Haryana Government passes bill to provide 75% reservation in private sector jobs to local candidates

Haryana government on November 5, 2020 passed a bill to provide 75 percent reservation to local candidates applying for private-sector jobs in the state that pay less than Rs 50,000 per month.

The Haryana State Employment of Local Candidates Bill, 2020 was one of the primary promises that was made by the ruling alliance partner Jannayak Janta Party during the Assembly elections of 2019. The bill was tabled by Deputy Chief Minister Dushyant Chautala. 

Once this becomes a law, the bill will apply to all companies, societies, trusts, limited liability partnership firms and partnership firms located across the state.

Exemption Clause

The Haryana State Employment of Local Candidates Bill, 2020 contains a clause that allows companies to hire an outsider only if they are unable to find a suitable local candidate for a job profile. They would have to inform the government about their decision in such a scenario.

The bill, however, contravenes Article 14 and 19 of the Indian Constitution, which provide equality before the law and the right to practice any profession anywhere in India. Hence, it needs the assent of President Ram Nath Kovind before it becomes law.

Key Provisions of the Bill

•The Haryana State Employment of Local Candidates Bill, 2020 appoints a designated officer to act as the government's representative, who will rule on companies invoking the exemption clause citing a lack of suitable candidates.

•The designated officer will have the right to overrule the exemption claim by directing the concerned companies to train local candidates to achieve the desired set of skills, qualifications and proficiency. 

•Under the bill's provision, every employer will employ 75 percent local candidates in posts where the gross monthly salary is not more than Rs 50,000. 

•The local candidates can be from any district of the state. The employer will have the option of restricting the employment of local candidates from any district to 10 percent of the total number of local candidates

•A portal will be created for the same for which local candidates and the employer will have to register.

•No local candidate will be eligible to avail the benefit unless he or she registers himself/ herself on the designated portal.

Objections to the Bill

The bill's passing has been opposed by the opposition. While one JJP MLA himself called the bill 100 percent wrong, the leader of the opposition in the assembly Bhupinder Singh Hooda objected to the clause that the industry shall have the discretion to employ at least 10% of its employees per district.