NDLF poser to Wipro, Cognizant, TCS, Infosys, IBM and Labour Department

NDLF IT Employees Wing office bearers and members arrived at the Labour Commissioner office for the meeting of Joint Commissioner of Labour, Managements of IT companies Wipro, Infosys, Cognizant, TCS, IBM and NDLF IT Employees Wing on 28-08-2017 at 11.00 am.

Labour Commissioner office – meeting of Joint Commissioner of Labour, Managements of IT companies Wipro, Infosys, Cognizant, TCS, IBM and NDLF IT Employees Wing on 28-08-2017 at 11.00 am

Labour department officials informed us that once the management representatives also arrive they will call for the meeting. However, after some management representatives came and went into the JCL office (we understand they are from Infosys), we were called after about half an hour. The JCL informed us that the companies object to joint meeting and he is going to collect information from IT employees separately and from the managements in separate meetings and send to the government. He insisted that only IT employees can be present in the meeting and all other union representatives should leave the meeting.

We objected strongly saying that NDLF IT Employees Wing gave a representation to the Labour Commissioner on May 16, 2017 demanding tripartite meeting of managements, union and labour department to address mass layoffs issue. The letter sent by JCL calling for this meeting also stated that the meeting is with the union, not with individual employees.

JCL letter from labour department (doc no 2739/17 dated 17/8/17) clearly states NDLF -IT wing as party in representation bur denied rights for officer bearers to be present in meeting.

Employees from Wipro, CTS, Napier Healthcare narrated their harrowing treatment by company managements and HR. NDLF office bearers spoke forcefully and demanded immediate action from the government. Filing cases is not a solution, as cases drag on for several months before the employee can get justice.

We informed the JCL that many employees from Wipro, CTS, HCL, Mphasis who were forced to resign had already filed petition under section 2A of ID Act. We also pointed out that NDLF IT Employees Wing filed a petition under section 2K against Wipro management listing various demands of our union members working in that company. But the company failed to provide answers to any of the demands nor did they come to attend the conciliation hearings.

IT companies availed subsidised land, power, tax holiday from the government in the name of generating employment opportunities. Now, when they are actively reducing jobs illegally, the government represented by labour department should intervene and enforce the law of the land.

Job Cuts

IT companies availed subsidised land, power, tax holiday from the government in the name of generating employment opportunities. Now, when they are actively reducing jobs illegally, the government represented by labour department should intervene and enforce the law of the land.

The illegal, unfair mass layoffs have been going on for over 6 months in IT sector. In May, the Secretary, Labour and Employment, Tamil Nadu assured NDLF delegation that the department will get inputs from NASCOM and IT company managements and take a policy decision.

Based on that assurance and the experience of filing grievance petitions in various labour offices, many IT employees expected the labour department to take strong counter measures against the illegal layoffs by IT companies.

But the the managements refused to even meet the employees in the legal forum. The labour department also gave in to the companies’ pressure and went for information gathering exercise.

In summary

  • IT employees are disappointed with the labour department for refusing to intervene in the suffering of thousands of IT employees.
  • We fail to understand what the company managements have to hide. They are hesitant to attend conciliation hearings and try to evade the legal process.

Our demands

  1. To provide immediate relief for Employees who filed petitions under section 2A of ID Act against forced resignations and reinstate them in service with back wages.
  2. To immediately address grievances listed in the petition filed under section 2K of ID Act by NDLF IT Employees Wing against Wipro management.
  3. To direct the managements of CTS, Wipro, TCS, Infosys, Tech Mahindra etc to submit the details of resigned employees from January 2017 and conduct an enquiry with the concerned employees about the nature of their resignations.
  4. Union and concerned employees need access to Employee performance records citing which employees are threatened.
  5. Union members representation should be assured in Project performance appraisal exercise of IT employees.
  6. Recognition of NDLF IT Employees Wing by IT company managements and collective negotiation with union on issues pertaining to employees.

Print and visual media persons gathered in the labour department to cover the event. Affected employees and NDLF IT Employees Wing office bearers spoke to the media in detail.

Memorandum Aug 28 , 2017

From:
New Democratic Labour Front – IT Employees Wing
110/63, Corporation Commercial Complex
NSK Salai, Kodampakkam, Chennai.

To:
The Joint Commissioner of Labour,
Labout Welfare Board building,
DMS Complex, Teynampet,
Chennai – 600 006.

Sir/ Madam

Sub: Seeking intervention – retrenchment of employees in IT sector

Indian IT majors

Hundreds of IT employees from all over India had complained to our union regarding practices inside IT companies.

First of all, we would like to thank the JCL, Chennai for calling for this tripartite meeting as demanded by us in our representation to the labour commissioner on May 16, 2017. This meeting should have been called much earlier which would have addressed the distress faced by thousands of employees across IT companies.

Subsequent to our representation to Labour Department in May, various events and media reports validated our submission and the grave situation prevailing among employees of IT companies. We highlight some of the reports in the appendix to this memorandum.

Hundreds of IT employees from all over India had complained to our union regarding practices inside IT companies.

  1. CTS employees informed us that the management directed low level managers to assign MS rating (or 4th bucket) to 10% of employees. Employees given MS rating were released from projects by HR, their profiles were locked so that they can not be assigned to any other projects even if the concerned project managers is willing to take them and subsequently they are threatened by HR managers to submit resignations.
    These practices of CTS management amount to unfair labour practice.
  2. In Wipro, employees are targeted for various reasons based on predetermined target set by top management. Such employees were given MCE rating (low rating) without any regard to their past records, ratings in the preceding quarters and the length of service.
    Wipro management has a policy of Band Inertia under which senior employees were asked to leave on the pretext of remaining in the same level for more than 5-7 years.
    These practices of Wipro management amount to unfair labour practice.
  3. We received complaints from employees of Capegemini, Infosys, Tech Mahindra and various other companies about such practices.

Only very few employees come forward to fight these issues legally due to lack of awareness and fear about future career prospects (as threatened by HR managers). But the petitions under section 2A of ID Act and complaints filed in Coimbatore and other places are testimony to this practice.

We list below some of the legal measures taken by affected employees with NDLF – IT Employees Wing support.

  1. On the guidance of NDLF IT Employees Wing 2 CTS employees who were forced to resign filed petitions under section 2A of Industrial Disputes Act in Coimbatore. In addition several employees submitted petition to the labour officer complaining about non-allocation of projects and threat to their employment. We attended conciliation hearings on June 5 and on June 15, 2017 in this matter.

Cognizant (CTS) Coimbatore Employees Struggle against Forced Resignations!

The HR (human resources) department started threatening employees in terms of experience certificate, blacklisting etc. to force them to submit their resignation,” employees charged CTS in the complaint.

CTS, which employs about 12,000 persons at its centres near the city, however, said there have been “no layoffs” at Coimbatore. “We conduct performance review to ensure we have the right employee skill sets necessary to meet client needs and achieve our business goals. This process results in changes, including some employees transitioning out of the company,” a CTS spokesperson said.
http://timesofindia.indiatimes.com/city/coimbatore/fearing-layoff-cognizant-staff-knock-at-labour-dept-doors/articleshow/59134406.cms

“Any actions as the result of this process are performance-based and generally consistent with those we have made in previous year

2. Two Wipro employees and a Mphasis employee affected by forced resignation filed petition under section 2A of ID Act with Labour department, SIPCOT, Irungattukottai. But in the conciliation meetings called by the labour department no representation and no response stance has been maintained by Wipro and Mphasis managements.

3. A HCL employee filed petition under section 2A of ID Act with the labour department in Kuralagam, the hearing of which is going on.

4. On July 15, 2017 office bearers and executive committee of NDLF IT Employees Wing were elected from among employees of India’s leading IT companies such as Infosys, TCS, CTS, Wipro and others.

Employees from leading IT Companies Take Union Positions!

5. In the month of July 2017, NDLF IT Employees Wing filed petition under section 2K of ID Act and submitted 68 employees of Wipro. Non-allocation of project, 10% to 20%variable paycut, threats of termination etc were cited as complaints. Out of 68, 25 are wipro employees from Tamilnadu. In the 4 hearings held so far, Wipro management has not attended the hearing or responded to any the complaints.

மெதுவாக, உறுதியாக, மலர்ந்து விரிகின்றது பு.ஜ.தொ.மு – ஐ.டி ஊழியர்கள் பிரிவு

6. We are also organizing affected IT employees in Bangalore, Hyderabad, Pune and Kolkata who contacted us about the unfair practices followed by IT companies.

IT Job Losses

To provide immediate relief for Employees

Hence, we submit the following demands to the Government of Tamil nadu represented by the labour department.

Our Demands

  1. To provide immediate relief for Employees who filed petitions under section 2A of ID Act against forced resignations and reinstate them in service with back wages.
  2. To immediately address grievances listed in the petition filed under section 2K of ID Act by NDLF IT Employees Wing against Wipro management.
  3. To direct the managements of CTS, Wipro, TCS, Infosys, Tech Mahindra etc to submit the details of resigned employees from January 2017 and direct your subordinate officials to conduct an enquiry with the concerned employees about their resignation.
  4. Union and concerned employees need access to Employee performance records citing which employees are threatened.
  5. Union members representation should be assured in Project performance appraisal exercise of IT employees.
  6. Recognition of NDLF IT Employees Wing by IT company managements and collective negotiation with union on issues pertaining to employees.

THANKING YOU

Yours sincerely

for New Democratic Labour Front – IT Employees Wing

Permanent link to this article: http://new-democrats.com/ndlf-poser-to-wipro-cognizant-tcs-infosys-ibm-and-labour-department/

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