Are you running a business? Well be very afraid, because you could probably be punished with an imprisonment of 1 month for not maintaining a certain register under the Equal Remuneration Act. The crux of the law is that any person who, or entity which has ultimate control over an establishment, factory, mine, oilfield, plantation, port or shop, must ensure payment of equal remuneration to men and women employees/workers. However, paying everyone equally is not sufficient, you must maintain a register for the purpose of this Act, which shows that you are doing so.
Call it a draconian law or whatever, if you don’t maintain this register – and if the labour inspectors visits you, or you get a notice from the labour department, you are probably going to jail.
Here’s the section for your reference:
Section 8. Duty of employers to maintain registers. — 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.
Section 10. Penalties. — (1) If after the commencement of this Act, any employer, being required by or under this 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 gives 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.
Equal Remuneration Rules
Section 6. Registers to be maintained by the employer. — Every employer shall maintain a register in relation to the workers employed by him in Form ‘D’.
Labour Law Compliances – some bad news
Anyway, this is just an example of a bunch of labour laws that you probably do not know about, but which could land you in a soup. It could lead to legal problems you are not prepared to handle and don’t want coming up. Either hire an HR person if you can afford or figure out a way to do labour law compliances yourself. On our part, we shall keep uploading some of them here from time to time.
Equal Remuneration Act
See Rule 6
Register to maintained by the employer under Rule 6 of the Equal Remuneration Rules, 1976
Name of the Establishment with full address.________________________
Total number of workers employed.________________________________
Total number of men workers employed.____________________________
Total number of women workers employed.__________________________
|Category of workers||Brief description of work||No. of men employed||No. of women employed||Rate of remuneration paid||Basic wage or salary||Components of remuneration|
|Dearness allowance||House Rent allowance||Other allowances||Cash value of concessional supply of essential commodities|