Jha Local Act 2021 and App. Act 1961.pptx

Jh local act

1. . Jharkhand State Employment of Local Candidates in Private Sector Act, 2021 and Rules 2022 and Apprenticeship Act 1961

2. Definition/Jurisdiction/Applicability . Employer 1. Establishment Working in Private Sector in Jharkhand 2. Having Employee Strength ≥ 10 3. Outsourcing Agencies Providing Services to Central Govt , State Govt , PSUs Employee Getting Salary up to 40,000 Local Candidates 1. Resident of Jharkhand 2. Registered in Rojgar Portal (www.rojgar.jharkhand.gov.in)

3. Compulsory Registration Entity Deadline Employer under Jurisdiction Within 30 days of Notification of Rules i.e. 12 th Sept. 2022 Existing Employee Registration/Entry Within 3 Months of Notification of Rules i.e. 12 th Sept. 2022 Registration of Local Candidates Mode of Registration Employer, Existing Employee Local Candidates Offline Mode Through Authorized Officer (Employment Exchange) by Submitting Annexure-I Online Mode Through Jharniyojan Portal (https:/jharniyojan.jharkhand.gov.in) Through Rojgar Portal (www.rojgar.jharkhand.gov.in)

4. Recruitment of Local Candidates . Existing Employer New Employer 1. Shall Submit work Plan to fulfil 75% local Employee Strength in Annexure- II. 2. Reservation of 75% Seats for Local Candidates in case of N ew Recruitment. 3. Vacancy Posting in Jharniyojan Portal or to Employment Exchange . 1. Shall Inform the Authorized Officer (Dist. Employment Officer/ Employment Officer) before 30 days of the beginning of the project. 2. Inform the Required Skill sets for the Manpower. 3. Vacancy Posting in Jharniyojan Portal or to Employment Exchange Skill Training of Local Candidates Through Employer itself under CSR Through JSDMS The Employer Shall Prepare the Training Calendar in the Manner so that sufficient skilled local manpower is made available to the Employer at the time of recruitment Preference in Recruitment Displaced District State

5. Compliances and Returns Quarterly Return in Annexure- IV Power of Verification of Return Submitted to Authorized Officer ( Dist. Employment Officer/ Employment Officer ). The Employer Shall be bound to produce the Documents Required to Verify the Returns or Reports Submitted.

6. Penalties Offences Penalty To Employer Under Jurisdiction for not Registering 10,000 – 50,000 For not Registering Existing Employees 25,000 – 1,00,000 Not Providing 75% Reservation to Local candidates in New Recruitments 50,000 – 2,00,000 For not Making Required attempts/efforts to Recruit local Candidates (Making false claim for Exemption 50,000 – 2,00,000 Producing false documents or non-furnishing of Records etc. 2,00,000 – 5,00,000 Notice and Opportunity to be heard No order Shall be passed unless an opportunity of being heard is provided to the employer. No Penalty shall be imposed unless the person concerned is given a notice in writing by the Designated Officer (District Commissioner)

7. Exemptions Application in Annexure-III to the District level committee headed by DC. To Claim Exemption the Employer has to certify that he or she has applied all the means to find out suitable local candidate of desired skill, Knowledge and Proficiency. Prerequisites for Claiming Exemptions The Employer has to call the local candidates at least three times of the number of vacant seats for which recruitment was required. The entire process of recruitment should have completed at least. Orders or Recommendations against Exemption Claimed The DC may, in case of less than or equal to 4 vacancies, directly recommend the Authorized officer to issue No Objection Certificate. The DC in case of more than 4 and up to 15 vacancies shall refer the matter to the Enquiry Committee and the Enquiry Committee will review the claim and if found correct, the Authorized Officer shall issue No Objection Certificate. The DC in case of more than 15 vacancies may recommend the employer to provide requisite skill training either to the candidates selected by the employer or on request of employer to the candidates selected by the Authorized Officer. All the Order/Notice should be uploaded on the Portal by the Authorized officer within 3 Working days of passing of such Order/Notices.

8. Appeal Within 60 days of Passing orders at District Level to the Director. Fee- Rs.1,000 (Through DD from any Scheduled Bank or Online B ank Challan ) Disposal of Appeal Application- Within 60 Days The Appellate Officer may rescind, confirm or modify such order.

9. Executing Body State Monitoring Committee Function Principal Secretary/Secretary, Department of Labour , Employment Training and Skill Development – Chairman Shall deal with all the issues related to the Act including overall implementation, monitoring and evaluation at the State level. Shall Furnish quarterly report to the Government of Jharkhand The Member Secretary will convene the Quarterly meetings of the Monitoring Committee. Director, Employment Training – Member Secretary Labour Commissioner- Member Director, Industries - Member Chief Inspector of Factories - Member Chief Inspector of Boiler – Member District Level Enquiry Committee Function Designated Officer (DC) – Chairman To Enquire the claim made by the Employer for the Exemptions under the Act. Local MLA or His /Her Representative – Member DDC – Member CO – Member Labour Superintendent – Member Authorized Officer ( Dist. Employment Officer/ Employment Officer) – Member Secretary

10. Benefits for the Employer . Benefits for the Employer Supply of Manpower Locally Comparatively low cost Manpower Helps in grabbing Govt’s Subsidy or incentives Help in fulfilling CSR obligations Helps in developing faith in local people

11. Implementation of Jharkhand State Employment of Local Candidates in Private Sector Act, 2021 Rules, 2022 (Reports as on 08-05-2023) District Total Registered Employers Employers in Shops & Establishment Act Employers in Factory Act Total of Shops and Est. and Factory Act Total Employee on Payrolls Total Employee in the (Portal As on 08-05-2023) 6 th Jan 1 st Feb 21 st Feb 16 th Mar 17 th Apr 8 th May Pashchimi Singhbhum 3 52 71 82 104 111 201 25 226 3206 349 Purbi Singhbhum 10 312 354 522 693 780 3219 113 3332 62017 1293 Saraikela-Kharsawan 2 43 101 182 227 409 2360 237 2597 20406 661

12. Implementation of the Act & Rules ( Jharniyojan Portal) Employer Dashboard 1. After Sign up & Login the Employer Dashboard will be opened. 2. Registration Profile Update Annexure-I (Registration Form) Employee Details Vacancy Posting Annexure-II (Work Plan for 75% Compliance) Annexure-III (Application for Exemption) Annexure-IV (Quarterly Return) Annexure-V (Application for Appeal)

13. Provisions and legalities The Apprentices Act 1961 Establishment eligibility and norms Employee strength Apprenticeship eligibility 0-3 Not eligible 4-29 Voluntary >=30 Mandatory to engage apprentices @ 2.5% - 15% Candidate’s eligibility and norms 18+ years for hazardous industries 14+ years for all other areas Standard V pass-out and above Duration of apprenticeship training between 6 – 36 months Each Apprentice undergoing training shall be considered as a trainee and not as a worker Provision of any labor law shall not apply to or in relation to such apprentices Employers are not bound to pay PF/ ESI to apprentices Companies are advised to take group insurance

14. Provisions and legalities The Apprentices Act 1961 Contract between establishment and apprentice is mandatory and to be verified by concerned Apprenticeship Advisor Contract Concerned apprenticeship advisor regulates contract, claims, any special request like night shift, overtime etc. Regulations Mandatory stipend to be paid to apprentices (INR 5,000 – INR 9,000) per month as per the Minimum Prescribed Stipend Stipend Basic Training (classroom training) On-the-job training (on the shop floor/ live work) Training INR 500 per shortfall of apprenticeship per month for first 3 months add thereafter, INR 1,000 per month till such seats are filled up Penalty clause

15. Apprentices Training landscape Apprenticeship Training in India is governed under the Apprentices Act, 1961(amended up to 2014) and Apprenticeship Rules, 1992(amended up to 2019) Administering of Apprenticeship training was done by Ministry of Labour & Employment till 2014 Moved to Ministry of Skill Development & Entrepreneurship(MSDE) in 2015 Central PSUs Central Govt. Departments Private establishments operating in more than 4 states State PSUs State Govt. Departments Private establishments operating in less than 4 states

16. National Apprenticeship Promotion Scheme (NAPS) – Extending financial assistance to establishments National Apprenticeship Promotion Scheme (NAPS) launched in August 2016; financial benefits extended by Government of India Sharing of cost of basic training with Basic Training Providers (BTP); up to INR 7,500 for 500 hours Sharing of 25% of the prescribed stipend, subject to a maximum of INR 1,500 per month per apprentice.

17. Benefits for employers Benefits of engaging Apprentices Enhancing employability for youth Nation building through skilling Enhancing employability for youth Nation building through skilling Social Impact Compliance Opportunity to build a stable organization in the long run with high employee loyalty and lower attrition at a lesser cost Develop disciplined and regulated skilled manpower Steady stream of skilled workforce at entry level Making better selection for regular employment No obligation to hire apprentices on permanent roll Apprentice route less costly in longer term than regular hiring Organization stability Workforce pipeline Ease of doing business through apprenticeship portal with end-to-end automated process Ease of doing business Incentives National Apprenticeship Promotion Scheme (NAPS) CSR benefits above 2.5% apprentices

18. Benefits for apprentices Industry Oriented Training Globally Recognized Certification Earn While Learn Trained through latest technology & recognition process. Potential progression from Apprentice to Employee

19. Mandatory minimum stipend S. No. Category Prescribed Minimum Stipend 1 School pass-outs (Class 5th – Class 9th ) ₹5,000/- per month 2 School pass-outs (Class 10th) ₹6,000/- per month 3 School pass-outs (Class 12th) ₹7,000/- per month 4 National or State Certificate holder ₹7,000/- per month 5 Technician (vocational) apprentice or Vocational Certificate holder or Sandwich Course (Students from Diploma Institutions) ₹7,000/- per month 6 Technician apprentices or diploma holder in any stream or sandwich course (students from degree institutions) ₹8,000/- per month 7 Graduate Apprentices / Degree Apprentices / Degree in any stream ₹9,000/- per month Apprenticeship Rules Stipend payment for 1 st year is fixed as per educational qualification defined in curriculum Skill Certificate holder to get stipend as per his/her educational qualification 10% hike in rates for 2nd year and 15% hike for 3rd year

20. Apprenticeship Advisors Roles and responsibilities The function of Apprenticeship Advisor (AA) is mandated by the Apprentices Act, Sections 26 to 28. POWERS OF AA Enter, inspect and examine any establishment or part thereof for a reasonable time Examine any apprentice employed therein, and require any registrar, record, document maintained in pursuance of the Act, to be produced, record statement of any persons therein, as required for the purposes of the Act (S.29(2) Make an examination or inquiry to ascertain if provisions of the Act and Rules framed thereunder are followed. (S.29(2) Have reasonable facilities for access to apprentices who are undergoing practical training to test their work and ensure practical training is being imparted in accordance with the approved program (S.9(2)) Specify the period for which an employer may release an apprentice to receive related instruction in specific institution.

21. Apprenticeship Advisors Roles and responsibilities Communicate any objection to the Apprenticeship Contract to the employer within 15 days of its receipt (S.4(4A)) Register the contract of apprenticeship within 30 days of its receipt (S.4(4B)) Approval any novation the contract of apprenticeship with employer (S.5) Approve termination of contract of Apprenticeship, and decision on consequences resulting from the same (S. 7) Granting approval for overtime work (s.15) Settle disputes arising between employer and apprentice out of the Apprenticeship Contract (s. 20) Ensuring remuneration paid to apprentice is reasonable (s. 22) Approving of Stipend reimbursement to the establishment and the BTP claims . Other Duties As Sector Expert: Verifying Training Centre as per the course curriculum Designing of Course Curriculum as per the Industry needs Conducting of Theoretical Assessment of Apprentices and certifying

22. Jharkhand Status(As On Date )

23. EAST SINGHBHUM STATUS

24. EAST SINGHBHUM STATUS

25. WEST SINGHBHUM

26. WEST SINGHBHUM

27. SARIKELA- KHARSAWAN STATUS

28. SARIKELA- KHARSAWAN

29. Thank You