Information Technology/Infosys' Employment Contract
FOLLOWING worries raised by a group of IT sector employees and a complaint filed by a Pune-based association over a clause in the employment contract of Infosys, the office of Chief Labour Commissioner, Ministry of Labour and Employment, has issued a notice to the tech services major for a joint debate regarding the so-called "non-compete agreement". However, the company was not present for the initial discussion.
Fighting excessive attrition levels, India's second-largest exporter of IT services, Infosys, has been accused of unethical methods against its employees by using a non-compete clause to halt their migration to competing organisations. This has come out after Nascent Information Technology Employees Senate (NITES), a Pune-based association of IT and BPO sector employees, filed a complaint with the Labour Ministry on April 18.
The complaint stated that the Bengaluru-based IT major was involved in "illegal" customs by using a clause in the employee agreement which would prevent them from shifting to rival entities. The President of NITES, Harpreet Saluja, justified that courts in India have already pronounced that the right to livelihood must succeed over the benefits of employers, irrespective of the existing contract between employer and employee, and therefore was not enforceable by law.
On April 22, the labour ministry issued a notice to the Infosys Head of Human Resources, Krish Shankar. The notice mentioned that a meeting would be held in Delhi on April 28 and authorised representatives from the labour ministry, Infosys and NITES would be present to discuss the matter. However, Saluja, who was a part of the meeting, confirmed that Infosys was not present for the hearing even after the ministry gave them the option to join the meeting virtually. He also said that the next round of discussion would happen on May 16 in Delhi.
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