In India’s tech capital Bengaluru, employees of the IT/ITeS firms gathered under the flag of the Karnataka State IT/ITeS Employees Union (KITU) to stage a protest march in front of the Karmika Bhavana, the office of the state labour commission on Saturday, March 16.
The employees of the IT/ITeS firms demanded that the exemption given to IT/ITeS companies under the Industrial Employment (Standing Orders) Act by the Karnataka state government should be ended. They complained that the IT/ITeS firms are engaging in unfair practices harming the rights of employees because of the state exemption granted to them from the labour laws.
Meeting the labour commissioner, KITU president VJK Nair and general secretary Sooraj Nidiyanga submitted a memorandum stating their demands.
“The IT/ITeS Sector, which employs more than 20 lakh workers in Karnataka, has obtained exemption from the applicability of the IE(SO) Act on more than four occasions. The last exemption was granted on May 25, 2019, and is set to expire by May 25, 2024,” VJK Nair was quoted by Moneycontrol.
KITU, which is a registered union in Karnataka state, stated that taking undue advantage of the exemption under the Industrial Employment (Standing Orders) Act, IT and ITeS firms in Karnataka have not complied with the conditions imposed on them while obtaining the exemption.
KITU highlighted the non-compliance of the IT/ITeS firms on the major conditions required as per law.
VJK Nair stated that many IT/ITeS firms in the state:
- Have not constituted Internal Committees as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013.
- Have not constituted Grievance Redressal Committee as mandated by the Industrial Employment (Standing Orders) Act.
- Have not made it a practice to inform the labor department regarding cases of disciplinary action, termination, dismissal, or demotion
KITU stated that thousands of employees in the IT/ITeS industry are discharged without notice or inquiry, and sometimes laid off en masse in blatant violation of labour laws.
“KITU asserts that the regulations of conditions of service governing the IT/ITeS/knowledge-based industries shall be defined precisely with the participation of employers and employees in the process. This can only be achieved by ending the exemption and invoking the provisions of the IE(SO) Act, and suitably adapting it to the requirements of the IT/ITeS/Knowledge Industry”, general secretary Sooraj Nidiyanga was quoted by Moneycontrol.
KITU has also filed a writ petition in the Karnataka High Court challenging the exemption granted to the IT/ITeS industry from the Industrial Employment (Standing Orders) Act.
As per government estimates, over 18 lakh people are employed by IT firms across the state. Under existing state government orders IT/ITeS, BPO, and KPO companies are exempt from many labour laws.