3.0 Equal Remuneration Act

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 "woman" mean male and female human beings, respectively, of any age; Section 4 refers to “opposite sex” and discrimination against woman. Section 5 refers to discrimination against woman

Code at Section 3 refers to discrimination on the basis of gender.

Same work or Work of Similar Nature includes experience as a factor Equal Remuneration Act 1976 (h) "same work or work of a similar nature" means work in respect of which

Code on Wages 2019 (v) "same work or work of a similar 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 conditions, by a man or a woman and the differences, if any, between 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;

when performed under similar working conditions by employees and the difference if any, between the skill, effort, experience and responsibility required for employees of

any

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 Transfer specified.

Recruitment and Conditions of Employment

Provisions shall not affect any priority or 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.

No mention

Worker vs Employees..employees includes Managerial Equal Remuneration Act 1976 (i)

(i)"worker" means a worker in any establishment or employment in respect of which this Act has come into force;

Code on Wages 2019 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.

(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. 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 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.

No mention

Definition of Employer Equal Remuneration Act 1976 Employer is defined as per Payment of Gratuity Act. Does not specifically include Contractor.

Code on Wages 2019 Includes Contractor

Discussion on what employers need to do ? • Participants to provide inputs.