However, section 140 says the provisions of section 139 shall not apply in relation to vacancies “in any establishment (other than government establishment) with less than twenty or such number of employees as may be notified by the central government”. (Representative image)
Every establishment employing 20 or more workers may soon be required to report any vacancy that needs to be filled up to Career Centres, government-run modernised employment exchanges being planned to be set up.
As per section 139 of the Social Security Code, “The appropriate government may, by notification, require that from such date as may be specified in the notification, the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment or such class or category of establishments, as the case may be, shall report or cause to be reported, that vacancy to such career centre as may be specified in the notification, and the employer shall thereupon comply with such requisition.”
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However, section 140 says the provisions of section 139 shall not apply in relation to vacancies “in any establishment (other than government establishment) with less than twenty or such number of employees as may be notified by the central government”.
The government will prescribe the manner and the form in which the vacancies will have to be reported to the Career Centres.
However, the Code does not make it mandatory for the employer to recruit any person through the Career Centre to fill any vacancy merely because such vacancy was reported.
The provision would not apply to any employment in agriculture and horticulture workplaces in the private sector; though would apply for the plantation sector.
Also the provision would not apply for any employment in domestic service; in parliament or in state assemblies; and in cases where the total duration of employment is less than 90 days.
The provision will also not apply for independent recruitment agencies such as UPSC, Staff Selection Commission and State public Service Commission. This will also not apply in a vacancy which carries a monthly remuneration of less than an amount notified by the appropriate government.
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