Are Indian IT Employees Overworked? Exploring the Need for Fair Work Hour Laws

Hi guys, I am working in an IT company. In most Indian IT companies, employees are required to work for more than 8 hours, and the workload assigned to an employee is often more than three times that of a single person's work. In situations where there should be 15 employees assigned to a project, there are only 6 to 7 employees actually working.

Is There Any Law for IT Employees in India?

There are laws for U.S. IT companies. The law states that employees must be provided with a minimum salary amount ($X per hour) and work a maximum of 8 hours. We, as Indians, are working like slaves for other countries. It's time for India to wake up. Why hasn't a similar law been implemented here in India? Can we introduce such a law in the near future? Please share your suggestions.

Thank you.

Hi guys, every company has its policy to tackle working beyond the stipulated 8 hours. Therefore, you need to look for the same in your company. If no such policy exists, then you need to raise this concern to your higher authority together. Also, highlight your thoughts on how you need to be compensated for this, like an additional compensatory leave (equivalent to extra hours worked) or pay/incentive or perquisite matching the extra efforts put in by the employee.

Make your voice more logical if you manage to get data on what practices are adopted by your competitors. I believe no company wants to lose a competent employee... so all the best.

Regards,
SKB

It is the more senior and competent persons who are not affected by the above-mentioned exploitation, as they can dictate terms and make the management bend in their favor. It is the fresher or the less experienced who is trapped into signing a bond ranging from 2 to 3 years and then crushed like sugarcane to extract even the last drop of juice.

The employers also have a point that the employees desert them after a few months of training and hence have to retrain new candidates, but not compensating for extra hours and extra work is definitely not the right approach.

Policy Recommendations

Policies are made by the Management, which are often one-sided. A regulation should be brought about making it compulsory that the policy should be approved and passed by a neutral agency to maintain the interests of both the employee and the employer.

Regards,
Rajendra.

Existing Laws for IT Industry in India

We are not a lawless society. There is law already in existence. The Shops and Establishment Act is the law governing the IT industry, defining working hours and working conditions. What is lacking is adherence and implementation of the law, like most other laws in our country.

The laws are already there. IT employees are no different from other employees. As per the law, overtime wages are required to be paid. The basic problem is that IT employees do not think they are "workmen" like in any other industry and are not ready to get unionized.

Regards,
Ravindra Pund

Very true, there are laws, but employers have the ability to afford legal advice and consultants to interpret and twist the law according to their choice. The bond is a tool that employers use as a ringmaster's whip to make the employee dance to their tunes. The employee is not even aware of the content of the bond, nor is given a copy of it. This practice should somehow be stopped.

Regards,
Rajendra Jadhav.

The Issue of Overworking in IT Companies

Compensation for extra working hours is not the right approach, as said by Ranjendra. We are not getting time to be at home and spend time with family and friends. Sixteen hours are spent for the office (including travel) and just eight hours for home. What can be done in those 8 hours? Sleep? Eat? Talk with your Mom/Dad? Nothing can be done. Just go to bed to get ready for the next day.

It is not a proud thing to say that we work for 10 hours or 12 hours, but it happens. People in higher posts themselves do not understand that we all are working for other countries to make other countries develop, making ourselves like slaves. The law should be made strong to stop these kinds of practices performed by IT companies. Only we should realize and come forward to stop this.

Applicability of Labor Laws to IT Companies in Tamil Nadu

The employees of IT companies or BPOs are considered "workmen" as defined under the Industrial Disputes Act of 1947. Their working hours are regulated by the provisions of the respective laws relating to working conditions. In Tamil Nadu, the Tamil Nadu Shops and Establishments Act is applicable, and the working hours prescribed under this law are enforced, subject to exemptions granted by the Government. Other laws relating to gratuity and bonus are also applicable.

The issue is not the applicability of labor laws to IT companies but rather the implementation of these laws by employers and their enforcement by official agencies. The attitude of IT company employees is also relevant. As pointed out in one of the posts in this thread, IT employees may not prefer to be classified as "workmen" under labor laws. Additionally, a significant factor affecting the implementation and enforcement of labor laws in establishments where employees are white-collared (possessing at least a professional or technical degree) is the fear of job loss. This fear is well-founded if they claim benefits under various labor laws.

I have encountered cases where IT employees, fully qualified to receive gratuity amounting to at least one lakh rupees, refuse to claim it from their previous employer. They fear an adverse report might be made during a background check by their current employer.

Regards

Could you help make this law even stronger? It would be very helpful if someone could assist us all with this issue. Many Indians are suffering. They would all feel happy and very thankful if this law is refreshed and enforced.

Thank you.

The law is strong enough. It is the collective will of the IT employees that is required along with the serious efforts of organizations like GITPRO who are working in this field.

Regards,
RRPund

Strengthening Labor Laws in India

A simple and straightforward way of utilizing available legislation is to lodge a written complaint with the concerned labor inspector or shop act inspector under the Shops and Establishment Act. This can help in pursuing and forcing them to take appropriate action against the employer.

Hi Mr. Harikrishnan, could you help make this law even stronger? It would be very helpful if someone assists us all in this issue. Many Indians are suffering. They would all feel happy and very thankful if this law is refreshed and enforced.

Regards

I am not advocating for compensation for the extra hours put in, as pointed out by Mr. Madhu. The best situation would be when the working hours are clearly defined as per the law and rules. However, it is a fact that there is no escape at present for employees from putting in extra hours at the cost of their social life. So, considering the situation, why not at least compensate them handsomely?

Also, what is suggested by Mr. V. Harikrishnan is very relevant. There is no will to implement the law, and the employees are at the receiving end because they do not have the strength, courage, determination, and a union to fight it out. An individual who raises his voice is simply thrown out. Law-enforcing authorities, retired and serving, should help them in this cause.

Regards,
Rajendra.

One should delve into the history of the enactment of the Trade Union Act. Similar exploitations existed in the past, but our predecessors fought against them and achieved results. Here, at least retirees or those who have left the organization can take the lead in recovering overtime dues. Publicizing the negative attitudes of management can help mitigate exploitation. The laws are already in place. For example, the Shops and Establishment Acts and the Industrial Disputes Act, which, when read together, protect the interests of workers. There is no need to be hesitant if one is covered under the definition of a worker. Once covered under the Industrial Disputes Act and having completed 240 days of duty in a year, it is easier to get a divorce than to dismiss a worker. Therefore, the root cause of the problem often lies in a lack of knowledge.

Thank you.