Rule 56: Reporting of vacancies and result of selection, etc.

Finin2min analysis — operative rule mechanics

Full notified text — Rule 56

56. Reporting of vacancies and result of selection etc.–(1) (a) on the commencement of the Code,
the employer in every establishment in public sector in any State or area shall, before filling up any
vacancy in any employment in that establishment, report that vacancy or cause to be reported to such
career centre as may be specified by notification, made by the appropriate Government;

(b) the employer in every establishment in private sector or every establishment pertaining to any
class or category of establishments in private sector shall, before filling up any vacancy in any
employment in that establishment, report that vacancy or cause to be reported to such career centre
(Regional) from such date as may be specified in the notification made by the appropriate
Government;

(c) appropriate Government shall provide a digital mechanism for receipt of vacancies reported by the
employers and career centre to which the vacancies are to be reported, which shall generate a unique
vacancy reporting number for the vacancy reported and convey it to the employer digitally or through
any other such media immediately but not later than seven working days from the date of receipt of
reporting of vacancies in north-eastern States and three working days in other States:

        Provided that time limit of three working days may be further extended up to seven working
days by the appropriate Government, through notification, keeping in view the geographical
conditions or other local needs;

(d) Career Centre (Regional) shall share all information collected by it in writing, through email or
digitally or through any other such media, as may be notified by central government from time to
time, to the Career Centre (Central) in the Form-XXV, Form-XXVI and Form-XXVI (A).
(e) The State Government shall furnish to the Career Centre (Central) the details of any newly
established Career Centre (regional) or of the closure of any existing Career Centre (regional) within
15 days from the date of such establishment or closure, along with the jurisdictional details of such
Career Centre (Regional), so established or closed, as the case may be.

Explanation.–For the purposes of this rule, –

      (A) ―establishment in public sector‖ means an establishment owned, controlled or managed by-

         (i)     the Government or a Department of the Government;

         (ii)    a Government company as defined in clause (45) of section 2 of the Companies Act,
                 2013 (18 of 2013);

         (iii)   a corporation (including a co-operative society ) or an autonomous organisation or an
                 authority or a body established by or under a Central or State enactment, which is
                 owned, controlled or managed by the Government; and

         (iv)    a local authority.

   (B) ―establishment in private sector‖ means an establishment which is not an establishment in
   public sector and with 20 or more employees or such number of employees as may be notified by
   the Central Government are employed therein.

   (C) Any State Government, having no career centre or digital portal of its own, may specify, by
   notification, reporting of vacancies by establishments in an area thereof to the digital portal or to
   the Career Centre of the Central Government.

(2) (a) The following vacancies, namely:–

      (i) all vacancies in posts of Technical and Scientific nature carrying a minimum pay or pay level
      or both as notified by the Central Government, occurring in establishments in respect of
      which the Central Government is the appropriate Government under the Code; and

      (ii) vacancies which an employer may desire to be circulated to the career centres outside the
      State or Union territory in which the establishment is situated;

shall be reported to such career centre (Central) as may be specified by the Central Government, by
notification:

(b) vacancies in establishments having branches in more than one State or Union Territory, where the
employer seeks to fill such vacancies across multiple locations, may, at the option of the employer, be
reported either centrally to the Career Centre (Central) or separately to the respective Career Centres
(Regional), as may be specified by the appropriate Government.

(c) vacancies other than those specified in clause (a), shall be reported to the career centre (Regional)
concerned.

(3)(a) The vacancies shall be reported in writing or through official email or digitally, as may be
notified by Central Government from time to time, to the career centre specified by the appropriate
Government.

(b)The vacancies shall be reported in the Form-XXV, furnishing as many details as practicable,
separately in respect of each type of vacancy.

(c) Any change in the particulars already furnished to the career centre under clause (a) of sub-rule
(3), shall be reported in writing or through official email or digitally, as the case may be, as may be
notified by Central Government from time to time, to the specified career centre.

(4)(a) Vacancies, required to be reported to the career centre (Regional), shall be reported at least
fifteen days before the last date of receipt of the applications.

(b) Vacancies required to be reported to the career centre (Central) shall be reported at least forty days
before the last date of receipt of the applications.

(c) The employer shall furnish the information relating to the result of selection to the concerned
career centre against the vacancies reported within thirty days from the date of selection.

(5) (a) On commencement of the Code, the employers of every establishment in the public sector in
any State or area shall maintain records manually or electronically or digitally about –

       (i) total number of employees (regular, contractual or fixed term employment) on 31 st March of
            every year;
       (ii) persons recruited during the year ending on 31st March;
       (iii) occupational details of its employees on 31st March of every year;
       (iv) vacancies for which suitable candidates were not available during the year ending on
            31st March; and
       (v) approximate number of vacancies likely to occur during the next financial year.

(b) Appropriate Government may, through notification, direct that from such date as may be specified
in the notification, the employer of every establishment in private sector or every establishment
pertaining to any class or category of establishment in private sector shall maintain records manually
or electronically or digitally about –

   i.     total number of employees (regular, contractual or fixed term employment) as on 31st March
          of every year;
  ii.     persons recruited during the year ending on 31st March;
 iii.     occupational details of its employees as on 31st March of every year;
 iv.      vacancies for which suitable candidates were not available during the year ending on
          31st March; and
  v.      approximate number of vacancies likely to occur during the next financial year.

(6) An employer shall furnish to the concerned Career Centre (Regional) yearly returns in Form-
XXVI (Employment Information Return) and yearly returns shall be furnished manually or,
electronically, or digitally, as the case may be, as specified by the respective State Government by
notification, within thirty days of the due date, namely, 31st March of the year.

(7) (a) the Director of Employment or officer of equivalent or higher rank, controlling the work of
career centres (Regional) of the respective State Government, will declare in writing an officer, who is
looking after the work of career centres (Regional) as Executive Officer for each district for the
purpose of enforcement or implementation of Chapter XIII (Employment Information and

Monitoring) of the Code and such officer shall exercise the rights and perform duties referred to in
section 139, or authorise any person in writing to exercise those rights and perform duties;

(b) the Director of Employment or an officer of equivalent or higher rank, controlling the work of
Directorate General of Employment, Ministry of Labour and Employment, New Delhi, will declare in
writing an officer, who is looking after the work of career centres (Central) as Executive Officer
for the purpose of enforcement or implementation of Chapter XIII (Employment Information and
Monitoring) of the Code. Such officer shall exercise the rights and perform duties referred to in
section 139.

(8)For implementation of provisions of Code relating to Chapter XIII and rules thereof, the Central
Government may issue detailed guidelines explanatory in nature which shall be supplemented further
by the respective State Government as per local needs.

                                           CHAPTER XIII

                                EMPLOYEE’S COMPENSATION

Application and evidence

1. Primary statutory test — (1) (a) on the commencement of the Code, the employer in every establishment in public sector in any State or area shall, before filling up any vacancy in any employment in that establishment, report that vacancy or cause to be reported to such career centre as may be specified by notification, made by the appropriate Government;
2. Additional operative limb — (b) the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, report that vacancy or cause to be reported to such career centre (Regional) from such date as may be specified in the notification made by the appropriate Government;
3. Qualification / exception to test — Provided that time limit of three working days may be further extended up to seven working days by the appropriate Government, through notification, keeping in view the geographical conditions or other local needs; (d) Career Centre (Regional) shall share all information collected by it in writing, through email or digitally or through any other such…
4. Numerical or timing control — (c) appropriate Government shall provide a digital mechanism for receipt of vacancies reported by the employers and career centre to which the vacancies are to be reported, which shall generate a unique vacancy reporting number for the vacancy reported and convey it to the employer digitally or through any other such media immediately but not later than…
5. Code Section mapping — 139, 140. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Prescribed-form link recorded in the corpus — XXV, XXVI, XXVI-A. Confirm the current notified form/version before filing.

Cross-references & prescribed forms

Worked example

Q&A — Rule 56

Primary sources