employment exchanges
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EMPLOYMENT EXCHANGES (COMPULSORYNOTIFICATION OF VACANCIES)
ACT, 1959 & THE RULES
Compiled by Vikrant Dongre
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Objectives
The Employment Exchanges Actaims to provide for compulsorynotification of vacancies toemployment exchanges.
The Act stipulates that everyestablishment in public sector inthat State or area, before filling up
any vacancy in any employment inestablishment, notify that vacancyto such Employment Exchanges asmay be prescribed.
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Applicability
Whole of India
Public Sector andPrivate sectorcompanies employeemore than 25employees.
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Act not to apply in relation to certain
vacancies
in any employment
in agriculture (including horticulture) in any establishment in
private sector other than employment as agricultural or farmmachinery operatives;
in domestic service;
the total duration of which is less than three months;
to do unskilled office work;
connected with the staff of Parliament.
unless the Central Government otherwise directs bynotification in the Official Gazette in this behalf, (Ref. Section3)
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Notification of vacancies to
employment exchanges.
1. before filling up any vacancy in any employment in thatestablishment, notify that vacancy to such employmentexchanges as may be prescribed.
2. notify to the employment exchanges and the particulars ofemployments in which such vacancies have occurred or areabout to occur shall be such as may be prescribed
3. Nothing in sub-sections (1) and (2) shall be deemed to imposeany obligation upon any employer to recruit any person through
the employment exchange to fill any vacancy merely because thatvacancy has been notified under any of those sub-sections
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Employers to furnish information
prescribed form
1. furnish such information or return as may be prescribed inrelation to vacancies that have occurred or are about to occur
in that establishment, to such employment exchanges as maybe prescribed.
2. comply with such requisition made by the appropriateGovernment by notification in the Official Gazette
3. The form in which, and the intervals of time at which, such
information or return shall be furnished and the particularswhich they shall contain shall be such as may be prescribed.
Form ER-I - Quarterly Return Submitted To The LocalEmployment Exchange
Form ER-II - Occupational Return To Be Submitted Once in Two
Years
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Right of access to records or
documents
Such officer ofGovernment as may be
prescribed in this behalf,or any person authorizedby him in writing, shallhave access to any
relevant record ordocument in thepossession of anyemployer
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Penalties
An employer contravening the provisions of Sec.4(1) or (2).
Fine up to Rs.500 for first offence and for every subsequent offence fine Rs.1000.
If any person
Required to furnish any information or return
Refuses or neglects to furnish such information or return, or
Furnishes or causes to be furnished any information or return which he knows to befalse, or
Refuses to answer, or gives a false answer to any question necessary for obtaining
any information required to be furnished under section 5; or
Impedes the right of access to relevant records or documents or the right ofentry conferred by section 6; he shall be punishable for the first offence withfine up to Rs.250 and for every subsequent offence with fine up to Rs.250 andfor every subsequent offence with fine up to Rs.500.
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Cognizance of offences
No prosecution for an offence under this Actshall be instituted except by, or with thesanction of, such officer of Government asmay be prescribed in this behalf or anyperson authorised by that officer in writing.
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Time limit for notification of vacancies
& selection
At least 15 days beforethe applicants will be
interviewed or tested. Employer to furnish
the result of selectionwithin 15 days
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Submission of Returns
Quarterly in Form ER-I
BIENNIAL ReturnForm ER-II
Within 30 days by 30th
June, 31stMarch, 30thSeptember & 31st
December.
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Thank you
Reference: www.erlaws.com
http://www.erlaws.com/