Sunday, December 14, 2014

IT Employees:Basic Understanding Of Labour Law!

   IT Sector around 8-9% contribution to Indian GDP and holding around 2 million young minds,a stabilizing industry. In Stabilizing phase,Corporate always take decision to lay off employees and implement anti-labour policy for profit maximization. During 2008 recession, more than thousand technocrats committed suicide according to national crime record. 1 in every 20 IT professionals contemplates suicide. Over 30% of IT Professions addicted to Narcotic drugs. Too avoid such situation in lay off phase, Employee should know basic knowledge in protective labour laws.It's always better to fight back for your right's  rather than losing life.

Is Service Bond Valid?

   According to Indian Law, Service Bond is illegal. Bonded labour not only illegal but punishable by Indian law. Indian court even ruled out orders that service bond illegal and against fundamental rights. No Company can threaten a employee with service bond for ransom or work. A service bond  can hold legal only under the condition if employer trainees a employee in grooving and enhancement. Grooving in the sense not training a employee in java,c,c++,testing etc.Even under such condition contract becomes invalid if contract is one sided. The basic law hold against service bond or bonded labour:

Article 23-Indian Constitution-Fundamental Rights-Right against exploitation-Which prohibits all form of forced labour,human traffic and child labour.
Section 27,Indian Contract Act,1872-Agreement in restraint of trade void. - Every agreement
by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.
Section 383-389 of Indian Penal Code-(Deal with Extortion)-  if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.The minimum punishment under this act is 2 two years.

Is Trade Union Illegal?

   According to Indian Law,Trade Union activity legal. All Corporate company established in India under Indian Companies Act,2013(Previously Indian Company Act,1956). Corporate were never exempted from any labour law of the land. Except in SEZ, all other locations employee of organization can organize as a union. No HR or Project head can stop a employee from organizing as a union. Company can't act against trade union formation its criminal procedure for fundamental right's violation.The basic law for trade union formation,regulation and monitoring is:

The Trade Union Act,1926-It enables registration of a trade union of a organization with government. The Registered trade union with more than 30% of employee support act as a recognized official trade union of the organization. Trade Union is a collective force of employee to voice for salary bargaining, lay off, Working hours,employee concern etc.Registered trade union can call for employees strike.
Article 19(1)(C)-Indian Constitution- Fundamental Right to form association or union.

Is Sexual Harassment Legal in Corporate Culture?

  The most cornered section in IT sector would be lady associates working among majority male associates. Sexual Harassment may look like culture in corporate but criminal offence on Indian law. The problem in Sexual Harassment cases many female associates never know they were harassed. The law protect women at workplace is:

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013-It provides protection for the women employees at work place. A un-welcome physical conduct,demand sexual favor,showing pornography, sexual verbal or non verbal behavior & sexually colored remarks would be considered as sexual harassment. A employer with more than 10 women employee should have a internal compliant committee. Members of the committee should be a senior women employee in same organization(Presiding officer), two women right's employee in organization,one ngo/association for women's right.Half the committee should be filled with women.
Sexual Harassment cases should be addressed by this committee not by HR's. The Internal Compliant committee maintain secrecy of compliant details and order for IPC case against the harasser. The Employer violating the law and no internal compliant committee would be fined.

Note:-Every female associate have right to know your internal compliant committee in your organization.

Is Lay Off(Hire-Fire Concept) Legal in India?

  Indian corporate companies comes under Indian companies act,2013. So layoff process can't take place without government approval. There is a loop hole in layoff process which most of corporate use to skip government monitoring or approval. Most companies under layoff process ask employee to resign rather termination from organization. Only if company terminates a huge employee bunch would be considered as a layoff process by law. The law protects employee from corporate lay off process is:


Industrial Disputes Act, 1947- A company with more than 300 employees need to get prior approval from government for layoff process or retrenchment.50% of the basic and dearness allowance should be paid for period of layoff. A registered trade union can act on the part of employee negotiation with employer.

Note:-Never resign your job forced by a employer,ask them to terminate you. It gives chance for legal proceeding.

Day To Day Legal Law: 

  The various act governs your day to day activity in organization based on Indian labour laws. The labour laws are:

The Factories Act,1948/Shops And Establishment Act,1953- Its act for safety,health and welfare of the workers.

Working Hour- Employee cant work more than 9 hours a day or 48 hours a week. 30 minutes interval after 5 hours of work. Inclusive of interval/breaks work time can't go excess of 10.5 hours(Including overtime).
Overtime Wages-Employee works more than 9 hours/day or 48 hours/week then double wages need to be paid.
Leave- Every 20 calender days a day leave must be granted.

Maternity Benefit Act,1961- It enable payed leave for women during pregnancy,delivery and post-child birth.

Other Acts:

The Minimum Wages Act, 1948,The Payment of Gratuity Act, 1972 ,The Payment of Wages Act, 1936  

Process to Fight Back:

        The violation of any labour right's employee have all right's to move out of companies administrative/management for external labour organization. The various forum to complaint about any labour law violations are:


  • Labour Commissioner
  • Labour Court
  • Labour Tribunal

   Reading this article is not matter but voice out against labour violation.HR are not your ultimate boss and your company policy not law of land. All Court will dismiss your company policy placed in court.

Source: Labour Ministry, ILO,National Crime Record,Nasscom,Indian Constitution, Indian Penal Code. 

Sunday, August 3, 2014

A Critique on Indian Feminist Movement-Part 1

       
Indians tend to project their historic past and always fail to work towards correcting those mistakes. It’s not a mistake of an Indian; it’s the politics that plays a major role in this. In India, the feminist problem is a thousand year old historic blunder that arose in the name of religion, caste, race, sex, etc., but in actual it’s all built on economic structure. Feminine issue in India was due to strong internal contradiction within the society and culture. Without the proper knowledge of historic blunders, the Indian Feminist Movement is just trying to get rid of external problems. Clarity in history is must for any movement against the male chauvinist atrocities towards women.

Feminist movement is ready to speak of sex discrimination, but not ready to demolish economic fundamentals, religious rituals & caste system. If the economic structure in the society changes, then definitely the value system of the society also changes. In Capitalist Structure, production increased due to market economy, surplus production and consumerism forced women to step out of the house to industry. The excess requirement of human labour destroyed the old value system against women and built a new value system. The change of economic structure from capitalism to socialism makes value system move towards equality. The Capitalist structure liberated value system on women in Indian society, but typically women’s were used for branding. The erotic male dominated society used women for marketing their products. Starting from brush to books, everything showcased women with minimal dress. Do we question why? The answer is simple; it just gives the “Excellent Profit”. Economic is the fundamental structure, and religion, caste, sexual inequality is just built over it.

The majority species religion in India is 'Hinduism'. Hinduism is a religion that survives on its caste system, rituals and Vedas. It’s a unique religion that accepts every change in the world, but never allows its base caste to change. The reason for such ultra-contradiction in Hinduism is because it survives on caste system, not on its spiritual God or Goddess. Religion and caste system are interlinked to one another, you cannot run a movement by neglecting either of these two. Hindu religion says women’s are sinful (The word used is “Theetu”, there is no exact meaning for it, but something closer to it in English is unholy, unclean, contaminated or segregated). It is not ready to accept the women problem as natural.   Hinduism is not an exceptional religion like rest of others that treats women as sub-ordinate creatures. Temple portraits women as body and Veda speak how to enjoy & purity of women. Religion still remains holy, so feminists are not ready to talk about it. 
                

".......a world of voluptuousness and of a world of woes, is anticipated in the ancient traditions of the religion of Hindostan(India). That religion is at once a religion of sensualist exuberance, and a religion of self-torturing asceticism; a religion of the Lingam and of the juggernaut; the religion of the Monk, and of the Bayadere" -Karl Marx,1858.


Caste is the most dangerous system. Its main objective is to keep purity of the clan (Same Caste Marriage), and have passion or keenness towards its traditional cultural. Caste may look like male hood, but it is actually implemented on women.  Outcome of two objectives is same to keep the women under the control of men. Purity of Clan never imposed on men, but when a woman breaks it, Caste plays an ugly role to diversify it. Traditional culture is only for women not for men. Majority of rape take place against the Dalit women and Children. Feminist in India failed to identify this issue as a complete women issue, and thus helped in imposing male chauvinist society.

In today’s world, the toothpaste, soap, body sprays, deodorants, books, newspapers, etc. everything expose women in minimal dress to exploit men’s sexual feeling. The World is transformed from a nudity tribal society to a sex trafficking capitalist society. Feminist fails to realize that capitalist society fabricate most values in the society. Why does a boy of age 6 see a porn movie? A feminist will say, the family has brought up the boy wrongly, but truth is the porn industry is a 400 billion dollar empire. They attract and target people of young age to make huge profit. Children and young people become easy victim as our society never feed right sex education to children. There are millions of question that needs to be understood historically and scientifically. Until Feminist put their approach scientifically, they won’t solve the issue of rape, molestation, eve teasing, sex trafficking etc. They can only play a role of activist rather than a role of reformist or revolutionary.

Inside every feminist there is a typical characteristic of male chauvinist. The writing & speeches of such feminist was infiltrated with full of male chauvinist attitude, I don't blame them for the fault because their speech & writing is just a reflection of external world influence. External world is totally governed by male dominated society, so it’s natural that such thought process is imprinted in genes. For example, in some feminist speech and writing you can find words like women should be given equal rights like men, it may look simple statement, but it clearly says that men is a scaling scale and women needs to be given equality in that. In Soviet Russia, Stalin sent a draft of new constitution to all factories and soviets for discussion. New constitution stated that women will be given equal rights to men, suddenly one women stood up and raised her voice saying  “Men can never be scaling for women”, so change it as men and women are equal. Too Speak more scientific even female DNA also is imprinted with male chauvinist attitude and character. 

("Suggestion To Indian Feminist Movement" to be continued in next article)

Source:-Bharani's thought 

Friday, April 18, 2014

"Think Before You Vote"

"Think Before You Vote" is a article to purely understand what has happened to India in last 23 years of Liberalism policy. Take some time to know that problem is not with political parties, but with  Economic policy. In 23 years of Liberalism, Congress ruled over 15 years and BJP ruled over 6 years, but nothing changed in India because both follow same economic policy. So these two parties can never ever be alternative to each other. The real alternative government is the one that puts the real alternative policy. Here are some facts that we put forward to claim our stand.
  • 1 in 3 graduates between 15-29 years are unemployed.
  • India still allows use of Endosulfan. It is barbaric.
  • 15 million rural cultivators in India have quit farming between 1991-2011
  • Worst five states in terms of violent incidents per million population during 2005-2013: MP (14), Karnataka (10), Maharashtra (9), Gujarat (8) and Kerala (7). (Parliament Questions)
  • X-ray technicians are short by 85 percent and laboratory technicians are short by 80 percent in the government run system.
  • Only 44% children are covered by the national immunization programmes in India.
  • Pneumonia and diarrhea claimed lives of 1.7 million under-five children in 2012 alone.
  • There is a shortfall of about 25% for pharmacists, and 16% for staff nurses. (RHS)
  • Just 20% of the needed pediatricians and only about 26% of the surgeons, obstetricians and gynecologists, are in place in the government-  run Community Health Centres (CHC), each serving a population of 1.2 lakh. (RHS)
  • Doctors are short of the target needed by 76 percent, nurses are running short by 53 percent in government run hospitals. (RHS)
  • Each year there are 2 million NEW cases of TB and half a million deaths - 1 person every minute. (WHO)
  • India accounts for a quarter of all child deaths in the world. 309,000 babies die within the first 24 hours of being born in India every year. (WHO)
  • India accounts for a quarter of all child deaths in the world.
  • 309,000 babies die within the first 24 hours of being born in India every year. (WHO)
  • Out-of-pocket spending in India was about 75%, putting it in the bracket of extremely poor countries like Congo, Chad, Burundi, Guinea, etc.OOP spending is just 13% in US, 12% in UK and 33% in Brazil. (ILO)
  • About 47% and 31% of hospital admissions in rural and urban India, respectively, were financed by loans and sale of assets. (Planning Commission)
  • Only 3% of the people in working age have any kind of technical training. (NSSO)
  • The allopathic doctor-population ratio is 1:1722, but it plummets to 1:16000 in rural areas where over 70% of the country’s population resides. (Planning Commission)
  • About 28% of ailments in rural areas and 20% in urban areas remain untreated, as people cannot afford healthcare expense.  (Planning Commission)
  • India has the highest number of maternal deaths in the world. About 56,000 women each year are lost in childbirth (one every 8 minutes).
  • India accounts for 19% of maternal deaths around the world, 70% of which can be prevented. (WHO)
  • An estimated 60% of cultivated land suffers from soil erosion, water logging, and salinity, and an estimated 5-10 billion tons of topsoil are lost annually from soil erosion. (MoEF)
  • More than half of 130 Indian cities being monitored for air pollution are at critically polluted levels. Small towns are also emerging as pollution hotspots. (MoEF)
  • The percentage of young people aged 18-23 who enroll for higher education is just 15%. (MHRD)
  • India has the highest population of illiterate adults in the world - about 257 million people above 15 years. (MHRD)
  • 36 per cent of women and 34 per cent of men are undernourished.
  • About half (48 per cent) of children under the age of 5 are under nourished and malnourished.
  • 29 per cent of children drop out between class I and V and 46 per cent between class I and VIII.
  • 80 per cent rural and 64 per cent of all urban households consume less than the recommended calorie norm.
  • Eighty per cent of out-patients and sixty per cent of in-patients have to resort to private medical services as India has one of the most privatized systems of healthcare in the world. Eight crore people are pushed below the poverty line every year because of the exorbitant costs of private healthcare.
  • The share of wages in net value added in the organized industrial sector is one of the lowest in the world. It was 30.36 per cent in 1981 and this came down to 10.6 per cent in 2007-08.
  • The number of women workers have come down by nearly two crore during the period 2004-05 to 2011-12, as they cannot find work.
  • Between 1996 and 2012, rural India witnessed the appalling phenomenon of more than 2.90 lakh farmers suicides.
  • Reversal of land reform laws and forcible acquisition of agricultural land has driven away many farmers from agriculture. Fifteen million cultivators have quit the occupation since 1991 upto 2011.
  • Between 2005 and 2010, the rate of employment growth has been less than 1 per cent annually. Whatever jobs have been created are the low paid, contractual and without social security. Of the 15-29 age group of young people who number 330 million (33 crore) the unemployment rate is 13.3 per cent.
  • From 13 billionaires (with net assets of Rs. 5,000 crore and above) in 2003, by 2012 there were 122 such billionaires.
  • Between 2009 and 2013 a massive Rs. 21 lakh crores of central government tax revenues were given away as taxes forgone or in tax concessions.
  • The government has resorted to massive disinvestment selling more than Rs. 91,000 crores worth of shares of public sector units between 2009 and 2013.
  • Subsidies on food and fuel were cut by Rs. 78,000 crore in the last three years.
  • India ranks 94th out of 199 countries in the Global Hunger Index.
  • CAG has estimated that the 2G telecom has cost the exchequer Rs. 1.76 lakh crore while the coal scam around Rs. 1.86 lakh crore. The KG basin gas deal and the earlier concessions to Reliance for increased gas price had led to a loss of around Rs. 100,000 crore to the government. The current revision proposed by the government, is twice this amount. The Commonwealth Games scam was worth around Rs. 60,000 crore.
  • Contrary to the claim that privatization and free market reduce corruption, evidence shows that the “black economy” and the propagation of corruption has expanded under such policies, and is now almost 50 per cent of the GDP of the country. (Global Financial Integrity, 2010)
  • The total accumulated capital and assets held by Indians abroad is estimated to be in the range of half a trillion dollars (Rs. 25 lakh crore) to 1.4 trillion dollars (Rs. 70 lakh crores).
  • In the year 2013, 828 communal incidents took place all over the country in which 133 people died and 2269 were injured.
  • No middle class in India. As international norms,a person who earns more than $10/Rs 600 a day was classified as middle class but in India such people come under top 5-6% of the population.(World Bank)
     Its time to find real alternative for both Congress and BJP. This fact includes so called Gujarat model. Modi can only add some more facts to this list, and strengthen this list with rich get richer, poor getting poorer. Congress from the times of Nehru is shouting we are for poor, but their history proves that they are ONLY for Corporates and Richie. BJP is no alternative for Congress, but they have combo pack with violent face of Hindutuva. In 67 years of Independence both the parties never put forth a policy for social justice and social disparities.  Take some time to read manifesto of parties who provided alternative policy. If you feel right,  Vote for them.

Key Alternative Policy:

(i) Defence of secularism and national unity
(ii) For a democratic transformation of agrarian relations and land reforms; ensuring remunerative prices for farmers;
(iii) For a self-reliant economic system and path of development which will develop the productive forces, maximise employment and reduce economic and social disparities;
(iv) For a democratic and federal political system with necessary Constitutional changes;
(v) Defence of the rights of the working people, their minimum livelihood and social security; (vi) planned development and balanced growth;
(vii)Social justice, end to caste discrimination and protection of rights of women, dalits, minorities and tribal people;
(viii)Firm measures to curb corruption; judicial and electoral reforms; (ix) adopt non-aligned, independent foreign policy.


Source: WHO,MHRD,RHS,PMO,UN,Government of INDIA,World Bank,CPI(M) Manifesto,Bharani's Thoughts. 

Saturday, March 8, 2014

International Women's Day: Lost Significance and Lost History!!!

                       "Women"- a complete symbol of social oppression by caste, religion, capitalist exploiters and male chauvinism from thousands of years. Every year women celebrate International Women's day on March 8 as a symbol of joy and fun. The first "International Women's Day" was held on March 8, 1914. As the years passed, women's were blacked out from knowing the true history and sacrifice of thousands of women's for liberation and to celebrate first international women's day. Actually, it's the day for working women to come together and raise their voice for women's rights. Its been more than 90 years now since first International Women's day was celebrated. Today, women's day has lost its political and social importance. To know the value of women's day, its necessary to know the complete history and the reason for celebrating International Women's Day. 

History

        
The International Women’s day started in the early 20th century in America under the leadership of Women Socialist to fight for political rights of women. On February 28 1909, the Socialist Party of America declared the first National Women’s Day (NWD), and organized mass demonstration and meeting across America. For this reason, the credit for organizing first women’s day goes to all American working women and socialists.
German socialist lusie

Communist calara zektin

   
 
In 1910, a second International Conference was held in Copenhagen, Denmark, where all Socialist Organizations met together. The conference included 100 delegates from 17 countries, German socialist Luise Zietz and Clara Zetkin proposed the establishment of an annual International Women’s Day, but the date for celebration was not finalized. The conference decided that every year all countries should celebrate International Women’s Day on the same day with the slogan “The vote for women will unite our strength in the struggle for socialism”. 

       
On March 19, 1911, International Women’s day was started in Austria, Germany, Denmark and Switzerland. Millions of women’s gathered and took part in demonstration against women oppression in work place. In Vienna, women’s carried the banners and paraded honouring the martyrs of “Paris Commune” (1871).  

        
On March 19, 1911, International Women’s day was started in Austria, Germany, Denmark and Switzerland. Millions of women’s gathered and took part in demonstration against women oppression in work place. In Vienna, women’s carried the banners and paraded honouring the martyrs of “Paris Commune” (1871).  

        
After victory of Russian revolution and formation of Soviet Union, Lenin proclaimed March 8th as International Women's day and official holiday across Soviet Union for service women to uplift the society. Till this day, women’s day is the official national holiday across communist and socialist countries. For a long time western countries did not accept March 8th as Women’s Day due to its symbol of working women’s revolution. Later, UN officially proclaimed March 8th as International Women’s Day in 1977.

Important Fact: The February Revolution took place in February 23 (Sunday), 1917 based on the Julian Calendar, which was then used in Russia, but after the soviet union formation, the calendar changed to Gregorian calendar in which it is March 8th. During those days, capitalist would employ more women’s for cheap labour, and restrict them even from the right to vote. This ultimately led to working women’s organization.

Is women's day needed?
          Women's day is most important day when it's political and social importance is felt. It gives a sense of courage for women to come together, demonstrate, agitate and fight for liberation. It puts great question in our mind do we need women's day in today's formate?

Dilution of importance
          Since first celebration of women's day too till this day, world ruling class, capitalist and chauvinist want the significance of the day both politically and socially to be diluted. They never want women to get united with class and oppression consciousness. Over a century they took lots of steps to dilute its importance. Here are few valid point to prove my claims:
  • Most of the American and European countries speaks a lot that most democratic countries in the world, yet they never ready to accept international women's day till UN officially announced. Even today its low affair in western countries.
  • America came forward to accept the International women's day officially only by 1994.
  • Capitalist never want working class women to unit because it may lead to fight against exploitation. Most capitalist even today employ more women with cheap labour cost.
  • Even today many corporates never came forward to form a sexual harassment board in work place.
  • Women's day today has become a product of consumerization and merchandise. It purposefully diluted the sacrifice and importance of women's day. Even google doodle communicated its International Women's Day a day before official day.
  • Fascist, racist and male chauvinist mostly spread a wrong notation about women's day. They played important role in diluting women's right.
  • Today's world's largest media houses portray women as sexual object and even attained a huge success were women itself started too feel sexual object.

Roadmap for future women's day
          Year 2017 is going to be the 100th year of International Women's Day. Over a century the day as played an important role in many ways like right to vote, workplace rights, etc. Still a long march left out for liberation from male chauvinism and class exploitation. Marx use to specify that working women's were both exploited by capitalist and male. They have to fight against both to liberate themselves. Women's have lot to fight for equal wages with men, harassment board, working women's union, reservation in all places, fight against rape, sexual trading, etc. To speak of it first we need too know political and social significance of the day. Let this women's day may put an end to pinky pinky consumeration and unite hand in hand with millions of women's across the globe.


            Happy Women's Day! Long Live Women's Revolution! Long Live Communism!
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