Employment Exchanges Act, 1959 – CS Professional Study Material

Chapter 6(H) Employment Exchanges Act, 1959 – CS Professional Labour Laws and Practice Notes is designed strictly as per the latest syllabus and exam pattern.

Employment Exchanges Act, 1959 – CS Professional Labour Laws and Practice Study Material

Question 1.
Write short notes on the following:
Employment Exchange
Answer:
Employment Exchange:
Employment Exchange means any office or place established and maintained by the Government for the collection and furnishing of information, in respect of:

  • persons who seek to engage employees
  • person who seek employment
  • vacancies to which person seeking employment, may be appointed.

Question 2.
Write short notes on the following:
Penalties on account of breach of employment Exchange Notification Act, 1959?
Answer:

  • If any employer fails to notify to the employment exchanges prescribed for the purpose any vacancy:
    • First Offence: ₹ 500
    • Every subsequent offence: Upto ₹ 1,000
  • If any refuses or neglects to furnish such information or return, or furnishes or causes to be furnished any information or return which he knows to be false, or refuses to answer, or gives a false answer to, or restricts the right of access to relevant records or documents or the right of entry:
    • First offence : ₹ 250
    • Every subsequent offence : Upto ₹ 500

Employment Exchanges Act, 1959 - CS Professional Study Material

Question 3.
What was the rationale for enactment of Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959?
Answer:

  • Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 provides for the compulsory notification of vacancies to employment exchanges.
  • It provides for compulsory notification of vacancies and submission of employment returns by the employers to the employment exchanges.
  • Act as a facilitation centre by providing one common platform for the job seekers and providers of job.
  • Main activities of the Employment exchanges include registration, placement of job seekers, career counselling, and vocational guidance and collection of employment market information.

Employment Exchanges Act, 1959 - CS Professional Study Material

Question 4.
What is the applicability of Employment Exchanges (Compulsory Notification of Vacancies) Act?
Answer:

  • Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 extends to the whole of India.
  • The Act applies to all establishments in the:
    • public sector
    • private sector as are engaged in non-agricultural activities and employing 25 or more workers.

Question 5.
What are the vacancies to which Employment Exchanges (Compulsory Notification of Vacancies) Act do not apply?
Answer:
Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 does not applies in relation to vacancies/ employment in:

  • Agriculture and horticulture in private sector
  • Domestic service
  • Duration <3 months
  • Unskilled office work
  • Staff of parliament
  • 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.
  • Where remuneration < ₹ 60 per month

Employment Exchanges Act, 1959 - CS Professional Study Material

Employment Exchanges Act, 1959 Notes

Employment Exchange

  • Employment Exchange means any office or place established and maintained by the Government for the collection and furnishing of information, in respect of:
    • persons who seek to engage employees
    • person who seek employment
    • vacancies to which person seeking employment, may be appointed.
  • This Act does not applies in relation to vacancies/ employment in:
    • Agriculture and horticulture in private sector
    • Domestic service
    • Duration <3 months
    • Unskilled office work
    • Staff of parliament
  • Further, Act does not applies to the following (Unless Central Government notifies in Official Gazette):
    • 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.
    • (b) Where remuneration < ₹ 60 per month

Employment Exchanges Act, 1959 - CS Professional Study Material

Notification of vacancies to Employment Exchanges

  • The employer in every establishment in public sector and private sector in that state or area shall notify vacancies to employment exchange, before filling up any vacancies.
  • Employers to furnish information and returns in prescribed form:
  • The employer sine very establishment in private sector 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.

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