Dear Sudhir:

I am not too conversant with the legalese of contract employment, but it
is certainly becoming the trend. Why IT, even the media industry is fast
adapting these practices. And, several journalists (both in print and
broadcast), who are able bodied, prefer contract not only because they
are paid higher, but also because it is much easier to leave when they
no longer inclined to work. 

As far as my knowledge goes, contract employment isn't exclusively
offered to the blind or disabled. On the contrary, even the so-called
able-bodied persons have to accede to demands of employers that they
will be taken as contract employees. Also, contracts in the traditional
sense is different from what we are referring here as contracts. Why
contracts, I know IT employees (who are able-bodied) who are asked to
sign a bond that stops them from leaving the company for two or three
years. In my opinion, that is more discriminatory than contracts. 

Let's not forget that we live in a knowledge economy, where
opportunities are increasing with corresponding risks. So, in this
environment, how far we can expect traditional employment terms to be
applied remains a doubt. Perhaps, Rajesh or Kanchan can answer this from
a legal perspective.

Subramani 



-----Original Message-----
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[mailto:[EMAIL PROTECTED] On Behalf Of Sudhir R
(NeSTIT)
Sent: Tuesday, June 26, 2007 9:13 AM
To: [email protected]
Subject: [AI] IT sector employment - stark realities...

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Dear friends,

We have all been enthused in recent months by the continuous stream of
'heart-warming' news reports from the booming IT and ITES sectors of
India opening their doors to the visually challenged.  But, closer
observation of the facts on the ground reveal certain trends that are
disquieting and disillusioning and though not politically correct, I
thought I must bring these to the kind attention of Access Indians.

a) It seems many of those who have been recruited have been taken in as
contract employees and remain so for years together.  The professed
excuse bandied by the companies is that they want to keep the actual
employee count low.  This excuse would have held water had not the
companies gladly confirmed the non-disabled staff members who were
recruited along with or much later than their disabled counterparts.  I
can understand a company extending an employee's probation if he does
not measure up, but, extending contracts umpteen number of times seem to
take on sinister tones.

b) Simultaneously, I think these unfortunate disabled candidates also
suffer  discriminatory treatment vis-a-vis their non-disabled peers in
terms of compensation and benefit, seniority etc due to the long years
they spend as contract employees.

c)  It may be fashionable to  explain this phenomenon as a modern trend
in employment thanks to globalisation, but, when it applies only to one
segment of (disadvantaged) employees, I prefer to call it high-handed
discrimination.  India does not have a social security mechanism in
place and the best bet for any disabled resource is still the security
of a regular job.  Unfortunately, the current practice seems to be
denying this precise safety net to the disabled.

I am not sure how many of Access Indians working in the IT / ITES sector
are currently suffering this discrimination silently, hoping to be
confirmed in the years to come.  But, anecdotal evidence has shown me
that many of the so-called 'equal opportunity employers' who hog media
limelight with their 'diversity enrichment' programmes are major
culprits of this shameful practice.  May be, a few of the silent
sufferers should speak out for the sake of other starry-eyed youngsters
who have been building castles in thin air after reading all these media
reports.

Simultaneously, can legal eagles like Kanchan and Rajesh educate us
about the current Indian laws applicable to the rights of contract
employees ?  I am sure it is mandatory for a company to confirm an
employee after a particular period of being a contract employee.  How
does one go about enforcing such laws and how risky would such a
procedure be ?

And, Subramony, can you smell a journalistic scoop in this issue ?
 

I have been an avid votary of the IT and ITES sector as  possible
sources of fullfilling and well-paying careers for the visually
challenged and have even been discouraging the local youngsters from
looking at the unglamourous Government sector, but, I should admit this
revelation has forced me to revise my recommendations.  In fact, I have
started wondering whether this phenomenon is restricted merely to the IT
/ ITES sector or a characteristic of the entire private sector.  I know
of at least one case in Kerala where a manufacturing company has been
employing a visually challenged youngster for almost 9 years as a
contract employee at half the salary he would have been entitled for in
regular service.

Please share your individual views, suggestions and experiences in this
matter.  Skeletons have remained in the corporate cupboards for too
long, methinks...

Regards

R Sudhir
M: 098 472 76 126 
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