Analysis of The Haryana State Employment of Local Candidates Act, 2020 ARTICLE ON THE HARYANA STATE EMPLOYMENT OF LOCAL CANDIDATES ACT,2020 AND ITS VALIDITY UNDER THE PROVISIONS OF THE CONSTITUTION OF INDIA Completely analyzed By S K Gupta , Advocate , Supreme Court www.makeinindialawfirm.com Applicability : The Haryana State Employment of Local Candidates Act, 2020 (in short the ‘Act, 2020’) which shall be applicable to all private companies, societies, trusts, and partnership firms (hereinafter referred ‘establishment”) in the State of Haryana which employ more than 10 people in their establishments, will have to reserve 75% of their future jobs employment for those local employees who are being offered a salary of 30,000 or less with effect from January 15, 2022. Exemption Clause: Under Section 5 of the Act, 2020 is having exemption clause by which employers are allowed to claim exemption from reserving jobs if “local candidates of the desired skill, qualification or proficiency
Question: Whether Salary re-structuring can be done without consulting the present Union and also when the conciliation is in progress? Answer: No, the salary re-structuring amounts to change of service conditions as per the provisions of the Industrial Dispute Act. Since the above would amount to change in the service conditions and the altering/ re-structuring of salaries & benefits is one of the items included in the fourth schedule of the Industrial Disputes Act. The above requires compliance with section 9A of the Industrial Disputes Act. The said section mandates that before effecting any change in service condition, 21 days' notice shall be given with regard to the intended change. The notice thereof will have to be sent to the conciliation officer. The conciliation officer may intervene and initiate conciliation proceedings. The proposed change cannot be made during the pendency of the conciliation proceedings. Any change can be made in such circumstances only after t