Haryana State Employment of Local Candidates Rules, 2021

Dear Members,
Plz find attached herewith copy of the Haryana State Employment of Local Candidates Rules, 2021 which appeared in Haryana Govt. Gazette dated 10.01.2022. Plz see that these Rules shall come into force with effect from the date of coming into force the HSELC Act, 2020. As already notified by the Haryana Govt. this Act will come into force from 15.01.2022.
R N KHOLA

Dear Members,
Plz be informed that Haryana Govt. has notified the website of designated portal. Copy of notification is attached herewith for your ready reference. This portal has been designed & designated for the purposes of registration of local candidates & employees under section 3 & 4.
R N KHOLA

I think Hariyana is going to go down the drains, business-wise and industry-wise.
Most Faridabad offices will move back to Delhi, I suspect, or guru gram.

But unfortunately, this will trigger more such stupid laws being passed by competitive vote seeking politicians in other states.

Surprising that the courts upheld this law

Dear Members,

The Writ Petition filed by FIA in Hon’ble High Court of Punjab and Haryana seeking stay on implementation of the 75% reservation of all jobs upto Rs. 30,000/- per month salary for Haryana domicile residents in all Private businesses in the State employing 10 or more, was scheduled to come up for hearing today i.e. 12.01.2022. However, in view of the surge in COVID-19 cases, on 10.01.2022, the Chief Justice passed an order specifying a new procedure for taking up cases. As per this procedure, all cases already fixed for the next one week have been adjourned to predetermined dates en bloc. FIA's matter is scheduled to come up on 02.02.2022.

However, in case of urgency, parties are required to move an application for preponement of cases through online mentioning, which has been done by FIA's lawyer yesterday morning by filing a mentioning request as required, and the same was allowed. As the necessary next step, FIA has also filed an application for preponement (diary no. 6284833), which most likely will come up for hearing on 14/15.01.2022. FIA has also prayed for interim relief in this application and will be pushing for stay on operation of the Act at the time of hearing.

We will keep you informed about the development (s) in this matter. To our knowledge there are five such writ petitions filed by Industrial Associations in Punjab & Haryana High Court.

FAQ on Haryana State Employment of Local Candidates Act, 2020,

WHAT IS HARYANA STATE EMP OF LOCAL CANDIDATE ACT 2020
l The Haryana State Legislative Assembly has passed the Haryana State Employment of Local Candidates Act, 2020, to provide 75% employment to local candidates in new employment in various companies, societies, trusts, and limited liability partnership firms situated in the state of Haryana. This provision will be for local candidates for all jobs with a monthly gross salary or wages are not more than Rs 30,000/-.
DOES IT MEAN 75% OF TOTAL WORK FORCE OF AN EMPLOYER WILL BE FROM HARYANA ONLY
l No. Every employer shall be required to employ 75 per cent local candidates in new employment after the commencement of this Act, for the posts where the gross monthly salary or wages are not more than Rs. 30,000 or as notified by the government from time to time. The legislature is not intended to achieve a situation where 75% of the entire workforce will be from Local Candidates. The Act applies to new recruitment only i.e. not with retrospective effect.
TO WHOM THE ACT APPLIES
l The Act applies to all the ‘Employers’ of the State of Haryana, which are as under -
1. All companies, partnership firms, societies, trusts, limited liability partnership firms,
2. any person / employer employing 10 or more employees in any trade /business/ manufacturing / enterprises.
WHAT THE ACT PROVIDES FOR EMPLOYMENT OF LOCAL CANDIDATE
l All employers in the private sector in the State of Haryana are required to provide 75% employment of new jobs to the local candidates (candidates who have a domicile in the State) for the job, where salary / wages are not more than Rs. 30,000/-.
WHETHER THE REGISTRATION OF THE EXISTING EMPLOYEES IS COMPULSORY
l Yes, all the employers are required to register their existing employees on the designated portal within a period of three months commencing from 15.01.2022. An employer can initiate any new recruitment process after completing online registration of existing employees.
WHAT IS THE PROCEDURE FOR REGISTRATION OF EMPLOYEES, WHOSE REGISTRATION IS COMPULSORY.
l For this purpose, Designated Portal may be visited which is specially designed for this purpose and fill the form / provide the information available there.
IS IT COMPULSORY FOR THE LOCAL CANDIDATES SLSO TO REGISTER THEMSELF ON THE PORTAL
l Yes, if any local candidate wants to be considered for employment under this Act, such candidate has to register on the portal as Local Candidate.
WHOSE REGISTRATION IS COMPULSORY
l The existing employees who are receiving salary / wages not more than Rs. 30,000/- irrespective of their State of domicile, are required to be registered online within a period of three months w.e.f. 15.01.2022.
WHAT ARE THE GROUNDS FOR SEEKING EXEMPTION
l Employers may claim an exemption from providing 75% employment in new jobs to locals if an adequate number of local candidates of desired skill, qualification, or proficiency are not available for the said category of jobs.
HOW GOVT WILL CHECK, IF HE EMPLOYER IS ABIDING BY 75% EMPLOYMENT TO LOCAL MANDATE ACT.
l Every employer will have to furnish a quarterly report on the designated portal and mention details about local candidates employed and appointed during that period. The reports furnished by the employer will be scrutinised by the authorised officers not below the rank of Sub-Divisional Officers. These officers shall have the powers to call for any record, information or document in possession of any employer for the purposes of verifying the report furnished by them. The officer will also have the right to enter the employer’s work premises to examine any record, register, document if the officer has a reason to believe that the employer has committed an offence under this Act or the rules made thereunder.

Most Urgent.....
It is intimated to you that the designated portal i.e local.hrylabour.gov.in under Haryana State Employment of Local Candidates Act 2020 is going to live from midnight 12'00 i.e 15/1/2022 . So all are requested to intimate all the employers and also motivate them to start registration of all employees receiving gross monthly salary less than 30,000 on the designated portal. The link, Act and Rules are also available on the portal. This Act is applicable on all employers who have 10 or more employees in his Shop, Factory, Establishment, Trust and Societies etc... your personal intervention is required utmost in this drive. In case of any query contact to the IT team of Labour Department., or via localharyana2022@ gmail.com e-mail Hoping for positive response and immediate intervention please...
Regards
Paramjit Singh Dhull
Dy. Labour Commissioner , Haryana

FAQ on Haryana State Employment of Local Candidates Act, 2020,

WHAT IS HARYANA STATE EMP OF LOCAL CANDIDATE ACT 2020
@The Haryana State Legislative Assembly has passed the Haryana State Employment of Local Candidates Act, 2020, to provide 75% employment to local candidates in new employment in various companies, societies, trusts, and limited liability partnership firms situated in the state of Haryana. This provision will be for local candidates for all jobs with a monthly gross salary or wages are not more than Rs 30,000/-.
DOES IT MEAN 75% OF TOTAL WORK FORCE OF AN EMPLOYER WILL BE FROM HARYANA ONLY
@No. Every employer shall be required to employ 75 per cent local candidates in new employment after the commencement of this Act, for the posts where the gross monthly salary or wages are not more than Rs. 30,000 or as notified by the government from time to time. The legislature is not intended to achieve a situation where 75% of the entire workforce will be from Local Candidates. The Act applies to new recruitment only i.e. not with retrospective effect.
TO WHOM THE ACT APPLIES
@The Act applies to all the ‘Employers’ of the State of Haryana, which are as under -
1. All companies, partnership firms, societies, trusts, limited liability partnership firms,
2. any person / employer employing 10 or more employees in any trade /business/ manufacturing / enterprises.
WHAT THE ACT PROVIDES FOR EMPLOYMENT OF LOCAL CANDIDATE
@All employers in the private sector in the State of Haryana are required to provide 75% employment of new jobs to the local candidates (candidates who have a domicile in the State) for the job, where salary / wages are not more than Rs. 30,000/-.
WHETHER THE REGISTRATION OF THE EXISTING EMPLOYEES IS COMPULSORY
@Yes, all the employers are required to register their existing employees on the designated portal within a period of three months commencing from 15.01.2022. An employer can initiate any new recruitment process after completing online registration of existing employees.
WHAT IS THE PROCEDURE FOR REGISTRATION OF EMPLOYEES, WHOSE REGISTRATION IS COMPULSORY.
@For this purpose, Designated Portal may be visited which is specially designed for this purpose and fill the form / provide the information available there.
IS IT COMPULSORY FOR THE LOCAL CANDIDATES SLSO TO REGISTER THEMSELF ON THE PORTAL
@Yes, if any local candidate wants to be considered for employment under this Act, such candidate has to register on the portal as Local Candidate.
WHOSE REGISTRATION IS COMPULSORY
@The existing employees who are receiving salary / wages not more than Rs. 30,000/- irrespective of their State of domicile, are required to be registered online within a period of three months w.e.f. 15.01.2022.
WHAT ARE THE GROUNDS FOR SEEKING EXEMPTION
@Employers may claim an exemption from providing 75% employment in new jobs to locals if an adequate number of local candidates of desired skill, qualification, or proficiency are not available for the said category of jobs.
HOW GOVT WILL CHECK, IF HE EMPLOYER IS ABIDING BY 75% EMPLOYMENT TO LOCAL MANDATE ACT.
Every employer will have to furnish a quarterly report on the designated portal and mention details about local candidates employed and appointed during that period. The reports furnished by the employer will be scrutinised by the authorised officers not below the rank of Sub-Divisional Officers. These officers shall have the powers to call for any record, information or document in possession of any employer for the purposes of verifying the report furnished by them. The officer will also have the right to enter the employer’s work premises to examine any record, register, document if the officer has a reason to believe that the employer has committed an offence under this Act or the rules made thereunder.

Thanks Amit

Will appreciate if you keep us informed on the court action on the matter

Dear Respected Seniors,

Can anyone answer on these:

Are the consultant or people hired on the freelancing model also will be covered under this?

How to process works for remaining 75% - are we allowed to hire with 25% at our own or are we required to take permission from the Labour office for that?

Are the organizations allowed to hire from Naukri provided the candidates are registered on Haryana Job Portal?

Please see the definition of employment and you will know if the consultants and freelancers are covered or not.
Most probably they are not, but it is not the designation but the work they are doing that will matter

You can hire from a portal, but the candidate must be domiciled in Hariyana (meaning staying there for 15 years)

Remaining 25% you can hire anyone you want.