The
Employment
Exchanges (Compulsory Notification of Vacancies) Act, 1959 provides
for compulsory notification of vacancies and submission of employment
returns
(ER-I
and ER-II)
by the employers to the employment exchanges. According to the Act, the
term 'employment exchange' means "any office or place established
and maintained by the Government for the collection and furnishing of
information, either by keeping of registers or otherwise, respecting:-
(i) persons who seek to engage employees; (ii) persons who seek employment;and
(iii) vacancies to which persons seeking employment may be appointed".
Thus, the main activities of the employment exchanges are registration,
placement of job seekers, career counselling, and vocational guidance and
collection of employment market information.
The Act applies to all establishments in the public sector
and such establishments in the private sector as are engaged in non-agricultural
activities and employing 25 or more workers. The employer in every establishment
in public sector in any State or area shall furnish such information or
return as may be prescribed in relation to vacancies that have occurred
or are about to occur in that establishment, to such employment exchanges
as may be prescribed. But, it shall not apply in relation to the vacancies
in any employment:-
- In agriculture (including horticulture) in any establishment
in private sector other than employment as agricultural or farm machinery
operatives;
- In domestic service;
- The total duration of which is less than three months;
- To do unskilled office work;
- Connected with the staff of Parliament.
Unless the Central Government otherwise directs by notification
in the Official Gazette in this behalf, this Act shall not also apply
in relation to:- (i) vacancies which are proposed to be filled through
promotion or by absorption of surplus staff of any branch or department
of the same establishment or on the result of any examination conducted
or interview held by, or on the recommendation of, any independent agency,
such as the Union or a State Public Service Commission and the like; and
(ii) vacancies in an employment which carries a remuneration of less than
sixty rupees in a month.
Also under the Act, if any employer fails to notify to
the employment exchanges any vacancy in contravention of the Act, he/
she shall be punishable for the offence.
In the Ministry
of Labour, Directorate
General of Employment and Training (DGET)
operates National
Employment Service (NES). NES works through the Employment
Exchanges (Compulsory Notification of Vacancies) Act 1959 and rules
framed thereof . It operates through a net work of 947 employment
exchanges and carries out the following functions:-
- Registration and placement of job-seekers so as to ensure
a proper balance between demand and supply.
- Collect comprehensive Employment
Market Information on a quarterly basis for creation of data
base for use in effective management of the demand and supply of
labour, preparing career literature for counselling and vocational guidance.
- Career Counseling and Vocational Guidance.
- Conduct area specific specialised study/surveys to have
an assessment of skills available and the marketable skills required
for encouraging the job-seekers for self-employment, particularly
in rural informal sector.
- Some of the State Governments arrange disbursement of
unemployment allowance to certain specific categories of job seekers
out of their own resources through the employment exchanges as
registered with them.
