Bpo's/call centers/mnc's

.......

Hi Team,

We al know about MNC Compnies running BPO's in INDIA.

In BPO Sector an employee has to contribute more than 8hrs in the organization in my company its 9.5 hrs in office + 5 hrs of Company travel both up and down and he/she gets a 2 rostered week off's from the company and the company also ask the employee too work in Night Shift as well as on gazetted holidays like (26th Jan, 15th Aug, Diwali and so on....) and company claims that the employee can take a compansetory off on behalf of the gazetted holidays if incase the employee has worked on that day which company never issues to all of his employee.

My Question is it legal to allow BPO/MNC to run there company in INDIA with such kind of policies implimented by them and letting an employee too work for more then 8hrs and also on gazetted holidays and is there any provision in Labour and Service Law?

Working for more then 8hrs and on gazetted holidays is legal?

 
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Most of these companies have setup their business in SEZs by corrupt Central Govts. The act aims to convert indians into slaves of the rich. In SEZ Act this is possible but you will find that all BPO are run on the Trades and Establishment Act. So in lay mans terms our govt. has allowed some rich people to make slaves of poor Indians.

 
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.......

But on what Grounds... Which Act/Law has allowed the govt. to allow rich people to make slaves of Indians...

 

Does an INDIAN doesn't have right to live life according to the Norms set in INDIAN Culture.

 

OR AN INDIAN HAS TO LIVE LIFE ACCORDING TO INDIAN GOVT OR BY BECOMING SLAVES OF RICH PEOPLE...

 

IS THERE ANY LAW WHERE IN ONE CAN DRAG THE DEPARTMENT IN FAST TRACK COURT WHO ALLOWED/PERMITTED THE COMPANIES TO RUN THERE BUSINESS IN SUCH WAY.....

 

 
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FIN

Valuable advice of learned experets/members is sought.

To understand look into following:

IT/ITES policy govt. of Maharashtra is enclosed. You may obtain the latest version from labor website or labor office or market for your state.

4.4        Industry-friendly and supportive environment:

(b)     Relaxations     under    Shops    &   Establishments      Act   for  working

        hours, work shifts and employment of women.

{ the relaxation has been described implying other provisions of the act shall apply}

 

(c)     Applicability of all relaxations under the Industrial Disputes Act

        and Contract Labour Act to all IT and ITES units in the State on

        par with Special Economic Zones.

(h)     Suitably amending various labour laws for facilitating submission

        of reports/returns in electronic formats.

(i)     Permission   to   IT   and   ITES   units   for   self-certification   of   reports

        and returns.

4.5        Fiscal Incentives:

{Lots of incentives have been provided so the companies should also keep the trust posed in them by adhering to the applicable laws and rules}

 

8.            Developing a pool of globally employable manpower:

8.2.    Private Training Institutions, and IT and ITES companies shall be

               offered     infrastructural    facilities   in  schools    of   the   Municipal

               Corporations, Municipal Councils and Zilla Parishads on a lease

               basis,    during    non-working       hours    of  schools,    for   conducting

               training   in   IT,   ITES   related   skills   as   well   as   English   language

                skills. { Has the company conducted any training for employees}

9.            Industry friendly and Supporting environment:

9.3     Reports/Returns      in  electronic   formats   will  be   accepted   as  per

               provisions   of   IT   Act   2000.  To   enable   IT   and   ITES   units   to

               submit     reports   and   returns   in  electronic    formats,    necessary

               amendments in the following Labour laws shall be made.

 

            Employees State Insurance Act

            Factories Act

            Payment of Wages Act

            Minimum Wages Act

            Contract Labour Act

            Shops and Establishments Act

            Workmen's Compensation Act

{ This implies company has to adhere to the provisions of these enactments}

9.5     ITES     shall  be  declared    as Public    Utility  Services    under   the

               Industrial Disputes Act and as Essential Services           (for more than

               six   months)     under    the  provisions    of   Maharashtra     Essential

Services    Maintenance     Act   1999  by    necessary    amendments      in

               these laws.

 

 

Check if your company falls in the list as in annexure of IT policy?

 

You may also go thru

 

http://www.mah.stpi.in/

For list of holidays click on link:

 STPI Holiday List

You may also look into link:

Task-IT BPO Companies

 

for software technology parks of India rules in Maharashtra.

Identify your compnay is IT or ITES, IT hardware, or MSME as per Maharashtra IT policy and relate with rules as applicable.

 

9.5     ITES     shall  be  declared    as Public    Utility  Services    under   the

               Industrial Disputes Act and as Essential Services           (for more than

               six   months)     under    the  provisions    of   Maharashtra     Essential

Services    Maintenance     Act   1999  by    necessary    amendments      in

               these laws.

 

Discuss the matter in detail and show all documents to your labor consultant. Thus you shall be clear on the recourse available to you.

 



Attached File : 108691858 maharashtra itpolicy2003.pdf downloaded 311 times
 
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.......

But does that means a citizen of india has to leave his comfort level and family and need to sacrifies his family's love and affection just for the sake of money and comfortlevel provided by IT/ITES companies....

 

And from where can i get the policy for my state???

 
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FIN

During 9 or 9.5 hours company must be providing two tea breaks and one lunch break and thus leaving 8 hours for work.

2.5 hours journey one way on each day of work is something employees can reject, and company should come forward to provide living quarters/facility near to work place or accommodate to reduce work hours if possible/permissible and if the localities near workplace are not adequately inhabited. The compensatory off can not be refused. Employee on his/her own may write the preferred days for availing compensatory off, in writing under acknowledgment. If company rejects in writing, it shall be a fit case for agitation. Look for provision of compensatory off+ double wages in acts applicable to your state for work on gazetted holidays. Relate to list of holidays provided in STPI website.

Valuable advice of learned experets/members is sought.

Type Dept. of Labor, name of your state and search in Google. Similarly you can search SE Act applicable to your state or access it at Labor website of your state, and likewise you can access It/ITES policy formulated by your state. From STPI website you can access rules applicable to your state.

All acts and limit and extent of applicability of acts have been provided in previous post and can be related to acts posted at labor website. If the labor website has not posted the acts on its website, these can be purchased from market.

If all employees are united they may approach a labor consultant at their location.

Employers and especially unscrupulous employers are moved by emotional outburst.

Firm, aware, properly informed employees need to unite and move them tactfully.

 
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Hii,

This is shame for such BPO Services Companies.

But One should read all Terms and condition while signing Bonds with BPO Companies.

 
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FIN

 

You may go thru very interesting publications and share the details of Union of employees for IT/ITeS/BPO Sector………with as manay as possible............

 

http://www.amrc.org.hk/text/node/1088

Challenges for Organizing the BPO Workers in India

 

http://www.thehindubusinessline.com/opinion/labour-norms-must-apply-to-it/article3984785.ece

Labour norms must apply to IT

 

The IT employees have been organizing themselves by forming Forums, Unions, etc…………

To get relief from exploitation it is always better to organize…………..

 

e.g:

http://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

 

http://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

 

West Bengal Information Technology Services Association (WBITSA):

http://www.wbitsa.org/

 

 

http://www.itpfindia.org/

Contact Us

Naviin Goel

Print

Delhi Chapter

E-mail:

naviin.goel@gmail.com

 

 

IT/BPO Voice of India | Facebook



There are points to ponder as felt by experts and there are thought provoking write ups e.g;

 

http://www.rediff.com/money/2005/oct/06bspec.htm

 

The proposal to forge a union for IT workers has now come from the Centre for Indian Trade Unions (CITU) -- the trade union wing of the Communist Party of India (Marxist) -- the largest Left party in the country.

So why do white-collar IT professionals need a trade union?

"A union for IT workers is the urgent need of the hour. I would call the IT professionals 'the labourers of the information age.' They toil long hours; they work at night; and some of them still get meager salaries. So a labour union for them would help fight for their rights," CITU president M K Pandhe toldrediff.com.

According to Pandhe, the main reason why CITU has mooted the idea is because the IT industry is not governed by any labour laws. "The IT industry continues to chart remarkable double-digit growth. But isn't it ridiculous that the IT workers are working hard without the backup of any labour laws?" he asks.

"Workers in the IT and ITES industry work for 10 to 14 hours daily. There are no fixed timings for them. The moment the IT professionals get together to discuss their problems at work, the management victimizes them and they are shown the door," Pandhe pointed out.

To begin with, CITU, in collaboration with other Left-unions -- like the All India Trade Union Congress, want the Union government to enact a law separately to deal with the labour issues of the IT industry.

"Yes, there is an urgent need for a labour law exclusively for the IT industry. It is the one sector that is booming across India, and we need to frame a legislation for IT workers. We are going to take up the issue with the Manmohan Singh [ Images ] government soon," said Community Party of India national secretary D Raja.

How are the Left trade unions going ahead to form the unions for IT workers?

 

"IT industry professionals in India are 'cyber coolies.' We are trying to organise them and convince them on the need to form a union to fight for their rights and jobs protection," said Narayan Ram Hegde, who works for the Union of Network International in India

 

 
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but y don't the Indian govt stop because of bpo's we r not getting job anywhere and whr ever we apply we get calls fro bpos

 
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FIN

You may find another thread relevant:

http://www.lawyersclubindia.com/forum/details.asp?mod_id=86737&offset=1#.UhJaidKAqWM

 

The employees in your sector should unite and fight for some rights.



Attached File : 292064412 challenges for organising bpo workers in india.doc downloaded 214 times
 
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