The Labour Department, Government of Karnataka (“Department”), through a notification dated 7th December, 2019, has issued the Karnataka Industrial Employment (Standing Orders) (Amendment) Rules, 2019 (“Amendment Rules”), amending the Schedule I to the Karnataka Industrial Employment (Standing Orders) Rules, 1961, to facilitate priority/preferential appointments of Kannadigas, who are Indian citizens and are residing in Karnataka for not less than 15 years and are able to read, write and speak Kannada language, in industrial establishments subject to suitability, qualification, experience and other requirements.
Implications for the Industrial Establishments:
- i. Industrial Establishments, operating or carrying on business in Karnataka, who have obtained the following benefits from the State Government:
- a)benefit of concession on allotment or sale of land;
- b)concessional or differential pricing for water, electricity, infrastructure;
- c)tax or financial concession;
- d)tax rebate or deferment of tar; or
- e)exemptions from the operation of any Labour Law or any other similar or other benefit under any Industrial or other policy of the State.
have to give priority appointments to Kannadigas, who are Indian citizens and are residing in Karnataka for not less than 15 years and are able to read, write and speak Kannada language, subject to suitability, qualification, experience and other requirements
- Industrial Establishments operating or carrying on business in Karnataka, that have not received or obtained any such benefits, must give preference in appointment to such Kannadigas who are Indian citizens and have resided in Karnataka for not less than 15 years and are able to read, write and speak Kannada language, subject to suitability, qualification, experience and other requirements.
- The Amendment Rules also informs that in order to get incentive from the State Government, every industrial establishment, has to provide at least 5% of employment to persons with bench mark disabilities* [defined in clause (r) of section 2 of the Rights of Persons with Disabilities Act, 2016].
The State Government had received demands from the local population for employing the local people in the establishments. Moreover, as per the records of the Chief Inspectors of Factories and Boilers, in the last 10 years the majority of the accidents involved non – Kannadiga’s (72%). Since, communication is a very critical factor in safety and most of the accidents, involving non-Kannadigas, happened due to language barrier and communication gap, it was suggested to give more preference to Kannadigas in the local jobs with an aim of reducing the rate of accidents.
Hence, the Department issued the Amendment Rules.
*(r) “person with benchmark disability” means a person with not less than forty per cent. of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority;