Ites & bpo companies category


Hi,

 

I like to get advice on 2 questions:

1) ITES & BPO companies comes under the purview of which Law (whether its Shop & establishments act or something else)?

2) Is there any law/clause which specifies the yearly appraisal shall be declared by the company on a timely basis? 

 

Thanks

Mathew

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

 BPO companies are registered as establishments under the Indian law. 

 
Reply   
 


FIN

>>>>>>>These companies are covered under State (Name of the State) Shops and establishments Act.

 

Delhi High Court

Mantec Consultant Pvt. Ltd vs State & Anr on 11 April, 2012……………..

http://www.indiankanoon.org/doc/147071732/

{6……………It may be noted that the services of the call centers are governed by the Shops and Establishment Act.}

 

 

For the purpose of ESIC Bombay High Court has delivered a landmark judgment:

Software firms are factories: High Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO.143 OF  2012

The Assistant  Director Employees’  State  Insurance  Corporation……………..

Vs.

M/s.  Western Outdoor Interactive  Pvt. Ltd.

WITH

        FIRST  APPEAL NO.  307  OF 2012

M/s. Reliable  Software Systems Pvt. Ltd.

http://bombayhighcourt.nic.in/data/judgements/2012/CFA2233111.pdf

 

>>>>> If there is a policy on appraisal then employer and the bosses of the company are duty bound to conduct it in time.

For service conditions employee should carefully go thru standing orders of the company/model standing orders, appointment letter………………………

And

Printed version of other policies, service rules. If such policies and rules are not circulated, kept in knowledge domain of the employee, the employee should demand a certified copy from concerned HR person and if he does not adhere to demand then escalate to good offices of appointing authority, MD…………………and if they also maintain studies silence and do not resolve………………………………..employee may approach Trade Unions, lawyer…………………….Inspector under Shops and Establishments Act…………………..

Trade Unions have been trying to unite employees in IT/ITeS/BPO sector.

If there is an application of Certified Standing Orders/Model Standing Orders to  such establishments almost all of the issues bothering the employees in this sector shall be resolved in favor of the employees.

 

Standing orders are applicable to commercial establishments to which Payment of Wages Act applies.

 

Your state might have issued the notification to this effect.

 

e.g; Kerala

You may go thru:

 

http://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UgIP99KAqWM

 

 

You may find some other threads interesting and relevant;

 

http://www.lawyersclubindia.com/forum/3-months-notice-need-advise-86737.asp#.UhYMP9KAqWM

http://www.lawyersclubindia.com/forum/How-and-where-to-lodge-a-complaint-against-a-employer-64348.asp#.UhYMsNKAqWM

http://www.lawyersclubindia.com/forum/Bpo-s-call-centers-mnc-s-65172.asp#.UhYNINKAqWM

http://www.lawyersclubindia.com/forum/Notice-period-queries-86107.asp#.UhYNW9KAqWM

 

 



Attached File : 719842435 cfa2233111.pdf, 719842435 mantec consultant pvt. ltd vs state & anr on 11 april, 2012.pdf downloaded 134 times
 
Reply   
 
FIN

 

It is reiterated that if Standing Orders apply then not only the issues that you are trying to point to but many others shall get resolved in favor of employees.

 

 

 

Employees are a huge vote bank. Communities are a huge vote bank.

No govt can ignore a vote bank.

 

Employees in your trade should unite and work together so the State Govt’s issue notification like the state of Kerala and Standing Orders are made mandatory………….

 

 

 



Attached File : 719842435 challenges for organising bpo workers in india.doc, 719842435 union does it industry need a trade union.doc downloaded 97 times
 
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