Page 315 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes It is relevant to know that while the Equal Remuneration Act, 1976 talks of ‘same work or work
of a similar nature’, ILO Convention 100 talks of ‘work of equal value’. The two concepts are not
the same but it can be argued that the formulation in the law is easier to interpret than the
formulation in the ILO convention.

No Discrimination to be Made while Recruiting Men and Women Workers

On and from the commencement of this Act, no employer shall, while making recruitment for
the same work or work of a similar nature (or any condition of service subsequent to recruitment,
such as, promotions, training or transfer) make any discrimination against women except where
the employment of women in such work is prohibited or restricted by or under any law for the
time being in force.
Provided that the provision of this section 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 posts in an establishment or employment. (Section 5).

Advisory Committee

1) For the purpose of providing increasing employment opportunities for women, the
appropriate Government shall constitute one or more Advisory Committees to advise it
with regard to the extent to which women may be employed in such establishments or
employment as the Central Government may by notification, specify in this behalf.
2) Every Advisory Committee shall consist of not less than ten persons, to be nominated by
the appropriate Government, of which one-half shall be women.
3) In tendering its advice, the Advisory Committee shall have regard to the number of
women employed in the concerned establishment or employment, the nature of work,
hours of work, suitability of women for employment, as the case may be, the need for
providing increasing employment opportunities for women, including part-time
employment and such other relevant factors as the Committee may think fit.
4) The Advisory Committee shall regulate its own procedure.
5) The appropriate Government may after considering the advice tendered to it by the
Advisory Committee and after giving to the persons concerned in the establishment or
employment an opportunity to make representations, issue such directions in respect of
employment of women workers, as the appropriate Government may think fit.
(Section 6).

Hearing and Deciding Claims and Complaints

1) The appropriate Government may, by notification, appoint such offers, not below the
rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and
deciding:

a) complaints with regard to the contravention of any provision of this Act;
b) claims arising out of non-payment of wages at equal rates to men and women
workers for the same work or work of a similar nature.

and may, by the same or subsequent notification, define the local limits within
which each such authority shall exercise its jurisdiction.

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