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Labour Minister Atanasio Monserrate said Wednesday that reserving jobs for locals in the private sector was “unconstitutional” and cannot be enforced.
During a discussion on the demand for grants pertaining to his portfolios in the state legislative assembly, Monserrate cited a judgment of the Punjab and Haryana High Court stating that such reservations have been held “unconstitutional”.
Monserrate said: “The reservation of jobs in the private sector does not come under the purview of the employment exchange. Under the Constitution, no such reservation can be made mandatory in the private sector”.
AAP MLA Venzy Viegas on Wednesday moved a calling attention motion on the issue of unemployment, arguing that it had grown in the coastal state “despite the claims of development by the BJP”.
“If we are not able to provide jobs, then the government should at least give guidance on how to go abroad. We can bring the shipping companies to Goa to open up offices here. We can give them space,” Viegas said.
Congress’s Yuri Alemao, leader of the Opposition, said Goa had the second highest unemployment rate in the country. “The rise in unemployment is due to closure of MSMEs, faulty policies and demonetization. The government cannot provide everyone with jobs in the public sector, but it should create opportunities in the private sector,” he said.
The Opposition raised the issue of certain pharmaceutical companies, who recently had advertised and scheduled recruitment drives outside the state for their manufacturing set-ups in Goa. Following a protest by the Opposition, who accused the BJP government of “outsourcing jobs to outsiders” and for “failing to safeguard the rights of Goans”, the government had issued show-cause notices to the pharmaceutical companies for failing to notify the state about the advertisements.
Monserrate said that the Department of Labour and Employment is considering the possibility of a state amendment to The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, to bring a more stringent mechanism of ensuring compliance by various companies and firms.
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, is a central law that mandates employers in the public sector to notify vacancies to the nearest employment exchange.
“The government has decided to amend the Labour Act and to increase the penalty for companies in Goa who advertise for job vacancies in other states without the government’s approval,” he said.
According to him, the amendment would include provisions for fines to be raised up to Rs 10,000 and Rs 1 lakh from the existing Rs 500, and provisions for imprisonment for violations.
Monserrate said the government had introduced a subsidy scheme for industries that employ 60 percent of Goans in a bid to incentivise firms to employ the local youth.
“However, only four companies have availed this scheme,” he said, adding that unemployment estimates appear to be higher than the actual figures since many who have been employed have not deleted their names from the exchange.
Goa Forward Party chief Vijai Sardesai had moved a private members’ bill for reservation in the private sector in 2022. The bill was sent for vetting, but subsequently allowed to lapse.
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