and at present it extends to whole of India.
Administration
The Act is administered by Central Government in relation to an establishment being a mine or an establishment wherein persons are employed for 111e exhibition of equestrian, aerobatics and other performances. The State Government is responsible for implementation of the varinus provisions of the Act in relation to all other establishments.
Main Provisions of the Act
Ernyloyment or Work by Woman Prohibited During Certain Period (Section 4 ) N o employer shall knowingly employ a woman and no woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage. No pregnant woman on a request made by her in this behalf be required by her employer to do any strenuous work any time during two and a half month before her delivery.
Right to Payment of Maternity Benefit
Every woman shall be entitled to payment of maternity benefit at the rate of average daily wages for the period of her actual absence immediately preceding the day of her delivery and period immediately following her delivery subject to a maximum of twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
Payment of Medical Bonus
Every woman shall be entitled to receive a medical bonus of Rs. 250 from the employer, if no prenatal confinement and postnatal confinement is provided by her employer, free of charge.
Leave for Miscarriage
In case of miscarriage subject to production of prescribed medical proof, be entitled to leave with wages at the rate of her average daily wage for a period of six weeks, immediately following the day of her miscamage. Leave for Illness Arising out of Pregnancy, 1)eliver-y. Premature Birth of Child,Miscarriage
A woman suffering from illness arising out of pregnancy, delivery, premature birth of the child or miscarriage shall be entitled additional leave upto a maximum of 30 days over and above maternity leave or leave for miscarriage.
Nursing Break
Every woman after the delivery of the child when she resumes duty, is entitled to additional break of 15 minutes duration over and above a 11ormal rate till the child attains the age of 15 months.
Dismissal During Absence or Pregnancy
Any woman to absent herself from work in accordance with the provision of the Act, it shall be unlawful for her employer to discharge or dismiss her on account of such absence or to change may condition or her service to her disadvantage during this period.
Obligations of the Employer
The important obligations of the employer are as under :
(a) to pay various benefits to the women employees such as maternity benefit, medical bonus, nursing break as per the provisions of the Act:
(b)Resource Management
engage woman after delivery within six weeks in his eiliployment m contravention of Section 4 of the Act;
1101 to
(c) to exhibit the abstract of the provisians of the Act and rules in local language at a conspicuvus place in the establishment: and id) to prepare and maintain the prescribed registers & records and submit the prescribed returns.
Rights of the Employees
The woman employees are entitled to the following rights :
(a) to avail various benefits as provided under the Act subject to prescribed rules: and
(b) to make a complaint to the inspector and claim the benefit illegally denied by tlie employer.
Offences and Penalties
For committing violation of any of tlie provisions of the Act, llie employer can be imprisoned for a term extending upto one year or fine upto Rs. 5000 or both.
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