Obox Hr: Business Registrations

Applicability

This Act is applicable to all establishments in the Public Sector and those in the Private Sector employing 25 or more people to notify any vacancies to the prescribed Employment Guidance and Promotion Centres (EGPCs), with no distinction between head office and branch office.

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.

Penalty

If an employer fails to notify to the employment exchanges any vacancy in contravention of sub-section (1) or sub-section (2) of Section 4, he/she shall be liable to a fine of up to Rs 500 for the first offence. For every subsequent offence, the fine may extend to Rs 1000.

The employer in every establishment has to submit returns as per

Quarterly in Form ER-1
Biennial Return in form ER-II
Within 30 days by 30th June, 31st March, 30th September and 31st December

For any offence or violation of various provisions under this Act, penalty in terms of fine is imposed.

FAQs

What is the object of this Act ?

This Act compels the employer to notify vacancies occurring in his establishment to the specified Employment Exchanges.

How does it help the employer ?

It enables the employer to choose the best.

How does it help the person?

It provides an opportunity to the person to claim employment.

Is it compulsory for the employer to employ those sponsored by Employment Exchanges ?

No, the employer is not obliged to select or employ a person from the Employment exchanges. Employer is free to choose from other sources as well.

Does the Act apply to each and every vacancy ?

This act does not apply to vacancies in agriculture, domestic service, unskilled office work, employment connected with the staff of Parliament and also to jobs where the total duration is less than three months.

What is the manner of notifying the vacancies ?

Notification of vacancies should be in a prescribed form as specified bu the Act.

What is the time limit to notify the vacancies ?

15 days before the applicant is required to come for an interview/ written test.

Is there a provision of notifying the vacancies in Employment exchanges outside the state?

Yes, In case the employer thinks that the choices would be better if he notifies the vacancies on a state level then he can do so at the Central Employment Exchange or else he can notify at the local Employment Exchange.

What is the time limit for notifying the vacancies in case of notifying in the Central Employment Exchange?

The time limit for notifying the vacancies in the Central Employment Exchange is 60 days prior to the date of dispatch of the particulars of interview/ written test.

By what time should the employer announce the results of the selection ?

An employer has to announce the results of the selection within 15 days of his date of selection.

Is the employer required to submit returns?

Yes, the employer needs to quarterly and biennial returns in the prescribed forms to the local Employment Exchange.