“NO” to Extending Working Hours for Women IT Employees
- Suresh Kodoor
A recent conference in Bangalore, attended by the senior HR professionals of the IT and ITeS companies, has raised a new demand to the government for granting yet another exemption for the industry. This time the IT/ITeS Companies wants the Karnataka Government to extend the working hours limit from 8pm to 10pm for the Women employees in the IT/ITeS industry. The new demand raises several questions, not only regarding the security for the women IT/ITeS employees, but also about the very motive behind such a demand.
The Shops and Establishment Act in Karnataka originally prohibited employing women workers after 8pm. However, in the year 2002 this act was amended to enable women employees to work in BPO industry, where night shifts are common. The amendment allows the companies to have female workers work past 8pm, provided the companies adequately take care of their security and maintain safe work environment for them. Thus, the employers were mandated by the rule to provide transportation and other security measures for women employees who work past 8pm.
Currently, about one third of the total employees in the Call Center / BPO sector is women. Though many of the Call Centers provide transportation, safety of the women employees still remain a major challenge. Moreover, though pick up and drop facility is provided by majority of the companies in the ITeS sector, the case is different with the IT companies. Though some of the IT companies do comply with the practice of providing transportation back home for women employees working past 8 or 8.30 pm, majority of them do not. Some companies may allow reimbursement of transport expenses if the employee avail cab on their own, which still doesn’t address the issue of security concerns for the women. With this new demand for extending the working hours, the companies are trying to wash their hands off even this basic responsibility.
As per the 2002 amendment in the act, companies even today can let women employees work after 8pm. i.e. there is no legal hindrance for employing women past 8pm, provided the companies are willing to provide necessary security measures, including safe transportation. So, the demand from the companies is not for enabling them to employ women employees in the extended shifts, but more for the legal permission to allow them to do so while at the same time not mandating them to provide transport and other security measure! This unfair demand by the industry should be strongly opposed. Currently there are large numbers of employees in various IT companies who work in the UK shift timings. The UK shift end at around 9.30pm. Thus, the real motivation behind such a demand is to be freed from the responsibility of providing transport to these employees, which will save the companies a lot of money.
Various unfortunate and gruesome criminal incidents of attacks on women BPO employees in the metro cities like Bangalore and Delhi should not be easily forgotten. Several other petty crimes and attacks against women are reported all over the country. With the security concerns ever increasing, particularly for women traveling in the late hours, the safety of the women employees must be the paramount concern for everyone. Unfortunately, the IT companies, in their quest to save money and farther profit at any cost and by any means, are trying to conveniently absolve themselves of this prime responsibility.
Madras High Court, in a year-2000 verdict declaring that the provision in the Factories Act that prohibits employment of women in the nightshift as unconstitutional, has also laid down several guidelines for the employers to follow, if they want to employ women in the night shifts. IT and ITeS companies also should be brought under the scope of such guidelines and best practices.
Apart from the security concerns, extending the working hours also raises the larger question of well being of the IT workers. IT industry is notorious for not allowing any labour laws or guidelines to enter into its realm of affairs. Concepts like 8 hours working are very alien to the industry. Employees, including women, are subjected to 12-14 hours working daily and still many times have to extend the day’s work by logging in from home at the wee hours in the night. The new demand will only empower the IT companies with one more rule which may be leveraged to put pressure on employees to stay late and work for more hours! For the interest and the overall well-being of the IT industry, this should not be allowed to happen.
Suresh Kodoor
Email: sureshkodoor@gmail.com
