Is the Employment Exchange Act of 1959 Still Relevant for Private Companies Today?

mandira.dey
Dear All,

Can anyone guide me on the relevance of the "THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959" in today's establishment? Is it compulsory for private companies? Can you explain it to me in layman's terms?

Regards,
Mandira

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prosenjit478
It is applicable in private companies as well. You have to fill out ER1 quarterly and ER2 once every two years.
essykkr
Yes, it is applicable to all companies irrespective of being private, public, government, or non-government. However, as per Section 3(1), there are certain establishments that are exempted from the applicability of this Act, which are as follows:

(a) In any employment in agriculture (including horticulture) in any establishment in the private sector, other than employment as agricultural or farm machinery operatives.
(b) In any employment in domestic service.
(c) In any employment, the total duration of which is less than three months.
(d) In any employment to do unskilled office work.
(e) In any employment connected with the staff of Parliament.

Except for these exemptions, it is applicable to all, and there are certain compliance requirements that need to be followed by companies, such as notifying vacancies at least 15 days before conducting tests/interviews, and submitting ER-I, ER-II, etc.
Manoj KY
Submission Requirements for ER-1 and ER-2 Forms

ER-1 form is to be submitted quarterly, and ER-2 format is to be submitted yearly.

Thank you.
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