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Equal Remuneration Act: How to Conduct an Internal Wage Audit

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What happens when unfair pay practices get challenged under the Equal Remuneration Act?

In 1981, a female employee at a large airline realised she was being paid less than her male colleagues doing the same work. Frustrated by this gender-based pay gap, she filed a case under the Equal Remuneration Act, 1976. The court ruled that the airline’s pay structure was unfair and against the law. This case became a turning point, pushing many companies to rethink how they pay their employees.

Sadly, such pay gaps still exist today. Some are unintentional, while others happen because companies haven’t updated their policies. Being compliant with the Equal Remuneration Act is not just about avoiding penalties, it’s about showing your company stands for fairness and respect at work.

In this blog, you’ll learn:

  • What is the Equal Remuneration Act 1976?
  • Provisions of the Equal Remuneration Act every employer must know
  • Equal Remuneration Act applicability
  • Risks of non-compliance with the Equal Remuneration Act
  • How to conduct an internal wage audit

What is the Equal Remuneration Act 1976?

The Equal Remuneration Act, 1976, was introduced to ensure that men and women receive equal pay for equal work. It also prohibits discrimination in recruitment and employment terms based on gender.

Many people today also call it the Equal Wages Act, though the official name remains the Equal Remuneration Act, 1976.

In simple terms, the Act covers two main points:
  1. Equal pay for equal work, irrespective of gender.
  2. Preventing unfair treatment of women during hiring or when deciding promotions.In today’s workplace, following this law is a must for every organisation.
What is the Equal Remuneration Act 1976

Provisions of the Equal Remuneration Act

Before you can comply, you need to understand the basic provisions of the Equal Remuneration Act. These are the rules employers must follow:

  • Equal Pay for Equal Work: Employers must pay men and women the same wages for the same or similar jobs.
  • Non-Discriminatory Hiring: You cannot refuse to hire women if they are qualified to do the work.
  • No Wage Reductions: You cannot lower anyone’s pay to match another employee’s wage.
  • Record-Keeping: You must maintain clear records about wages, job roles, and employment conditions.
  • Government Oversight: Inspectors can review your records and practices to ensure you follow the law.
These rules make sure all employees — regardless of gender — get treated fairly when it comes to pay.

Equal Remuneration Act Applicability

Who do you think needs to follow this Act? The answer: every registered business.
Equal Remuneration Act applicability covers a wide range of businesses, including:
  • Public and private companies
  • Government organisations
  • Factories and mines
  • Schools and colleges
  • Any business with 10 or more employees, including those hiring contract or temporary staff
If your company has at least 10 employees — whether permanent or temporary, you are required to follow this law.

Think you need an expert to guide you through these compliance acts?

Non-Compliance of Equal Remuneration Act: Risks and Consequences

Not following the Equal Remuneration Act can cost your company much more than just money. It can damage your reputation, break employee trust, and even land you in legal trouble. Here’s why it’s not worth the risk:
  • Fines and penalties: If you break the rules, your company could face hefty fines and might have to pay employees what they’re owed.
  • Legal trouble: Non-compliance can land you in court. In some cases, this could even lead to criminal charges.
  • Damaged reputation: Word travels fast. If people find out your company pays unfairly, it could seriously hurt your brand and make it harder to hire good talent.
  • Loss of trust: When employees feel they aren’t being paid fairly, they’re likely to leave — and it can be hard to win back their trust.
  • Wasted time and money: Sorting out pay issues after the fact and fighting legal battles takes up a lot of time and drains resources that could be better used elsewhere.
Non compliance of equal remuneration act

How to Conduct an Internal Wage Audit

Conduct an internal wage audit to make sure your company is following the law. It’s a simple but powerful way to check for pay gaps and fix them.

Here’s how to do it:

1. Decide What to Review

  • Choose which departments or job roles to include in your audit.
  • Make sure you include contract and temporary workers too.

2. Collect Salary Data

  • Gather salary, bonus, and incentive data for all employees in the selected roles.
  • Make sure the data is accurate and up to date.

3. Compare Pay Across Genders

  • For each role, compare the pay of men and women doing the same or similar work.
  • Look for any gaps that you cannot explain with valid reasons like performance.

4. Review Job Descriptions

  • Check if job titles match the actual work being done.
  • Sometimes pay gaps happen because similar roles have different job titles.

5. Fix Pay Gaps

  • If unfair pay differences are found, take action to correct them.
  • Document your changes and make sure managers understand the new pay structure.

6. Keep Records

  • Save all findings and decisions from your audit.
  • This will help if your company is ever inspected or challenged.

7. Monitor Regularly

  • Conduct wage audits once a year or when major pay changes happen.
  • This shows your company is serious about fair pay and compliance.
How to Conduct an Internal Wage Audit

Internal Wage Audit feels too complex to handle? We’ve got you.

Case Study: Female Employee vs. National Airline

A female airline employee noticed something unfair, she and other women doing the same work as their male colleagues but were being paid less and treated differently. Wanting to stand up for what was right, she filed a legal case under the Equal Remuneration Act, 1976, and Article 39(D) of the Indian Constitution.

This case showed that gender-based pay discrimination has no place in the workplace—even the big, well-known companies can be held accountable. It sent a clear message to organisations across India: fair pay matters, and the law will protect those who speak up.

The Supreme Court ruled in favour of the female employee. The airline was told to correct its policies and ensure that female staff received equal pay and fair treatment going forward. The case became a powerful example of how one person’s courage can lead to positive change.

How Vishaal Consultancy Services Can Help You Stay Compliant

Staying compliant with the Equal Remuneration Act is an ongoing process, not a one-time task. And, it’s a lot of work and we understand how daunting the task can be sometimes. That’s where Vishaal Consultancy Services comes in as a top Labour Law consultant in Bangalore.

We can help your business:
  • Conduct detailed wage audits
  • Create clear and transparent HR policies
  • Train HR teams and managers about fair pay practices
  • Provide ongoing compliance support
  • Offer guidance if your company faces a pay-related legal challenge

Whether you’re a startup or an established brand, Vishaal Consultancy Services ensures every layer of your HR process supports compliance, efficiency, and employee well-being.

Conclusion

Today, following the Equal Remuneration Act is about more than just following the law. But beyond legal compliance, it’s about creating a workplace where every employee feels valued and treated fairly and given equal opportunity.

Conducting regular internal wage audits is a proactive way to ensure your organisation remains transparent and equitable. And with expert Labour Law Advisory from Vishaal Consultancy Services, navigating compliance becomes simpler.

Are you sure if your company’s wage practices fully align with the Equal Remuneration Act? We can help. Contact Vishaal Consultancy Services today to take the first step toward fair and equal pay.

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