Editing Equal pay for equal work (section)

====Statutory Protection====
In 1976, the Equal Remuneration Act was passed with the aim of providing equal remuneration to men and women workers and to prevent discrimination on the basis of gender in all matters relating to employment and employment opportunities. This legislation not only provides women with a right to demand equal pay, but any inequality with respect to recruitment processes, job training, promotions, and transfers within the organization can also be challenged under this Act.<ref>{{cite web|title=Section 4 and 5, Equal Remuneration Act, 1976 |url=http://pblabour.gov.in/pdf/acts_rules/equal_remuneration_act_1976.pdf |url-status=dead |archive-url=https://web.archive.org/web/20150421031623/http://pblabour.gov.in/pdf/acts_rules/equal_remuneration_act_1976.pdf |archive-date=April 21, 2015 }}</ref> However, its scope does not extend to situations where: (i) a woman is attempting to comply with the requirements of laws giving women special treatment; and (ii) a woman is being accorded special treatment on account of the birth of a child, or the terms and conditions relating to retirement, marriage or death.<ref>{{cite web|title=Section 15, Equal Remuneration Act, 1976 |url=http://pblabour.gov.in/pdf/acts_rules/equal_remuneration_act_1976.pdf |url-status=dead |archive-url=https://web.archive.org/web/20150421031623/http://pblabour.gov.in/pdf/acts_rules/equal_remuneration_act_1976.pdf |archive-date=April 21, 2015 }}</ref> Companies and individual employers can both be held accountable to maintain the standards prescribed under this Act.<ref>{{cite web|title=Section 11, Equal Remuneration Act, 1976 |url=http://pblabour.gov.in/pdf/acts_rules/equal_remuneration_act_1976.pdf |url-status=dead |archive-url=https://web.archive.org/web/20150421031623/http://pblabour.gov.in/pdf/acts_rules/equal_remuneration_act_1976.pdf |archive-date=April 21, 2015 }}</ref> In various cases, the [[Supreme Court of India]] has also held that discrimination on the basis of gender only arises when men and women perform the same work or work of a similar nature. However, it clarified that a flexible approach is required to be taken while deciding which kinds of work may be similar by considering the duties actually performed as a part of the job, and not the duties potentially capable of being performed.<ref>{{cite journal|title=Mackinnon Mackenzie & Co. Ltd. v. Audrey D' Costa & Another|year=1987 |volume=2 |journal=SCC |page=469}}</ref>