Rule 29. Manner and form of reporting vacancies and form of filing the return by the employer, to the concerned career centre under sub-section (2) of section 139 of the Code

(1) Reporting of Vacancies to Career Centres.-

(a) after the commencement of this Code in the State or area thereof, 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, report that vacancy or cause to be reported to such Career Centre as may be specified in the notification by the State Government;

(b) the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, report that vacancy or cause to be reported to such Career Centre from such date as may be specified in the notification by the State Government;

(c) state Government shall provide for mechanism for receipt of vacancies reported by the employers. Career Centre to which the vacancies are reported, would provide a unique vacancy reporting number for the vacancy reported and convey it to the employer in writing, through email or digitally or through any other such media immediately but in any case not later than five working days from the date of receipt of reporting of vacancies.

Explanation:—

(i) Establishment in “public sector” means an establishment owned, controlled or managed by.—

(a) the Government or a Department of the Government;

(b) A Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (No. 18 of 2013);

(c) A corporation (including a co-operative society) or an autonomous organization or an authority or a body established by or under a Central or State Act, which is owned, controlled or managed by the Government; and

(d) A local authority.

(ii) “Establishment in private sector” means an establishment which is not an establishment in public sector and with ordinarily 25 or more employees or such number of employees as may be notified by the State Government.

(2) Type of vacancies and respective Career Centre for reporting of vacancies.—

(a) the following vacancies, namely-

(i) all vacancies in posts of Technical and Scientific nature carrying a minimum pay or pay level or both as notified by the State Government, occurring in establishments in respect of which the State Government is the appropriate Government under the Code; and

(ii) vacancies which an employer may desire to be circulated to the Career Centres outside the State or Union Territory in which the establishment is situated shall be reported to such Career Centre as may be specified by the State Government by notification.

(b) vacancies which have been reported to the Career Centre and for which recruitment is to be made on State or Inter-State or all India basis, shall also be reported to Career Centre (Central) or uploaded on a digital portal as specified by the Central Government by notification.

(3) Form and manner of reporting of vacancies.—

(a) the vacancies shall be reported in writing or through valid official email or digitally to the Career Centre specified by the State Government;

(b) the vacancies shall be reported in the format given at Form XXIV, furnishing as many details as practicable, separately in respect of each type of vacancy;

(c) any change in the particulars already furnished to the Career Centre under clause (a) of sub-rule(3), shall be reported in writing or through official email or digitally as the case may be, to the specified Career Centre.

(4) Time limit in the reporting of vacancies.— vacancies, required to be reported to the Career Centre, shall be reported at least fifteen days before the last date of receipt of the applications of the prospective candidates for purpose of appointment or taking interview or test against the vacancies reported.

(5) Maintenance of records.—

(a) after commencement of these rules in any state or area thereof, the employers in every establishment in the public sector in that state or area shall maintain records manually or electronically or digitally about -

i) total number of employees (regular, contractual or fixed term employment) on thirty first March of every year;

ii) persons recruited during the year ending on thirty first March;

iii) occupational details of its employees on thirty first March of every year;

iv) vacancies for which suitable candidates were not available during the year ending on thirty first March; and

v) approximate number of vacancies likely to occur during the next financial year.

(b) The State Government may by notification, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishment in private sector shall maintain records manually or electronically or digitally about -

i) total number of employees (regular, contractual or fixed term employment) on thirty first March of every year;

ii) persons recruited during the year ending on thirty first March;

iii) occupational details of its employees on thirty first March of every year;

iv) vacancies for which suitable candidates were not available during the year ending on thirty first March; and

v) approximate number of vacancies likely to occur during the next financial year.

(6) Submission of returns.— An employer shall furnish to the concerned Career Centre yearly returns in form EIR (Employment Information Return) as given at Form-XXV Yearly returns shall be furnished manually or, electronically, or digitally, as the case may be, as specified by the respective State Government in notification, within thirty days of the due date namely thirty first March of the year.

(7) Declaration of Executive Officer.— The Director of Employment, controlling the work of Career Centres of the State Government, will declare in writing an officer looking after the work of Career Centres as “Executive Officer” for each district for the purpose of enforcement/implementation of Chapter XIII (Employment Information and Monitoring) of the Code. He shall be the officer who shall exercise the rights and perform duties referred to in section 139 of the Code, or authorize any person in writing to exercise those rights and perform duties.

(8) Levy of penalty under Chapter XIII of the Code.— The Director of Employment or an officer of equivalent or above rank, controlling the work of Career Centres, of the respective State shall be the competent authority to approve institution or sanction the institution of levy of penalty for an offence under the Code as mentioned in section 133.