IT and ITES Democratic Employees Association (IIDEA), a democratic and progressive organization presents its charter of demands for the rights of tech and non-tech workers in the technology and digital sector, including IT, ITEs, BPOs, E-commerce, Fintech, Digital marketing and any other workers working in non-tech sector using technology.

CHARTER OF DEMANDS

1. Rights of workers while Joining Employment

• Regular employment:
  We demand that workers in the tech and digital sector be given regular and stable permanent employment. Workers should not be reflected as trainees/ contract/ consultants while being made to perform regular work.

• Notice Periods:
  We demand that notice periods in appointment letters should not exceed a maximum period of one months. Companies often mandate three months or more notice, which makes securing alternative employment difficult.

• Bonds:
  An employment bond which is one sided, unconscionable or unreasonable is illegal. Section 27 of the Indian Contract Act prohibits any agreement in restraint of lawful profession, trade or business of any kind. We demand that the practice of imposing bond periods subject to harsh penalties if a worker wishes to leave be immediately stopped.

• Equitable Hiring and Career Mobility:
  Organizations must implement fair and equitable hiring practices that actively foster workplace diversity, including for women, caste-oppressed individuals, religious minorities, LGBTQ+ employees, disabled workers, and others facing systemic exclusion. Beyond hiring, companies must guarantee equal access to skill development, career growth, and leadership opportunities, ensuring career mobility.

2. Rights of workers during the Course of Employment

• Wages:

  • Minimum Wages:
    IIDEA demands that minimum wages be increased to Rs 41,000/- for unskilled workers and trainees employed in the tech industry. This is based on Supreme Court guidelines towards fixation of minimum wages – since minimum wages is not intended to be a mere animal living but must ensure the dignified living of a worker and her family. This should be the minimum and increased further as per skill level and regional cost of living.

  • Increment:
    We demand a general increment of wages for workers in the tech sector, which must be, at least, based on the DA declared by the Central Government for unskilled workers. Annual of not less than 20% wages must be granted each year in view of escalating cost of living.

  • HRA:
    All workers must receive House Rent Allowance adequate to ensure a dignified mode of living in the respective city of residence.

  • Salary Disclosure:
    We demand that salary structure of workers in all categories should be made transparent. Management must not prohibit or threaten penalty if salary is disclosed.

• Working Hours

  • 30 hour working week:
    In face of increasing automation, we demand reduction of work hours to 30 hours per week (6 hours work day, 5 days a week) to tackle growing unemployment and work life balance. Employees would utilise additional 2 hours per day to participate in different training or knowledge upskill programmes, the employers must encourage their employees for it and born the entire cost

  • Overtime work:
    We demand implementing law pertaining to overtime work be implemented. The wages payable for overtime work should be calculated at twice the ordinary rate of wages.

  • Right to disconnect:
    We demand implementation of the right to disconnect policy for the tech workers working remotely or working from home and not engage in work related electronic communications such as emails or messages during non- work hours. Workers cannot be kept ‘on call’ and available in guise of flexibility

• Social Security:
  We demand introduction of social security programmes and schemes for all workers in the sector. Specifically, we demand for provision of Employee State Insurance, Provident Fund, Gratuity to be paid at 3 months wages for each year of service and Pension equivalent to Old Pension Scheme for government employees

• Leave and LTA allowance policy:
  Leave policies are often unclear and complicated to understand. Leave policies should be clear and transparent in accordance with the Karnataka Shops and Commercial Establishments Act. Adequate leave in various categories including earned leave, casual leave, sick leave and vacation leave must be provided. Similarly, we demand that workers in this sector be provided with allowances for Travel Allowance/ Leave Travel Allowance.

• Right to Unionise without victimisation:
  Unionising is a fundamental right under the Constitution of India. Moreover, having a union in fact benefits the management, since dignified and secure employment increases productivity of workers. However, in the IT/ ITES sector specifically, Unionising is faced by severe repercussion and there is a fearful atmosphere. Workers who speak up for their rights are threatened with blacklisting. Similarly, Performance Improvement Plans (PIPs) are used as a form of victimisation and not to improve gaps in workers’ skills. Hence, we strongly demand protection of the right to unionise and engage in bona fide collective bargaining.

• Rights against abuse, harassment and discrimination:
  Workplaces must be safe, inclusive, and free from all forms of discrimination, harassment, and abuse. Verbal and physical abuse remain rampant, disproportionately affecting women, LGBTQ+ employees, religious minorities, caste-oppressed workers, individuals with disabilities, and other socially marginalized workers. All forms of discrimination on the basis of religion, race, language, caste, gender, sexual identity, and place of birth must be stopped. We also commit to supporting employees who face discrimination or employer inaction in cases of workplace discrimination.

• Women Employees:
  Particularly suffer from lack of equality of pay, promotion and employment. There is rampant violation of the Maternity Benefit Act. We demand for safety and equality at the workplace. We demand for paid menstrual leave and separate and adequate Restrooms for women. There should be an internal complaints committee and a gender sensitisation committee to tackle complaints of harassment including sexual harassment in each and every office, based on Vishaka guidelines and the Justice Verma Committee Report.

• Health impact of work in the IT / ITES Sector:
  Several studies have demonstrated the health impact of work in this sector. We demand regular health check-ups and health camps. All workers must be covered under a good health insurance policy. Workers in night shift must be given night shift allowance since working through the night has been demonstrated to cause severe health repercussions. In establishments employing over 50 workers, a doctor cell must be introduced.

• Data Collection:
  Most companies do not disclose what data is being collected from employees and for what purpose it is used. Data collection practice should be transparent and data should be shared with the employees. Tracking mechanism should be transparent and should not violate the right to privacy.

• Fair treatment of Freelancers:
  Workers who are employed as freelancers must be paid on time and in accordance with the agreed terms and conditions.

• Reasonable Targets for BPO workers:
  The performance metrics are unsustainable and unachievable. The incentives are decided based on situations that are not within the control of the employee. We demand transparent process to design the metrics and incentive policies should be framed based on employees/ workers inputs.

3. Rights during termination of Employment

• Most employees in the IT/ITES sectors are ‘workmen’ as defined under the Industrial Disputes Act, performing technical work. Even those designated as managers often do not have managerial powers in respect of employees under them. In this context, certain rights are relevant:

• Retrenchment must follow the ‘last come – first go’ rule, and there can be no pick and choose of workers who are terminated unless there is some proved misconduct.

• Rehiring:
  If the management wants to hire more workers, it must first give an opportunity to workers it has retrenched previously.

• Compensation:
  Before retrenchment or lay-off, workers are entitled to notice and compensation. We demand retrenchment compensation to be payable at 3 months’ salary for each year of service.

• Permissions:
  Establishments employing 100 persons or more are required to seek prior permission of the appropriate government before effecting closure, retrenchment or lay-off. We demand for strict implementation of all these provisions.

4. Implementation of Labour Laws in IT/ITES Sector

• The IT/ITES sector is at the forefront in flouting all labour laws from the Industrial Disputes Act, the Shops and Commercial Establishments Act, the Maternity Benefits Act, Minimum Wages Act. We demand inspection by labour department of IT and ITeS companies in order to verify and ensure compliance with existing labour laws.

• The Karnataka Government has repeatedly extended exemption to the IT/ITES sector from coverage of the Industrial Employment (Standing Orders) Act, in contravention of the report of the Labour commissioner finding rampant illegal terminations. We demand that the exemption be revoked.

• Labour laws must evolve to recognize modern employment dynamics, including prolonged training phases, as de facto employer-employee relationships. We demand that regulatory bodies reassess cases through an ethical lens, acknowledging the socio-economic vulnerabilities of workers.

• We demand involvement of the Central Trade Unions and IT and ITeS Employees’ unions in the process of formulating legal frame works and policies for the sector, especially in respect of work from home policies.

• We demand implementation of special state- wise fast track labour cells to act on the disputes raised by IT & ITeS employees, so they are resolved immediately.

• We demand the scrapping of the four new labour codes. These Codes will adversely affect our ability to hold employer accountable. Under these Codes almost all employees in private sector will now have fewer safeguards against mass firings. It will also adversely impact the safety standards of women employees working in private sectors.

5. Other demands

• Rights of other workers:
  IIDEA stands with all non-tech staff in the establishment, including Housekeeping, gardening, security and other staff. The practice of outsourcing perennial and permanent nature of work is an unfair labour practice. Moreover, there is no compliance with the provisions of CLRAA insofar as these workers are concerned. Hence, rights of these workers must be ensured.

Long Live the Unity of Workers in the IT/ ITes Sector!
Inquilab Zindabad!