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Will you please guide me on whether the Employment Exchange Act is applicable to the head office or branch office handling sales activities? The vacancies that need to be filled are for candidates with knowledge of sales, accounts, HR, purchase, logistics, etc. We do not require employees with technical skills such as ITI, diploma in mechanical/electrical/instrumentation. Neither do we require temporary or contract employees.

Please advise if we are required to file the returns ER-I & ER-II.

Regards,
Arun

From India, Pune
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Dear Arun, better you could have furnished the total number of employees ordinarily employed in your establishment. Under the Act, the term "employee" does not mean only those employees having basic or intermediary technical qualifications awarded by ITIs and Polytechnic Institutes but all employed for remuneration in any establishment covered by this Act.

Applicability of the Act

This Act is applicable to all establishments in the Public Sector and such of those establishments in the Private Sector where ordinarily 25 or more persons are employed; no distinction between head office and branch office. The objective of this Central Act is to provide for the compulsory notification of vacancies to the Employment Exchanges and for the rendition of returns relating to the employment situation by the employers.

Exempted Categories

However, the exempted categories are vacancies in agriculture, domestic services, unskilled office works, employment connected with the staff of the Parliament, and if the total duration of the vacancies is less than 3 months.

Regards

From India, Salem
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