June 8, 2018
NDLF is a registered trade union and for the past 20 years we are organizing workers in Tamil Nadu and Puducherry. The IT Employees Wing of NDLF was formed on January 10, 2015. We have been helping employees to seek collective bargaining rights for employees on employment related issues and take legal measures in case of unfair labour practices by employers.
Early this week, many employees from Tech Mahindra contacted us and reported that they are being forced to resign by their HR managers. Employees marked for lay-off are given low rating through the annual appraisal system. The appraisal system itself is unscientific, opaque and arbitrary. Some employees who were given higher rating by the immediate supervisor were reassigned to lower rating by HR.
Project managers are forced by HR to release lower rated employees from their projects and instructed not to take them to fill the need in their project. The internal project allocation system is changed by the management to block adding any low rated employees to projects.
HR people call the employees marked for lay-off and ask them to resign. The employees are pressurized in closed door meetings. They are forced to put in their resignation papers. HR humiliate, insult and blackmail employees who have been working for the company for years.
NDLF IT Employees Wing strongly condemns the illegal and unethical practices by Tech Mahindra HR. We demand that Tech Mahindra immediately stop the forced resignations and illegal retrenchment of its employees, reinstate all affected employees and create opportunities to re-skill the employees as per the current trends.
In 2017, we took up the grievances of more than 50 Wipro employees with management and later filed a grievance petition under section 2K of Industrial Disputes Act. This ensured that none of the affected employees were forced to resign and they continue to work in the company. We also took up the matter with labour secretary and labour commissioner requesting them to stop forced resignations in IT companies. We organized demonstrations and press meets to highlight the plight of employees who lost their jobs.
Last year Mahindra Group executive chairman Anand Mahindra and Tech Mahindra vice-chairman Vineet Nayyar and CEO C P Gurnani all individually apologized over the way an employee at Tech Mahindra was asked to resign with immediate effect. But, even after that the company continued the illegal lay off practice and was slapped with notice after employees approached labour commissioner and the high court.
We call upon Tech Mahindra IT employees to resist resignations forced upon them by their employer. Appraisal system and forced resignations violate Indian labour law. IT/BPO companies don’t have the right to terminate employees without due process. (Otherwise they won’t even bother with forced resignations). If any of the Tech Mahindra employees submitted resignation and are under notice period, we ask them to revoke resignation immediately.
We request all affected employees to contact NDLF – IT Employees Wing and consult our lawyers before deciding on the company’s illegal demands.
NDLF IT Employees Wing