The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 has been enacted with the intention of implementing the recommendation of the Training and Employment Services Organisation Committee set up by the government in 1952. Following were the recommendations:
The employers should be required on a compulsory basis to notify to the employment exchanges all vacancies other than vacancies in unskilled categories, vacancies of temporary duration and vacancies proposed to be filled through promotion;
That employers should also be required on a compulsory basis to render to the employment exchanges, staff strength returns at regular intervals.
The Employment Exchanges (Compulsory Notification of Vacancies) Act was enacted in 1959 to provide for compulsory notification of vacancies to the Employment Exchanges and for the rendition of returns relating to Employment situation by the employers.
All Establishments in Public Sector and such establishments in private Sector excluding Agriculture, where ordinarily 25 or more persons are employed, are covered under this Act. These establishments are required to notify all vacancies (other than those exempted) to the appropriate Employment Exchange as notified in the official Gazette by the State Government in the prescribed format. This Act will not apply to vacancies in any employment in agriculture (including horticulture), domestic service, unskilled office work , employment connected with the staff of parliament, and if the total duration of the vacancies are less than three months. The establishments are also required to render quarterly Employment return in Form ERI for every quarter ending 31st, March, 30th June, 30th September and 31st December and biennial occupational return in Form ER-II once in two years viz., by Private Sector in odd years and by Public Sector in even years. As per the provisions of this Act, persons authorized by the Government shall have access to any relevant records of the employer. They are also empowered to inspect or take copies of relevant records or document. Penal provisions have been provided by way of imposition of fine for any violation of the various provisions of this act.