Sunday 17 May 2015

On account of work experience and difference in salary between male and female employee: - whether allowable under Equal Remuneration Act, 1976

As we all know that the Equal Remuneration Act, 1976 provides for the payment of equal remuneration to men and women workers for the same work or work of a similar nature and for the prevention of discrimination on the ground of sex against women in the matter of employment. But it does not mean that said Act’s this provision will be applicable in case where in one organization two employee viz. one male and another female, working for same type work but if male employee has more experience as compared to female employee,  and if said female employee demands same salary of male employee on the basis of the Equal Remuneration Act, 1976, then in that case her claim will not be tenable under the Act for the simple reason that what is not permissible under section 4 of the Equal Remuneration Act, 1976 is discrimination on the basis of sex.

Thus, section 4 of the Act does not contemplate that there can be no discrimination at all between men and women in the matter of remuneration.  Therefore, the discrimination in the matter of remuneration as mentioned above is not on basis of sex but rather it is on the basis of experience which is permissible.

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Hope this small write up will give insight about pertained subject.


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