ExplanatoryMemorandumonmodellegislationwithregardto.docVIP

Explanatory Memorandum on model legislation with regard to EQUAL PAY Long title. This sets out the objects and scope of the legislation which seeks to remove or prevent discrimination (based on sex) in the rates of remuneration for males and females in employment. The Short title highlights the main objects of the legislation by referring to Equal Pay. Clause 2 includes definitions of equal pay, equal work and remuneration. Subsection (2) deals with the circumstances in which a person will be regarded as being employed in an establishment. It is expected that in the context of equal pay legislation, the reference to the business of an employer or, in some cases, the organisation in which or in relation to which work is performed. Subsection (4) provides that specially favourable treatment accorded to an employee in connection with a childs birth or expected birth or with terms and conditions of employment related to retirement, family or death, will not be regarded as constituting discrimination between male and female employees. Subsection (5) provides that if the provisions of any law limit the work to be performed by female employees, no account shall be taken of such provisions in determining whether an element of differentiation exists in the rates of remuneration. Subsections (6) and (7) make provisions for matters to be referred to a referee for the purpose of determining whether any treatment is favourable to a particular employee. Clause 3 prohibits employers from discriminating between male and female employees by failing to pay equal pay for equal work. Subsection (2) provides that an employer who contravenes subsection (1) commits an offence and is liable to a fine on conviction. Subsection (5) provides that a prosecution for an offence shall not be taken until the mediation procedure has been determined or until the point at which restrictions no longer apply. Clause 4 empowers the court to order an employer to pay arrears of salary where that employer