@Umakanthan53 Appreciate your reply sir.
The central question however, still remains - is it legally allowed or not?
Constitution argument doesn't hold.
The question is, if I am a woman and told that I can't apply for a job because of my gender or am not recruited for being a woman - can I sue the company?
My view is that (pls correct me if I am wrong) despite the preamble only saying, "Equal remuneration" and despite no notification as you say, Article 5 of the ERA clearly makes it illegal to discriminate against women in recruitment and the offending company can be sued.
Pls clarify if this is the correct interpretation - your insights would be very valuable because of your having been the Labour Commissioner.
From India, Delhi
246The central question however, still remains - is it legally allowed or not?
Constitution argument doesn't hold.
The question is, if I am a woman and told that I can't apply for a job because of my gender or am not recruited for being a woman - can I sue the company?
My view is that (pls correct me if I am wrong) despite the preamble only saying, "Equal remuneration" and despite no notification as you say, Article 5 of the ERA clearly makes it illegal to discriminate against women in recruitment and the offending company can be sued.
Pls clarify if this is the correct interpretation - your insights would be very valuable because of your having been the Labour Commissioner.
From India, Delhi
My dear Bodhisutra,
I realy appreciate your argument. Essentially, Labour Jurisprudence is an off-shoot of Civil Jurisprudence.So to determine the degree of compliance or contravention of a particular aspect or provision of any Labour Law would be dependent on the explicit subject-matter that is made enforceable by the follow-up provisions.Eventhough incidental to the main object of securing equal pay for equal work irrespective of sex, the determination of the extent of employment in any establishment i.e., the ratio of women employees is not a negligible one and as such I do agree with you that the pre-employment process of recruitment of women employees is well within the scope of the E.R Act,1976.But, my point is that you cannot resort to the legal remedies provided in the Statute in the absence of the determination of the ratio of recruitment.You can easily find some of the amended provisions in the I.D Act,1947 have not been given effect to so far. The reasons are obvious.sThat's why keeping the legal aspect aside, I gave an answer that revolves on the fulcrum of social norms.
From India, Salem
I realy appreciate your argument. Essentially, Labour Jurisprudence is an off-shoot of Civil Jurisprudence.So to determine the degree of compliance or contravention of a particular aspect or provision of any Labour Law would be dependent on the explicit subject-matter that is made enforceable by the follow-up provisions.Eventhough incidental to the main object of securing equal pay for equal work irrespective of sex, the determination of the extent of employment in any establishment i.e., the ratio of women employees is not a negligible one and as such I do agree with you that the pre-employment process of recruitment of women employees is well within the scope of the E.R Act,1976.But, my point is that you cannot resort to the legal remedies provided in the Statute in the absence of the determination of the ratio of recruitment.You can easily find some of the amended provisions in the I.D Act,1947 have not been given effect to so far. The reasons are obvious.sThat's why keeping the legal aspect aside, I gave an answer that revolves on the fulcrum of social norms.
From India, Salem
Govt. is making laws to protect innocent female employees who often fall pray to evils in the society but other side is that not all lady employees are innocent some may try to use law for their personal benefit. the laws made are easy to bend.
I herd one story from my friend that, once a 24-26 year old boy was traveling in city bus. he was standing. a lady was standing right behind him. suddenly lady started abusing the boy and said that he was touching her with sexual interest. the boy was really scared due to the scene made by the woman. the women dragged him outside the bus and said she is taking him to police. once the bus went she demanded the boy to give money and his valuable belongings to her.
the woman took all cash the boy had, his gold chain, his wrist watch and fled. the boy was scared, he had no courage to go to police due to the current laws in force.
I am not in favor of social discrimination but; employer should check character of the woman before taking her on board, especially at the time of personal interview and background checking.
From India, Mumbai
I herd one story from my friend that, once a 24-26 year old boy was traveling in city bus. he was standing. a lady was standing right behind him. suddenly lady started abusing the boy and said that he was touching her with sexual interest. the boy was really scared due to the scene made by the woman. the women dragged him outside the bus and said she is taking him to police. once the bus went she demanded the boy to give money and his valuable belongings to her.
the woman took all cash the boy had, his gold chain, his wrist watch and fled. the boy was scared, he had no courage to go to police due to the current laws in force.
I am not in favor of social discrimination but; employer should check character of the woman before taking her on board, especially at the time of personal interview and background checking.
From India, Mumbai
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Employee reference policy.doc