No discrimination and maintenance of registers
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Initial Setup or Ongoing Maintenance
Ongoing compliance requirement
Filing and Maintenance Requirements
Section 8 of the Equal Remuneration Act read with Rule 6 of the Equal Remuneration Rules, 1976 every employer is required to maintain an up-to-date register in relation to the workers employed by it, in Form 'D', at the place where workers are employed.
• The Remuneration Act prohibits discrimination against women while recruiting for the same work or for work of a similar nature or in the terms and conditions of service (for example matters pertaining to promotions, training or transfers) and requires that men and women workers are paid equal remuneration for the same work or for work of a similar nature.
Section 10 of the Equal Remuneration Act provides that any employer who omits to maintain any register or document required to be maintained under the Equal Remuneration Act shall be punishable with (a) simple imprisonment which may extend for a term of 1 month or (b) fine which may extend to Rs. 10,000 (Rupees Ten Thousand only), or (c) both.
• Any employer who omits or fails to maintain any register or other document in relation to workers employed by him, is punishable with (i) imprisonment for a term extending up to 1 (one) month; or (ii) fine extending up to Rs.10,000 (Rupees Ten Thousand only); or (iii) both. An employer who, amongst other things, makes any discrimination between men and women workers in contravention to the Remuneration Act, is punishable with (i) minimum imprisonment for a term of 3 (three) months extending up to 1 (one) year; or (ii) a minimum fine of Rs. 10,000 (Rupees Ten Thousand only) extending up to Rs. 20,000 (Rupees Twenty Thousand only); or (iii) both.
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