establishments bound to provide the details of their employees to District Employment Officer ?

Are all private establishments bound to provide the details of their employees to District Employment Officer ?

 A reputed private institution received a letter from District Employment officer, directing to submit the details of number of employees in the establishment. This discussion is on the question, whether such a direction is on the basis of any statutory back up.

 The direction from the District Employment officer to produce the details of employee seems to be strange; but in fact, it is duly on the basis of statutory provisions. The information is collected from all establishments in Public Sector and those employing 25 or more persons in the Private Sector under the provisions of the Employment Exchanges (Compulsory Notification of Vacancies)Act, 1959 which has made it obligatory on them to render to the local Employment Exchange employment and Occupational returns prescribed under the Employment Exchanges ( Compulsory Notification of Vacancies) Rules, 1960. The State Employment Market Information ( SEMI Unit ) set up at each State headquarters are responsible for the development of the programme in the State.

 EMI Units are functioning in all the 14 District Employment Exchanges The main objective of the programme is to collect on a regular and continuous basis, the information regarding Periodic changes in the level of Employment; Occupational, Educational, Industrial and Sectoral composition of employment; Shortages and surplus in manpower etc.

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

The intention of this legislation itself is to provide the compulsory notification of vacancies to the Employment Exchanges. The section 4 of the Act stipulates that, the employer in every establishment in public sector in that State or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed. It is also mentioned that, Nothing above said shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that vacancy has been notified under any of those sub- sections. The details of employees in Private Establishments are also to be submitted. The private establishment, where ordinarily twenty- five or more persons are employed to work for remuneration will only be answerable under this statute.

Right of access to Officers

Such officer of Government as may be prescribed in this behalf, or any person authorised by him in writing, shall have access to any relevant record or document in the possession of any employer required to furnish any information or returns under section 5 and may enter at any reasonable time any premises where he believes such record or document to be and inspect or take copies of relevant records or documents or ask any question necessary for obtaining any information required under that section.

Penalties

If any employer fails to notify to the employment exchanges prescribed for the purpose any vacancy in contravention of the provisions, 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.

If any person 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 of the Act, OR impedes the right of access to relevant records or documents or the right of entry conferred 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.

Prosecution proceedings

Cognizance of offences- No prosecution for an offence under this Act shall be instituted except by, or with the sanction of, such officer of Government as may be prescribed in this behalf or any person authorised by that officer in writing.

It is relevant to note that though details of employees are to be submitted, it does not give any right to the employment authorities to make any appointment, especially in private sector. The employee can even add in his report that, no action need to be taken on the vacancies reported.