Chapter XIII · Social Security Code

Employment Information and Monitoring

This chapter lets the government require employers to report job vacancies to a career centre before filling them, and lets it set how employers file returns with that centre. Reporting does not oblige the employer to hire through the centre. Small non-government establishments, jobs shorter than 90 days and several other categories are left out.

2 sections ~2 min read Official text, PDF pp. 84–85

HR managersRecruitment teamsBusiness ownersGovernment establishments

Key points

1Once the government notifies it, employers in the covered establishments must report a vacancy to the named career centre before filling it. §139
2Reporting a vacancy does not oblige the employer to recruit through the career centre. §139
3Non-government establishments with fewer than 20 employees (or another number the Central Government notifies) are outside the reporting rule. Government establishments get no size exemption. §140
4Jobs lasting less than 90 days, domestic service, staff of Parliament or a State Legislature, and private-sector agriculture (including horticulture) other than plantations are excluded. §140
5Unless the Central Government directs otherwise by notification, the Chapter does not cover vacancies filled by promotion, by absorbing surplus staff, or through UPSC, SSC, a State Public Service Commission or another notified recruitment agency, nor jobs paying less than a monthly amount the appropriate Government notifies. §140
6The executive officer can see the employer's records, enter at any reasonable time any premises where he believes those records are, take copies and ask questions. §139

At a glance

Fewer than 20 employees (or as notified by the Central Government)Headcount below which a non-government establishment is excludedSection 140 Less than 90 daysJob duration below which a vacancy is excludedSection 140

Earlier law:Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

139

Reporting of vacancies to career centres

In plain words

When the government notifies it, employers in the covered establishments must report each vacancy to a named career centre before filling it, in the form and manner the government may prescribe, and file returns with the centre. Reporting does not oblige them to hire through the centre. The executive officer may see their records, enter premises where he believes the records are, take copies and ask questions.

(1)

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.

(2)

For the purposes of sub-section (1), the appropriate Government may prescribe the following, namely:—

(i)

the manner in which the vacancies, referred to in sub-section (1), shall be reported to the career centres electronically or otherwise;

(ii)

the form in which such vacancies shall be reported to the career centres; and

(iii)

the manner and form of filing the return by the employer, to the concerned career centre.

(3)

Nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the career centre to fill any vacancy merely because such vacancy has been reported.

(4)

The executive officer shall have access to any record or document in the possession of any employer required to furnish any information or returns for the purposes of this Chapter and may enter, at any reasonable time, any premises where he believes such record or document to be and inspect or take copies of such records or documents or ask any question necessary for obtaining any information required.

Source: The Code on Social Security, 2020, official gazette copy, page 84

In plain words

For employers

Keep copies of each vacancy report and return on file, since the executive officer can ask for them and visit the premises at any reasonable time.

Did you know?

The reporting duty is not automatic. It starts only from the date the government sets in a notification, only for the establishments that notification covers, and the vacancy goes to the career centre it specifies.

140

Exclusions from application of this Chapter

In plain words

The reporting rule does not apply to private-sector agriculture (except plantations), domestic service, legislature staff, jobs under 90 days, non-government establishments with fewer than 20 employees and other notified categories; and unless the Central Government directs otherwise, the Chapter does not cover promotions, absorption of surplus staff, recruitment through UPSC, SSC or State PSCs, or jobs below a notified monthly pay.

(1)

The provisions of section 139 shall not apply in relation to vacancies,—

(a)

in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or

(b)

in any employment in domestic service; or

(c)

in any employment connected with the staff of Parliament or any State Legislature; or

(d)

in any employment the total duration of which is less than ninety days; or

(e)

in any class or category of establishments as may be notified by the Central Government; or

(f)

in any establishment (other than Government establishment) with less than twenty or such number of employees as may be notified by the Central Government; and

(g)

in any other employment as may be notified by the Central Government.

(2)

Unless the Central Government, by notification direct, the provisions of this Chapter shall not apply in relation to—

(a)

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 through independent recruitment agencies such as Union Public Service Commission, Staff Selection Commission or a State Public Service Commission or any other agencies as may be notified by the Central Government; or

(b)

vacancies in an employment which carries a monthly remuneration of less than an amount notified by the appropriate Government.

Source: The Code on Social Security, 2020, official gazette copy, page 85

In plain words

For employers

Before relying on the 20-employee exclusion, check whether the Central Government has notified a different headcount. The low-pay exclusion has no fixed figure in the Code and works only once the appropriate Government notifies an amount.

Did you know?

Private-sector farm and horticulture jobs are excluded, but plantation jobs are not, so a plantation's vacancies can fall under the reporting rule.

Did you know?

The 20-employee floor applies only to non-government establishments. A government office with even a handful of staff is not exempted by size.

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