Haryana State Employment of Local Candidates Act

January 17, 2022

The act was passed in 2020. The act reserves 75% of jobs to the local residents of the state.

Key Features of the act

The act applies to all the partnership firms, companies, trusts, societies and any person employing 10 or more persons. The act is not applicable to state and central government. The act is to be in force for ten years, that is, till 2030.
The employers in the state should provide 75% of jobs to the local candidates. These jobs are those that offer salary up to Rs 50,000.
The employers should register all their employees on a designated portal.
The employers can claim for exemption if there are no adequate local candidates of required skills. This exemption is evaluated by the Deputy Commissioner. The DC can accept or reject the claim. He can also direct the employer to provide formal training to the candidate.

Issues

The constitution provides fundamental rights to all the citizens. This includes right to equality, right to practice any occupation and right to reside in any state or part of the country. Also, the fundamental rights prohibit discrimination against place of birth, caste, sex, etc. But the states of the country can provide concessions for improving the vulnerable and economically backward sections. The act brings in mandatory provisions to the private institutions. This violates the right to do business in any part of the country. The act has created based on domicile. This is again a violation of the fundamental right, Article 16(2). Article 16 (2) prohibits discrimination against place of birth.

Need for the act

The in – migration of Haryana has been increasing lately. These migrants are mainly competing for low – paid jobs. According to 2011 census, the net – in – migration of Haryana between 2002 and 2011 was eight lakhs. Haryana had the fourth largest in – migration. The first three were Maharashtra, Gujarat and Delhi.

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