The Labour Department of Haryana on January 10, 2022 has issued the Haryana State Employment of Local Candidates Rules, 2021.
The foremost provisions of the rules are as follows:
• Registration of employees by the employer.
Every employer using its Haryana Udhyam Memorandum Identification Number shall register all its employees, who receive gross monthly salary or wages as notified from time to time under section 3 of the Act by providing the required details of each such employee, in the form as specified on the designated portal.
• Registration of Local Candidate.
Local Candidate who seeks employment under this Act may register on the designated portal in the format as specified on the designated portal.
• Exemption application.
(1) Any employer who seeks exemption from the provisions of section 4 of the Act, shall apply on the designated portal to the Designated Officer in the format as specified in Form-I and shall furnish reasonable grounds for granting such exemption mentioning there in the specific requirement of qualification, skill and experience for the said post and availability or otherwise of the Local Candidates possessing such qualification, skill and experience.
(2) The Designated Officer after due consideration of such request under section 5 of the Act, shall pass an order within a period of fifteen days and upload the same on the designated portal. The Designated Officer may for the purpose of conducting inquiry or verifying the grounds of exemption taken by the employer for claiming exemption under section 5, take such assistance, as he deems fit, of the Authorized Officer.
Provided that any exemption granted under these rules shall be valid for a maximum period of one year from the date of grant of the exemption.
Provided further that any vacancy remain unfilled after granting the exemption beyond the period of one year, shall be treated as new or fresh vacancy unless the exemption is granted subject to providing training sub clause (iii) of under sub-section (2) of section 5 of the Act.
• Maintenance of records in digital form.
(1) Every employer shall maintain records and make available for inspection and verification by the Designated Officers / Authorized Officers, as the case may be, in digital form, as under :-
(a) number of employees (regular, temporary, contractual, casual and fixed term employee) on the last date of every quarter.
(b) occupational/ post-wise details of employees on last date of every quarter.
(c) number of Local Candidates recruited / appointed during every quarter.
(d) record of exemption obtained during the quarter due to non-availability of suitable candidates.
(e) record of training imparted or camp for skill development organized for Local Candidates.
(f) any other relevant record.
(2) The production of record in digital form shall be acceptable for the purpose of this Act.
• Appeal.
(1) Any employer preferring an appeal shall accompanied in duplicate a memorandum of appeal setting forth concisely the grounds of the appeal, one copy of which shall bear a proof of payment of fee of one hundred rupees through electronic mode and a certified copy of the impugned order or direction.
(2) On receipt of the appeal, the Appellate Authority, having been satisfied that the grounds of appeal are reasonable, shall issue, notice as per Form-IV to the appellant and to the Authority to present their case in person or through an Authorized representative or legal practitioner who is well acquainted with the fact of the case, on the date and time as specified in the said notice.
(3) The appellate authority, after hearing the parties and after such further inquiry, as it may deem necessary, may confirm, vary or set aside the order or directions from which, the appeal is preferred and shall make an order accordingly.
[Notification No Lab/1128]
