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?
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.
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.....
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
For list of holidays click on link:
You may also look into link:
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.
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???
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.
Hii,
This is shame for such BPO Services Companies.
But One should read all Terms and condition while signing Bonds with BPO Companies.
You may go thru very interesting publications and share the details of
http://www.amrc.org.hk/text/node/1088
http://www.thehindubusinessline.com/opinion/labour-norms-must-apply-to-it/article3984785.ece
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:
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
Contact Us
|
|||
|
|
|||
|
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
How are the Left trade unions going ahead to form the unions for IT workers?
"IT industry professionals in
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
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.
Our Network Sites
STUDENT....
