Hi
Govt. of Karnataka is not renewing the exemption provided to IT industry in respect of Standing orders Act!
Applicability of Standing order to IT Industries:
IT industry has to adhere to labour laws now
Bageshree S. (Source: The Hindu, Bangalore, dated 10th Mar 2012)
Information technology (IT) industry
in the State, which has enjoyed a blanket exemption from the Industrial
Employment (Standing Orders) Act, 1946 for 11 years, will now have to adhere to
the rules under this labour legislation. The Labour Department has decided not
to renew exemption from the Act, which the industry had sought.
This means that IT
industries, like all other industries that employ over 100 workers, have to
define “with sufficient precision the conditions of employment under them” and
make “these conditions known to the workmen employed by them”. The law is
strict on classifying workers, working hours and shifts, wages, leave and
attendance. The declared standing orders have to be approved by the Labour
Department. “From now on there will no blanket exemption to the entire industry. Exemption may be given only on a case-to-case basis,” said Labour Commissioner S.R. Umashankar. “The
industries have six months time to adopt standing orders, which have to be
certified by a deputy labour commissioner,” he said.
Exemption from the law
was last renewed in 2009 for a period of two years. It expired on August 25,
2011. The industry has had 11 straight years of exemption on the ground that it
does not fit the requirements of a knowledge-based industry. The ITEC (IT and
ITeS Employees Centre), a support group for IT professionals, and ITHI, a forum
of women employees in IT and ITeS, had been campaigning against exemption from
the Act.
Members of the two
forums had campaigned against exemption as well as the proposal to extend the
working-hour deadline for women employees from the existing 8 p.m. They had
said that extension of working-hour deadline will only help IT/ITeS
establishments to get away from their responsibilities of transportation and
security for women employees till 10 p.m. ITHI had initiated an online campaign
and a petition with signatures from 700 women workers had been submitted to the
Labour Secretary and the Labour Commissioner. The Karnataka State Women's
Commission had also raised objections to the exemption given to the IT industry
from the law on the ground that it leaves wide ground for exploitation of women
in the sector.
Ram K Navaratna
Chief Executive
HR Resonance
35/311, Bakeman bakery upstairs
Near Lakshmi Venkateshwar Kalyan Mantap
Triveni Road, Yeshwantpur
Bangalore 560 022
Tel: 09448274030
From India, Bangalore
238Govt. of Karnataka is not renewing the exemption provided to IT industry in respect of Standing orders Act!
Applicability of Standing order to IT Industries:
IT industry has to adhere to labour laws now
Bageshree S. (Source: The Hindu, Bangalore, dated 10th Mar 2012)
Information technology (IT) industry
in the State, which has enjoyed a blanket exemption from the Industrial
Employment (Standing Orders) Act, 1946 for 11 years, will now have to adhere to
the rules under this labour legislation. The Labour Department has decided not
to renew exemption from the Act, which the industry had sought.
This means that IT
industries, like all other industries that employ over 100 workers, have to
define “with sufficient precision the conditions of employment under them” and
make “these conditions known to the workmen employed by them”. The law is
strict on classifying workers, working hours and shifts, wages, leave and
attendance. The declared standing orders have to be approved by the Labour
Department. “From now on there will no blanket exemption to the entire industry. Exemption may be given only on a case-to-case basis,” said Labour Commissioner S.R. Umashankar. “The
industries have six months time to adopt standing orders, which have to be
certified by a deputy labour commissioner,” he said.
Exemption from the law
was last renewed in 2009 for a period of two years. It expired on August 25,
2011. The industry has had 11 straight years of exemption on the ground that it
does not fit the requirements of a knowledge-based industry. The ITEC (IT and
ITeS Employees Centre), a support group for IT professionals, and ITHI, a forum
of women employees in IT and ITeS, had been campaigning against exemption from
the Act.
Members of the two
forums had campaigned against exemption as well as the proposal to extend the
working-hour deadline for women employees from the existing 8 p.m. They had
said that extension of working-hour deadline will only help IT/ITeS
establishments to get away from their responsibilities of transportation and
security for women employees till 10 p.m. ITHI had initiated an online campaign
and a petition with signatures from 700 women workers had been submitted to the
Labour Secretary and the Labour Commissioner. The Karnataka State Women's
Commission had also raised objections to the exemption given to the IT industry
from the law on the ground that it leaves wide ground for exploitation of women
in the sector.
Ram K Navaratna
Chief Executive
HR Resonance
35/311, Bakeman bakery upstairs
Near Lakshmi Venkateshwar Kalyan Mantap
Triveni Road, Yeshwantpur
Bangalore 560 022
Tel: 09448274030
From India, Bangalore
Karnataka Government is left with no other alternate as a group of activists are acting pretty harsh in the name of preserving Indian culture and also the women's commission's views may keep the Govt. tied-up.
The other side, its nice that this sector would do more activities than remaining confined only to recruitment and T&D. And also the others would have more strength now to voice and to take-up many transformation/modification on the labour fronts.
IT industries are also required to abide by all relevant legislation, regulatory standards and codes of practice which affect the companies in the different jurisdictions in which they operate. This is a cordial code of conduct towards Compliance with Regulation /Legislation / Codes of Practice.
From India, Madras
The other side, its nice that this sector would do more activities than remaining confined only to recruitment and T&D. And also the others would have more strength now to voice and to take-up many transformation/modification on the labour fronts.
IT industries are also required to abide by all relevant legislation, regulatory standards and codes of practice which affect the companies in the different jurisdictions in which they operate. This is a cordial code of conduct towards Compliance with Regulation /Legislation / Codes of Practice.
From India, Madras
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Industrial Employment Standing Orders Act 1946.pdf