haryanas-move-to-reserve-75-private-jobs

Context: On the lines of Andhra Pradesh government, Haryana also has announced that it wants 75 per cent of private-sector jobs in the state, till a certain salary slab, reserved for local candidates. 

More on the news: 

  • The state Assembly has recently passed the Haryana State Employment of Local Candidates Bill, 2020 paving way for more employment opportunities for locals in the private sector.

Provisions of the bill

  • Sectors covered: 
    • All the companies, societies, trusts, limited liability partnership firms, partnership firms and any person employing 10 or more persons and an entity, as may be notified by the government from time to time shall come under the ambit of this Act.
    • It would not include the central government or state government or any organisation owned by the central or state government.
  • Local candidate
    • A candidate “who is domiciled in the State of Haryana” is called a local candidate and shall be able to avail the benefit of this reservation while seeking employment in the private sector. 
    • The candidate will also mandatorily have to register himself/herself on a designated portal while seeking benefit under this reservation. 
    • Employers too will have to make recruitments through this portal, only.
  • Other provisions:
    • Every employer shall be required to employ 75 per cent local candidates for the posts where the gross monthly salary or wages are not more than Rs. 50,000 or as notified by the government from time to time.
  • Exemptions:
    • The employer may claim exemption where an adequate number of local candidates of the desired skill, qualification or proficiency is not available. 
    • The employer will have to apply to a Designated Officer (an officer not below the rank of a Deputy Commissioner).

Conclusion

  • Opposition by industries:
    • Several top industrialists in Haryana have apprised the concerned authorities and government functionaries that the move of restricting employment for Haryana’s candidates may not be in the interest of the industry.
  • Violative of Article 16:
    • Article 16 of the Constitution of India, talks about the right of equal opportunity in the matters of public employment.
    • The similar decision of Andhra Pradesh introducing 75 per cent reservation for local candidates was challenged in the Andhra Pradesh High Court which observed that “it may be unconstitutional”.
    • The Andhra Pradesh High Court had earlier asked the state government to inform if the quota-law was enacted as per the Constitution.

Source: IE