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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

Attached Files
File Type: doc Applicability of Standing order to IT Industries.doc (29.0 KB, 790 views)

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
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