$ 5.7 Million Class Action Settlement for IT Giant Cognizant

Posted on June 10, 2020June 10, 2020 by Team asklabour

Debi Mishra, an Employee of Cognizant working in California had filed a lawsuit on 25th August 2017, Debi Mishra v. Cognizant Technology Solutions U.S. Corporation before the United States District Court Eastern District of California alleging that Cognizant had underpaid its employees against overtime. According to the employees, they were a part of the quality engineering & assurance (QE&A) team. In 2012, the employees of the team received Letters from Cognizant stating that they would…

Bosses Can’t Be Punished For Suicide of Overburdened Juniors

Posted on April 16, 2019April 16, 2019 by Team asklabour

On 10.04.2019, a software engineer working with a multi-national I.T. Company committed suicide. News Reports suggest that deceased was forced to take such a step owing to stress and harassment at work. With the rising amount of stress people face in their daily lives apart from the pressure and stress which is derived from their work, some employees who cannot handle such pressure are vulnerable to committing suicide and some even end up their lives…

EQUAL PAY FOR EQUAL WORK

Posted on November 20, 2018November 20, 2018 by Team asklabour

An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. This was the view laid down by the Supreme Court of India in the matter of State of Punjab and Ors. vs. Jagjit Singh and Ors. The Apex Court observed that India being a Welfare State, it would be nothing but demeaning to deprive any temporary worker here of his/her right to equal pay for…

Improvised Safety & Security Measures of Women Employees

Posted on June 14, 2017 by Team asklabour

In the wake of brutal and inhuman cases like Nirbhaya, Nayana Pujari, to name a few, the first and foremost question that comes to mind is “THE FOOLPROOF SECURITY OF EMPLOYEES, ESPECIALLY WOMEN” A lot has been spoken, discussed and deliberated. But the question is “What really can assure a failsafe security?” The following basic and common sense guidelines could be of much help to the companies regarding the same question. APPOINTING A DEDICATED DIRECTOR:…

Forced Resignations in the I.T. Industry

Posted on June 3, 2017June 3, 2017 by Team asklabour

Forced Resignation – a recent trend A recent developing trend in India involves professionals working in the I.T. Industry, being forced to resign from their respective companies against their wilful consent. This is seen as a part of a drive by companies to chop down the size of their work-force. I.T. Professionals have claimed that such forceful resignation is nothing but a trick to save on the costs of “severance pay”, which every organisation is…

Status of an Employee in the I.T. Industry

Posted on June 3, 2017 by Team asklabour

Introduction For an employee to be regarded as a ‘workman’ under the Industrial Disputes Act, 1946, there are two basic essentials. Firstly, the establishment has to be considered an “industrial establishment” according to the definition of “industrial establishment” and secondly, the employee has to be a “workman” within the definition of a ‘workman’ under sec 2 of the Industrial Disputes Act, 1946. Are IT Companies Industrial Establishments? According to sec 2 (k a) of the…

Note on Aspect of Holiday on Day of Local Body Election

Posted on February 20, 2017February 21, 2018 by Team asklabour

LEGISLATIVE FRAMEWORK: Maharashtra Municipal Corporation Act, 1949: Section 14(4) the State Election Commission is empower to pass such orders as it deems fit, for ensuring free and fair election. Constitution of India: Article 243(ZA) superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in State Election Commission referred to in Article 243-K and the State Govt. will have the power to…

Need for Special LAWS for IT Industry

Posted on February 18, 2017February 18, 2017 by Team asklabour

The IT industry has brought about revolutionary change in the Indian economy. All the state governments in the country welcomed the change. Vast funds have been invested in the IT sector that has created numerous employment opportunities. The IT industry enjoys several concessions in FSI, electricity, taxes etc. but the employee who is the most vital element in the system has remained neglected. The IT industry also introduced several changes in HR policies. The duty…

Who Do We Call “Workmen”? IT Professionals, Teachers, Doctors?

Posted on January 29, 2016August 12, 2016 by Team asklabour

REGULATORY FRAMEWORK: The Industrial Disputes Act, 1947 (hereinafter the ‘Act’) is a beneficial piece of legislation, and hence the definitions of terms therein, including that of the term ‘workman’, are given wide interpretations. An attempt has been made to include a large number of categories of employees in the meaning of the term ‘workman’. The definition of ‘workman’ in the Act is as under: Section 2(s): “workman” means any person (including an apprentice) employed in…

IT Industry And Its Employment Practices

Posted on January 28, 2016July 13, 2021 by Team asklabour

Much has been debated about the legality of Negative Covenants. Even though Section 27 of the Indian Contract Act, 1872, which states that any agreement by which a person restrained from exercising a lawful profession or trade or business of any kind is to that extent void, prohibits an employer from obstructing his employee from joining a competitor, Negative Covenants have become a necessity in light of recent occurrences in the corporate world, especially IT…

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