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Information Technology Labour Laws

The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.

To whom applicable

  • Every establishment in public sector and in private sector;

    hence applicable to:

    I.T. (Hardware)
    I.T. (Software)
    I.T. (Enabling Services)

  • The Act requires that the vacancies required to be filled in by the establishments have to be notified to the local / other employment exchanges in writing.

  • There is no obligation to recruit any person from among the candidates sponsored by the employment exchange merely because the vacancy has been notified.
Time limit for notification of vacancies
  • 15 days before the date on which the candidates will be interviewed or tested in case of vacancies notified to local employment exchanges.

  • Four weeks before interview / test in case of vacancies notified to Central Employment Exchange.

  • In case no interview or test is intended, the date on which the vacancies are intended to be filled.
To which Employment Exchange to notify
  • Vacancies which an employer desired to circulate to employment exchange outside the state in which the establishments is situated shall be notified to the Central Employment Exchange.

  • Vacancies other than those specified above shall be notified to local employment exchange.

  • Vacancies have to be notified in writing furnishing details as given in Form A. (Vol. II Page…)

  • An employer shall furnish the results of selection to the concerned employment exchange within 15 days from the date of selection.

  • The Director of Employment of the State or any authorized officer shall have access to any relevant records or documents in the possession of employer, can inspect at reasonable time and may institute proceedings.
Returns
  • Quarterly return to local employment exchange in Form ER - 1 (Vol. II Page……..) within 30 days of due date (31st March, 30th June, 30th September and 31st December).

  • Biennial return in Form ER-2 shall be furnished within 30 days of the due date.

 

 
 


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