ARTICLE
17 March 2021

Possible Impact Of Haryana's 75% Reservation Of Local Candidates For Private Jobs

SR
S.S. Rana & Co. Advocates

Contributor

S.S. Rana & Co. is a Full-Service Law Firm with an emphasis on IPR, having its corporate office in New Delhi and branch offices in Mumbai, Bangalore, Chennai, Chandigarh, and Kolkata. The Firm is dedicated to its vision of proactively assisting its Fortune 500 clients worldwide as well as grassroot innovators, with highest quality legal services.
The State of Haryana has proposed to implement the Haryana State Employment of Local Candidates Act, 2020 and provide 75% employment to local domiciled candidates by employers in the State of Haryana.
India Employment and HR

The State of Haryana has proposed to implement the Haryana State Employment of Local Candidates Act, 2020 and provide 75% employment to local domiciled candidates by employers in the State of Haryana 1.

Hence, the Government of Haryana seeks to reserve 75% of new jobs for local candidates in various companies, societies, trusts, and limited liability partnership firms situated in the State of Haryana. This reservation will be for local candidates for all jobs with a compensation below INR 50,000 per month.

As the Law may be closer to implementation, the law imposes various challenges to existing establishment based in the State of Haryana.

Possible Challenges for the Industry

  • Unclear on type of employment reserved- The law is silent & no explanation has been provided on the type of employment it wants to reserve for local candidate.
  • Operational issues in Company's talent acquisition -there will be lot of operational issues in recruiting the candidate where the Companies focus on hiring on tech skills.
  • Long Procedure for claiming exemption- Where adequate number of the local candidates of the desired skill, qualifications or proficiency are not available, Companies will have to go through long procedure of making application and subsequent inquiry by the designated officer.
  • Added Expense: Training the local candidate to achieve the desired skill the company increases the additional expense for training local candidates
  • Additional compliance and fear of contravention - The law places much stress on quarterly reporting of recruiting 75% of local domiciled candidates and in case of contravention of any provision hefty penalties will be imposed.
  • Relocation - Companies that are looking for expansion of their business may approach towards neighboring states for establishing offices to avoid this law. Indirectly impacting the real estate sector also.

Sources:

Sources:
  1. https://www.hindustantimes.com/chandigarh/plea-challenging-75-quota-for-locals-in-private-industries-in-haryana-withdrawn/story-19WVHScx3asUBmdZiWuXQO.html
  2. https://trak.in/tags/business/2021/03/11/it-bpo-firms-all-set-to-leave-gurgaon-due-to-reservation-rule-noida-next-destination/
  3. https://www.moneycontrol.com/news/podcast/exclusive-haryana-cm-manohar-lal-khattar-says-75-private-sector-reservation-only-for-non-technical-jobs-6628041.html

Footnotes

1 https://ssrana.in/articles/haryana-employers-to-give-75-employment-to-local-domiciled-candidates/

For further information please contact at S.S Rana & Co. email: info@ssrana.in or call at (+91- 11 4012 3000). Our website can be accessed at www.ssrana.in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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