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Definition
Recruitment is a 'linking function' - joining together those with jobs to
fill and those seeking jobs. It is a 'joining process' in that it tries to
bring together job seekers and employer with a view to encourage
the former to apply for a job with the latter.
The different legislative policies governing child labor, night shift work, bonded labor,
contract labor, reservation, 'sons of the soil' have brought the legal environment to
be a major item to be looked into carefully by all companies intending to recruit
people for various positions. Let us examine the issues more elaborately:
The Factories Act, 1948: The Act prohibits the employment of women (night work,
underground work, carrying heavy loads, etc.) and child labor (below 14 years of
age) in certain jobs
.
The Apprentices Act, 1961: The Act provides for a machinery to lay down syllabi and
specify period of training, mutual obligations of apprentices and employees, etc.
The responsibility for engagement of apprentice lies solely with the employer. The
apprentice, after serving a contractual term of training, can be taken on regular rolls.
The Act, as amended in 1986, provides for revised rates of compensation during
the apprenticeship period and for failure on the part of the employer to execute the
terms of the contract.
Environment Affecting Recruitment
The Employment Exchanges Act, 1959: The Act requires all employers to
notify the vacancies arising in their establishments to prescribed
employment exchange before they are filled. The Act covers all
establishments in Public Sector and nonagricultural establishments
employing 25 or more workers in the private sector.
The Contract Labor Act, 1970: The Act is applicable to every establishment
(contractor) employing 20 or more persons. It tries to regulate the
employment conditions of contract labor in certain establishments and
also provides for the abolition of contract labor in certain circumstances.
Bonded Labor System (Abolition) Act, 1976: The Act provides for the abolition
of bonded labor (system of forced labor to liquidate debts payable to
parties who are bent on exploiting the vulnerability of the victim) or his
family members.
The Child Labor Act, 1986: The Act prohibits the employment of children
below 14 years of age in certain employments. This has become a serious
issue in India recently when German firms refused to accept carpets
exported from Uttar Pradesh, objecting to the employment of child labor in
the carpet industry.