Reservation in Private Sector : Till now the facility of reservation implemented in government jobs and departments has now reached the private sector also. It is going to start from Karnataka, where the government has announced to implement the Employment and Education Bill, 2025. The Karnataka government has announced that the disabled will have to be given 5 percent reservation in the private sector also. This reservation will be applicable to such companies where 20 or more employees are working. Not only this, the government has also announced to all educational institutions to reserve 10 percent seats in every course for the disabled.
The Karnataka government has said that companies with 20 or more employees will have to keep 5 percent quota for the disabled. This reservation will be valid for direct recruitment and regular posts also. According to the formula decided by the state regulatory authority, the employer will have to distribute this reservation among all the categories of disabled people. The quota will have to be implemented in a phased manner. Whatever posts are left after the implementation of reservation, they will be filled by dividing them into three appointment cycles.
Which type of post will not be applicable
The Karnataka government has said that this reservation will not be applicable only on those posts on which a disabled person may face difficulty in working. The Karnataka government, while publishing the official gazette on November 21, has made it clear that the purpose of this new act is to make the physically disabled persons more empowered under the Disability Act which came in the year 2016. Besides, the rules made by the United Nations for providing rights to the disabled also have to be implemented effectively.
Fine will be up to Rs 5 lakh
The Karnataka government has clearly said that if any company violates this rule, a fine ranging from Rs 10,000 to Rs 5 lakh can be imposed on it. Not only this, the companies which cannot implement it will also have to give public information about it. This simply means that all the companies coming under the purview of the rule will have to implement this rule and if anyone is reluctant then he will have to face fine.
Those making fake claims also fined
The government has included not only the companies but also the applicants in its rules. If an applicant claims fake disability for a job, a fine of up to Rs 1 lakh will be imposed on him. Not only this, there can also be a jail term of up to 2 years. The companies which follow this rule of the government will not only get priority in government procurement but will also be given incentives. Obviously, on one hand, companies are being given incentives, while on the other hand, strict action will be taken against those who try to take advantage of it through fraudulent means.
This bill is quite strong
The Karnataka government has also made strict provisions in this bill to prevent discrimination in promotion, training and service conditions. If an employer refuses to provide the facility citing difficulties, he will have to explain the reasons in writing and the same will be reviewed by the proposed state regulatory authority. Not only this, companies can also share information related to an applicant’s disability only after consent. However, it would not be necessary to do so due to security or legal issues.
can’t be fired
The government has made it clear in its bill that the employees who will be recruited under such a law cannot be fired under any circumstances. The bill clearly states that no matter how critical the conditions are, once recruited, employees with disabilities can neither be demoted nor fired from the job. However, if it is very necessary then they can be appointed to some other post or additional post.
Efforts for easy access to education
The Karnataka government has not only implemented reservation for disabled in jobs, but has also asked all educational institutions to reserve 10 percent seats in every course. In these institutions, it has been said to provide all infra and digital facilities including admission, proper facilities in classes and examinations, extra time, writers and optional question papers. Institutions will have to be given the facility to prepare a plan within 6 months and implement it completely within 5 years. A provision has been made to give 5 years age relaxation and 5 percent relaxation in cut off to disabled students. Apart from providing education loans at affordable rates, documentation will also have to be made much easier.
strict action on complaints
The state regulatory authority has also made arrangements to monitor compliance with this rule. Under this, the regulator will be responsible for implementing this reservation, conducting audit and issuing annual report. Under the rules, all institutions and establishments will have to appoint trained grievance redressal officers and provide easy channels for complaints. Objections and suggestions will be invited within 30 days of the publication of the complaints, which will be sent directly to Vikas Soundha, Principal Secretary, Labor Department, in Bengaluru.
