Section 83: Notification of Vacancies to Government

Overview

Section 83 of the Code on Social Security, 2020, doesn’t directly deal with a specific social security benefit like Provident Fund, ESI, gratuity, or maternity benefit. Instead, it focuses on improving the transparency and efficiency of the labour market by requiring establishments to proactively inform government agencies about job vacancies. This facilitates better employment planning, workforce monitoring, and ensures wider access to employment opportunities for job seekers. It’s a crucial component of the Code’s broader aim to streamline labour laws and promote employment generation.

Who is Covered?

• This section applies to all establishments, as defined under the Code on Social Security, 2020. The definition of 'establishment' varies based on the number of employees and is detailed elsewhere in the Code.
• There are no specific eligibility conditions related to employee length of service or wage limits for the *notification* of vacancies. The obligation rests with the employer, regardless of the employee’s characteristics.

Benefits and Contributions

• The 'benefit' here isn’t a direct financial payout to employees. Instead, the benefit lies in improved job market transparency and equal opportunity for job seekers. It allows the government to maintain accurate employment data and proactively assist in matching job seekers with available positions.
• There are no direct financial contributions required under this section. The responsibility is to provide information, not funds.

Procedure and Compliance

Here’s a simplified breakdown of the compliance process:

1. Vacancy Arises: When an establishment has a vacancy, a new job opening, or a role to be filled, they are required to notify the government.
2. Notification Method: Notification can be made through designated online portals, employment exchanges, or other digital systems approved by the government. The specific methods will likely be detailed in rules framed under the Code.
3. Information Required: The notification will likely need to include details such as job title, job description, required skills, salary range, and location.
4. Timely Reporting: Establishments must notify vacancies within a timeframe prescribed by the government (this timeframe is yet to be specified in the rules).

Practical Examples

• Example 1: A manufacturing company in Mumbai has a vacancy for a skilled technician. They are legally obligated to notify the local employment exchange and upload the vacancy details to the designated government portal within the prescribed timeframe.
• Example 2: A software company consistently fails to notify the government about its open positions. This constitutes non-compliance with Section 83 and could result in penalties as outlined in the Code, potentially including fines or other enforcement actions.

Disclaimer

This article is for basic understanding of the Code on Social Security, 2020, and Section 83 specifically. It should not be treated as legal advice. For specific legal guidance, please consult with a qualified legal professional.