Background
The Equal Remuneration Act, 1976 was enacted to prevent discrimination in matters relating to wages and recruitment on the grounds of gender. It mandates that men and women workers must receive equal pay for equal work and prohibits discrimination in hiring, promotions, training, or transfers. To operationalize the Act, the Equal Remuneration Rules, 1976 were framed, providing details on registers, forms, and record-keeping to monitor compliance.
Later, to simplify compliance procedures, the Government introduced the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017, which consolidated multiple registers under different labour laws into one unified register format (Form A, B, and C). This reduced duplication and administrative burden for employers, while ensuring transparency and ease of inspection.
Applicability
As per Section 15 of the Act Nothing in this Act shall apply—
(a) to cases affecting the terms and conditions of a woman’s employment in complying with the requirements of any law giving special treatment to women, or
(b) to any special treatment accorded to women in connection with—
(i) the birth or expected birth of a child, or
(ii) the terms and conditions relating to retirement, marriage or death or to any provision made in connection with the retirement, marriage or death
Registers to be maintained by the employer (Wage register Form B)[Section 8, Rule 3 (iii) of Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017 and Rule 6 of Equal Remuneration Rules, 1976]
On and from the commencement of this Act, every employer shall maintain such registers and other documents in relation to the workers employed by him as may be prescribed.
Every employer shall maintain up to date a register in relation to the workers employed by him, in Form B specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017, at the place where the workers are employed.
Penalty & Punishment
Any employer, being required by or under the Act, so to do—
(a) omits or fails to maintain any register or other document in relation to workers employed by him, or
(b) omits or fails to produce any register, muster-roll or other document relating to the employment of workers, or
(c) omits or refuses to give any evidence or prevents his agent, servant, or any other person in charge of the establishment, or any worker, from giving evidence, or
(d) omits or refuses to give any information, he shall be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both.
Conclusion
The Equal Remuneration Act, 1976, supported by its Rules and further simplified by the Ease of Compliance Rules, 2017, establishes a strong legal framework against gender-based wage discrimination in India. While the Act ensures fairness and equality at the workplace, the Rules make it practical for employers to comply without excessive record-keeping burdens. In conclusion, the combined effect of these laws balances workers’ rights to equality with employers’ ease of compliance, fostering a more inclusive and efficient work environment.
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