Employment Exchanges

8/4/2019 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/

Employment Exchanges

Documents

Transcript of Employment Exchanges