'Nobody should use the recession as a cue to exploit employees'

R Karthik Shekhar, who quit a high-profile job at a multinational IT firm to float India's first union for IT/ITeS industry in September 2005, is a strong human rights' campaigner when it comes to employees' right. UNITES, the union he represents, has been vocal in many issues in the IT industry including the safety and security of employees. He explains the logic behind the union's campaign against IT firms, who are allegedly extending the duty hours by more than eight hours. Excerpts:

On what basis do you plan to file the PIL?
Our concern is that most of these companies are firing people, while simultaneously making them work for more hours. Why should the government not step in to bail them out of the crisis? They are asking their employees to work extra hours because they are getting enough business, contrary to their claims. Nobody should use the recession as a cue to exploit employees and make profits.

Why do you think there is a violation of norms by IT firms?
According the Factories Act 1948, maximum working hours per day is nine hours (including the rest intervals), which amounts to maximum of 48 hours per a week. Anything above this should be treated as overtime and compensated. We do not want the eight hours labour, eight hours recreation and eight hours of rest to be changed.

But most IT companies say they don't cross the 48 working-hour limit in a week?
Ever since the industrial revolution, an eight-hour working day has become a standard policy internationally. All these companies claim to be quite transparent and should not push for more than eight hours of work. Even though on pen and paper most companies claim that they use their employees not more than 48 hours a week (in five days), the fact is that there is a sizeable number of people employed in the IT industry who come to us and complain that they are working more than 12 hours a day. In many cases, they are being asked to work on Saturdays and Sundays with no extra payment.

But there are sectors in which employees are being asked to work for more than 15 hours...
Yes, but these are very critical sectors like heavy engineering, manufacturing and chemical industry. But in those industries, if the employees are being asked to work for 16 hours, they work for three days a week while the remaining four days are spent in rest. If the IT industry is officially working for five days a week, it's because of their clients' requirement, and it is because their clients don't work on Saturdays and Sundays.

What needs to be done to avert such a situation?
I think an industry body like Nasscom should step in to set a guideline for companies for fixing their duty (working hours). The government and especially the labour department should periodically visit the campuses of IT companies to check first-hand whether the companies are abiding by the Factories Act or not. They should ensure that all IT companies put a display on the office notice board specifying the duty hours of each employee, which is certified by the labour department.