EQUAL REMUNERATION

Significant provisions under Equal

Remuneration Act and Code on
Wages 2019.
 Sex replaced by Gender
Equal Remuneration Act 1976 Code on Wages 2019

Section 2 (d) "man" and Code at Section 3

"woman" mean male and
female human beings, refers to
respectively, of any age; discrimination on
Section 4 refers to “opposite
sex” and discrimination the basis of gender.
against woman.
Section 5 refers to
discrimination against woman
 Same work or Work of Similar Nature
includes experience as a factor
Equal Remuneration Act 1976 Code on Wages 2019

(h) "same work or work of a similar (v) "same work or work of a similar
nature" means work in respect of which nature" means work in respect of which
the skill, effort and the skill, effort, experience and
responsibility required are the same, responsibility required are the same,
when performed under similar working when performed under
conditions, by a man or a woman and the similar working conditions by employees
differences, if any, between the skill, and the difference if any, between the
effort and responsibility required of a man skill, effort, experience and responsibility
and those required of a woman are not of required for employees of any
practical importance in relation to the
terms and conditions of employment; gender, are not of practical importance
in relation to the terms and conditions of
employment;
Conditions of Employment introduced
and Priority excluded
Equal Remuneration Act 1976 Code on Wages 2019

Recruitment ; Promotion ; Training and Recruitment and Conditions of

Transfer specified. Employment
Provisions shall not affect any priority or No mention
reservation for Scheduled Castes or
Scheduled Tribes, ex-servicemen,
retrenched employees or any other class
or category of persons in the matter of
recruitment to the posts in an
establishment or employment.
 Worker vs Employees..employees includes
Managerial
Equal Remuneration Act 1976 Code on Wages 2019

(i) (i)"worker" means a worker in any
establishment or employment in respect
of which this Act has come into force;
(ii) (j)words and expressions used in this Act
and not defined but defined in the
Industrial Disputes Act, 1947 (14 of 1947),
shall have the meanings respectively
assigned to them in that Act.
Defines worker and employee and Section 3. (1)
There shall be no discrimination in an
establishment or any unit thereof among
employees on the ground of gender in matters
relating to wages by the same employer, in
respect of the same work or work of a similar
nature done by any employee.

k) "employee" means, any person (other than an apprentice engaged under the
Apprentices Act, 1961), employed on wages by an establishment to do any skilled,
semi-skilled or unskilled, manual, operational, supervisory, managerial,
administrative, technical or clerical work for hire or reward, whether the terms of
employment be express or implied, and also includes a person declared to be an
employee by the appropriate Government, but does not include any member of the
Armed Forces of the Union;
POWERS OF APPROPRIATE GOVERNMENT TO
EXEMPT
Equal Remuneration Act 1976 Code on Wages 2019
Sec 16 Appropriate Government is No mention
satisfied that the differences in regard to
the remuneration, or a particular species
of remuneration, of men and women
workers in any establishment or
employment is based on a factor other
than sex, it may, by notification, make a
declaration to that effect, and any act of
the employer attributable to such a
difference shall not be deemed to be a
contravention of any provision of this Act.
 Definition of Employer
Equal Remuneration Act 1976 Code on Wages 2019

Employer is defined as per Payment of Includes Contractor

Gratuity Act. Does not specifically
include Contractor.
 Discussion on what employers need
to do ?
• Participants to provide inputs.