Compliance Requirements under the Rules in Accordance with the Code

1. Employer not to reduce wages, etc in U.P. (Section 124)

Employers are prohibited from reducing the wages or benefits of employees covered under this Code or its schemes solely because of their liability for contributions. This ensures employees receive their full entitlements as per their employment terms, whether stated explicitly or implied.

2. Display of Notices in U.P. (Section 123(b))

Every employer must display all notices and information required under the Code at a conspicuous place and on the establishment’s notice board ensuring employees can easily access such notices and information. Notice shall be displayed in such form as prescribed by rules,

3. Form XXXVIII: Unified Annual Return in U.P. (Section 123(d))

If the employer to which the Code applies sells, abandons or discontinues the working of the establishment, then, he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance, as the case may be, upload online, on the web portal of the Labour Commissioner, Uttar Pradesh, a further unified return in Form-XXXVIII referred to in clause(1) in respect of the period between the end of the preceding year and the date of the sale, abandonment or discontinuance. Every employer shall file such returns electronically on the portal of Labour Commissioner, Uttar Pradesh or otherwise to Competent Authority, appointed under the various provisions of the Code and Rules made thereafter.

4. Form Form-XLI: Reporting of vacancies to the Career Centre in U.P. (Section 139 (2))

Employers of Public Sector must report job vacancy to specified Career Centre before filling it, as required by the state’s notification & that of Private Sector to report to Regional Career Centre by a date specified in state’s notification. Vacancies to be reported in format specified in Form-XLI.

1) When an employer reports a vacancy, the Career Centre will assign a unique vacancy reporting number and inform the employer within three working days, using email, digital, or other written communication

2) Types of vacancies to be reported & to which Career Centre:

i) Vacancies in posts of Technical and Scientific nature carrying a minimum pay or pay level or both as notified by Central Government(CG), occurring in establishments in respect of which the CG is the appropriate Government under Code; and

(ii) Vacancies which an employer may desire to be circulated to the Career Centres outside State or Union Territory in which establishment is situated shall be reported to such Career Centre(Central) as may be specified by CG by notification

(iii) Vacancies other than above shall be reported to the Career Centre (Regional) concerned

iv) Employers must report any changes to previously submitted vacancy details in writing, by official email, or digitally to the designated Career Centre

     5. Maintenance of records by employers of Establishment in Public Sector in U.P. (Section 139 (2))

After commencement of this Code in any state or area thereof, the employers in every establishment in the public sector in that state or area shall maintain records manually or electronically or digitally about:

(i) Total number of employees (regular, contractual or fixed term employment) on 31st March of every year;

(ii) Persons recruited during the year ending on 31st March;

(iii) Vacancies for which suitable candidates were not available during the year ending on 31st March; and

(iv) Occupational details of approximate number of vacancies likely to occur during the next two financial years and the skill requirements thereof.

6. Form-XLII: Submission of EIR (Employment Information Return) (Section 139 (2))

An employer shall furnish to the concerned Career Centre yearly returns in form EIR (Employment Information Return) as given at Form-XLII. Yearly returns shall be furnished manually or electronically with read receipt or otherwise or digitally, as the case may be, up to 31st March of the year.