Union moves Supreme Court to challenge lay-offs in IT sector

The public interest petition (PIL) by NITES points to the advisory issued by the central government at the beginning of the lockdown, urging companies not to retrench or implement salary cuts during this period

By: Express News Service | Pune | Published: April 26, 2020 4:58:52 am
coronavirus, india lockdown, it employess pune, it employess lay off in pune, National Information Technology Employees Sena, nites, supreme court, indian express news The PIL has also urged the court to issue directions to companies to stop lay-offs which would lead to mass unemployment in the sector. (File)

The National Information Technology Employees Sena (NITES) — an organisation working for IT employees — has moved the Supreme Court to stop the retrenchment of workers in the field. General secretary of NITES Harpreet Saluja and advocate Rajesh Inamdar have moved the petition, which seeks action against companies which lay off people during the lockdown.

Since the start of the lockdown, small and medium-level IT companies have started laying off people as offshore projects have dried up due to the global coronavirus pandemic. Some companies have also taken to deducting leaves of companies during the lockdown period while some new joinees have complained of being coerced into applying for leaves, although this would lead to salary deduction.

Saluja said the NITES has raised multiple complaints against companies which are indulging in such practices with the office of the labour commissioner. The public interest petition (PIL) by NITES points to the advisory issued by the central government at the beginning of the lockdown, urging companies not to retrench or implement salary cuts during this period. Being an advisory, it is not binding on companies to follow. The petitioners have urged the apex court to issue suitable directions to companies in both private and public sector so that the rights of the employees are protected.

“We have also prayed that action be initiated against all companies, which have resorted to lay-offs or reduced salaries of their staff during the period, under the Disaster Management Act, 2005,” said Saluja.

The PIL has also urged the court to issue directions to companies to stop lay-offs which would lead to mass unemployment in the sector. The petitioners have urged that the companies be asked to pay subsistence salaries to their employees, but not resort to lay-offs.

“Also, employees who have lost their jobs due to closure of their companies should be given financial assistance,” said Saluja.