Designation alone does not decide employee is a workman or not.

There have been queries the employees in IT sector would be in “Exempt” or “non Exempt” categories for the purpose of OT. This becomes complicated as IT companies in India have been decorating employees with fancy, flasshy and confusing designations.

The concept related to the industry and HR has been imported from across the Globe majorily from US, however if look at the litigations and result of litigations from states like California you would find that clear verdicts have been given, on which designation is covered under Labor law or any other law…..

There are no generic answers but pertaining to a specific employee there would be specific answers which a competent and experienced lawyer can provide. Meeting such lawyer would be meaningful and useful.

In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Industrial Employment Standing Orders Act, …. So, if the employee falls within the definition which has been provided under these enactments, then he would be protected to that extent.

The IT companies are covered under SE Act and the enactment does not indiscriminate between a workman or non workman.

The SE Act of many states is so employee friendly e.g. Bombay, AP, Delhi etc…to name a few. There are many threads at LCI and many employees have been able to secure relief under SE Act e.g;

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp

https://www.lawyersclubindia.com/forum/Unfair-discharge-75893.asp

In some states, as per IT policy of the state, IT companies were granted blanket exemptions from the provisions of IESO Act, while some states did not grant such exemption.

State of Karnataka had granted such exemption, and it had ended the exemption in April as per some publications. As per representations by the representatives of the IT industry that IT industry requires standing orders specific to the needs pf the Industry, the state Govt. of Karnataka had instructed all companies to submit their draft standing orders to the Certifying Officer (DLC) by Dec2012 for certification by March 2013.

Before the standing orders are certified, the certifying officer shall invite representatives of employees, union of employees too for consultation and objections.

 This is THE TIME to unite all IT employees of Karnataka to ensure that favorable standing are framed, and then certified and then disperse and propagate to other states.

IT employees are IT savvy and can contact and communicate effectively thru portals like face book and others.

The trade unions have been calling upon the employees of the IT industry to organize and form unions.

The contact details of officials of Dept. of Labor/SE Inspectorate, IESO Act/ Model Standing Orders under the Act may be available at Dept. of Labor website of your state.

The Lay off has been discussed in many threads at LCI.

There are rules pertaining to lay off e.g;

https://www.lawyersclubindia.com/forum/Termination-from-private-service-by-giving-two-month-s-basic-75951.asp

Many of the employees from IT sector have initiated threads at LCI, you may go thru these and get in touch with them and UNITE e.g:

https://www.lawyersclubindia.com/forum/Medical-leave-policy-76684.asp#.UUSE0kpFZ_4

There specific issues haunting IT employees and probably it is the biggest sector that would be contributing to litigations related to Labor/service matters and hence more and more numbers of Lawyers specializing in matter related to IT industry would be coming up.

It is always better to have access to a competent and experienced lawyer and obtain legal advice in time before falling in legal traps.

Dealing with employer has become a game of chess. It is better to learn and master it and be master of the game.

BE SMART.

Attached.

Hi Kumar Doab,

Thanks a lot for the response and enlightening me.

But customised standing orders mean that again those industry captains will have their ways. This cannot be accepted, as we don't want to work for more than 8 hours. I think that IT guys/girls are more stressed out, and believe me, this is real.

Nothing more to add

If I can get a lawyer for fighting my case, I will explain him/her the entire scenario. Infact, I have now realized that these two firms have exploited me, and my second firm even lowered my salary, beause the project for which I was supposed to be hired, went to china, and what I was supposed to get, I did not get. But since they had rolled out the offer, hence, they did not deny my employment. 

You have posted that:

“But customised standing orders mean that again those industry captains will have their ways. This cannot be accepted, as we don't want to work for more than 8 hours. I think that IT guys/girls are more stressed out, and believe me, this is real.”

IT employees are IT savvy and can contact and communicate effectively thru portals like face book and others. IT employees had started an intiative:

IT/BPO Voice of India | Facebook

---Before the standing orders are certified, the certifying officer should invite representatives of employees, union of employees too for consultation and objections.

So organize IT employees and educate them to unite and form their union-works committees, in their respective companies, get these recognized (7-15 members are required to form a union. Local Trade union leaders, labor lawyer/law firms can explain the details and help too) and get affiliated with bigger trade unions.

You must involve the (good and favoring) senior, seasoned, experienced trade union leaders to hold sessions with employers and DLC.

Get in touch with certifying Officer: DLC (Deputy Labor Commissioner) immediately and submit memorandum (trade union can do it) that till employees from all companies are not properly held standing orders may not be certified.

Employees can chase the staff in o/o DLC in each city to know for how many companies the draft standing orders are received and who/which ( names and addresses)  and how many employees from each company have been invited for discussion/objections on standing orders. You can chase thru RTI also.

You may go thru the attachments e.g.; (Works Committee is Authority)

---The max. number of hours and employee can put to work and OT and wages for OT have been well explained in SE Act applicable to IT companies. Then there are relevant clauses in the SE Act which employee should understand and memorize.

e.g:

SE Act Delhi:

8.      EMPLOYMENT OF ADULTS, HOURS OF WORK.

10.  INTERVAL FOR REST AND MEALS

11.  SPREAD OVER

17.  PERIOD OF REST (WEEKLY HOLIDAY)

18.  WAGES FOR THE HOLIDAY.

19.  TIME AND CONDITIONS OF PAYMENT OF WAGES.

20.  DEDUCTIONS WHICH MAY BE MADE FROM WAGES.

21.  CLAIMS RELATING TO WAGES.

22.  LEAVE.

23.  WAGES DURING LEAVE.

30.  NOTICE OF DISMISSAL.

34.  EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.

35.  INSPECTION OF REGISTERS AND CALLING FOR INFORMATION.

37.  POWERS AND DUTIES OF INSPECTOR:

COMMENTS

(b) Duties of the Inspector

(i)  that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no  dues payable under the Act or Rules have been withheld;

41.  WILFULLY MAKING FALSE ENTRIES.

The employee may log onto the Dept. of Labor website of the state and download the SE Act, IESO Act, Model Standing Orders, Payment of Wages Act, ID Act, Address/contact details of the Labor Officials e.g: Inspector/Chief Inspector under SE Act, Wages Inspector, ALC/DLC, Trade Unions and their leaders…….

If you still find any difficulty, write down your state and we will try to help.

---The working hours, time, wage rates etc are also mentioned in IESO/Model Standing Orders….

If you wish to avail the services of LCIO lawyer you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.UUVSq0pFZ_4

If you still find any difficulty, write down your city and state and we will try to help.

Educate and circulate to as many employees as possible.

well explained by Mr Doab

Hi Mr Kumar Doab,

Thanks a lot for detailed explanation.

And I stay in Bangalore City. I am ready to give my case to lawyer in this city, who would be referred by people in this Forum.

Once again, Thanks a lot for helping me.

Regards,

Radhakrishna

Hi Mr Kumar Doab,

Thanks a lot for detailed explanation.

And I stay in Bangalore City. I am ready to give my case to lawyer in this city, who would be referred by people in this Forum.

Once again, Thanks a lot for helping me.

Regards,

Radhakrishna

Bangalore is in Karnataka.

Regret do not any lawyer in Bangalore.

You may visit a competent and experienced labor consultant/service lawyer at your location. Labor law/service law is altogether different specialization/field. In each city there are few/limited labor consultants/service lawyers. They are experts in this field, they are well known, and they take up only such cases. Some of them may have their preference to take up employer side or employee side cases.

You may show all of your docs and give inputs in person and spend quality time with your lawyer and understand the merits in your case and other nuisances and finer aspects for your case.

If you wish to consult a LCI lawyer specializing in this field you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.UUVSq0pFZ_4

Your near and dear ones can also recommend a good lawyer to you.

You have to firm up the terms etc with your lawyer on your own.

Valuable advice of learned experts/members is sought.

Certified copy of the decision can be obtained from concerend labor Court under RTI also.

Chennai court says software engineers are workmen, orders HCL to reinstate sacked employee

https://huntnews.in/p/detail/3095563391822923?xlang=en&uc_param_str=dnfrpfbivesscpgimibtbmntnijblauputoggdnw&pos=1462876560268&channel=education&chncat=category_english

Please share case ID or CNR or Diary number of this Labor court case

THERE IS TOTAL LABOUR LAW STUDY ARE THERE