Preference to Kannadigas for jobs in Karnataka

INTRODUCTION

On 7 December 2019, the Government of Karnataka (Government) issued a notification (Notification) amending the Karnataka Industrial Employment (Standing Orders) Rules 1961 (Rules). This Notification requires industries in Karnataka, both private and public, to give priority to Kannada-speaking individuals (Kannadigas) in local jobs. The Notification cites the lack of a common language being the cause of majority of accidents on the shop floor and the reason behind its recommendation of giving preference to locals. The Notification states that 72% of accident victims were non-Kannadigas owing to communication gap and therefore, to curtail the rate of accidents, preference should be given to Kannadigas for jobs in Karnataka.

KEY CHANGES INTRODUCED BY THE NOTIFICATION

The Notification, published in the Official Gazette on 26 December 2019, brought about the following amendments in the Rules:

IMPLICATION ON INDUSTRIES

COMMENTS

The Notification only requires the industrial establishments to give priority to Kannadigas at the time of recruitment, but it neither makes it mandatory nor does it specify any penal consequences if the establishments fail to do so. Further, the Rights of Persons with Disabilities Act 2016 provides that the appropriate government and the local authorities should provide incentives to employers in the private sector to ensure that at least 5% of their workforce is composed of persons with benchmark disability. However, the Government, while mandating such reservation has not offered any incentive to private establishments. It needs to be seen whether this Notification would find any teeth from implementation standpoint or would be another optical instance of projecting policy change for prioritising local employment.

-      Anshul Prakash (Partner) and Prachi Vijay (Associate)

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