Background
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 and its corresponding Rules of 1960 were introduced to ensure systematic reporting of employment opportunities by establishments to Employment Exchanges. The objective was to create a centralized database of vacancies, facilitate job matching for job seekers, and promote transparency in recruitment. By mandating employers to notify vacancies and submit periodic returns, the law supports effective workforce planning and enables the government to assess trends in employment generation.
Applicability
The Act and Rules apply to:
Compliance requirement under the Rules in accordance with the Act
An employer shall furnish to the local Employment Exchange Quarterly Returns in Form ER-I within 30 days after the end of the respective quarter. This ensures that the exchange maintains updated records of employment trends and opportunities. Timely filing of returns helps in workforce planning and monitoring at the state and national levels.
Vacancies required to be notified to the Local Employment Exchange must be communicated at least 15 days before the date on which applicants are scheduled to be interviewed or tested. This advance notice ensures sufficient time for candidate mobilization and proper coordination between employers and employment exchanges.
Vacancies required to be notified to the Central Employment Exchange must be reported at least 60 days prior to the dispatch of candidate particulars, interviews, or tests. This extended notice period provides the Central Employment Exchange with adequate time to circulate the information nationally, thereby improving transparency and fair access to job opportunities.
Employers must furnish the results of selection to the concerned Employment Exchange within 15 days from the date of selection. This requirement ensures accurate tracking of placements and enhances accountability in recruitment processes through official employment channels.
Penalty & Punishment
Under Section 7:
(1) If any employer fails to notify to the employment exchanges prescribed for the purpose any vacancy in contravention of sub-section (1) or sub-section (2) of section 4, he shall be punishable for the first offence with fine which may extend to five hundred rupees and for every subsequent offence with fine which may extend to one thousand rupees.
(2) If any person—
(a) required to furnish any information or return—
(i) refuses or neglects to furnish such information or return, or
(ii)furnishes or causes to be furnished any information or return which he knows to be false, or
(iii) refuses to answer, or gives a false answer to, any question necessary for obtaining any information required to be furnished under section 5; or
(b) impedes the right of access to relevant records or documents or the right of entry conferred by section 6, he shall be punishable for the first offence with fine which may extend to two hundred and fifty rupees and for every subsequent offence with fine which may extend to five hundred rupees.
Conclusion
The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1960 play a crucial role in creating accountability for employers while providing job seekers fair access to opportunities. Proper compliance with these rules ensures timely intimation of vacancies, transparent recruitment processes, and helps the government monitor employment data at both state and central levels. Employers should implement systems to track notification deadlines, furnish quarterly returns, and report selection results to remain compliant and avoid lapses.
Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.