The object of this Act is to provide for Compulsory Vacancy Notification to employment exchanges
APPLICABLITY
The Appropriate Government by the Notification in the Official Gazette, appoint in this behalf for such State and different dates may be appointed for different States or for different areas of a State
WHEN NOT APPLICABLE
The Act is not applicable to following:
- Any employment in agriculture, horticulture
- Anyemployment in domestic
- Any employment, the total duration of which is less than three months
- Any employment to do unskilled office work
- Any employment connected with the Staff of Parliament
BENEFIT
- Employees covered enjoy a benefit of Social Security in the form of an unattachable and unwithdrawable (except in severely restricted circumstances like buying house, marriage/education, ) financial nest/egg to which employees and employer contribute equally throughout the covered persons’ employment
- Thesum is normally payable on retirement or death
- Otherbenefits includes employees’ Pension Schemes and Employees’ Deposite Linked Insurance Scheme
FILING OF VACANCY NOTIFICATION
The Appropriate Government by the Notification in the Official Gazette require that form such date as may be specified be Notification, the every establishment in the Private Sector or every establishment pertaining to any class or category of establishments in Private Sector shall, furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment to such Employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition
TIME LIMIT FOR NOTIFICATION OF VACANCIES
Vacancies, required to be notified to the Local Employment Exchange, shall be notified at least one week before the date on which applicant will be interviewed or tested, where interviews or tests are held, or on the date on which vacancies are intended to be filled, if no interviews or tests are held
RETURN
- Anemployer shall furnish to all the Local Empoyment Exchange, Quarterly Return in Form ER-I and Biennial returns in Form ER-II.
- QuarterlyReturns shall be furnished within 30 days of the due dates , namely 31st March, 30th June, 30th September and 31st December
- BiennialReturns shall be furnished within 30 days of the due date as notified in the Official Gazette
OFFENCES & PENALTIES
| OFFENCES | PENALTIES |
| Failure to notify vacancies | 1st offence, fine up to Rs 500, subsequent offence, Fine up to Rs 1000 |
| Refusing or neglecting to: Furnish the information or returns Furnish or cause to furnish any information/ return, knowing it to be false Refusing to answer or giving any false answer, in relation to any information sought for Impending the right of access to relevant records/ documents or right of entry to the officers entitled to inspect | 1st offence, Fine up to Rs 250, subsequent offence, Fine up to Rs 500 |
