Sunday, November 15, 2009

Article 23: Right against Exploitation

FUNDAMENTAL RIGHTS as per Indian Constitution
Article 23: Right against Exploitation
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Source: http://www.youthportal.gov.in/rightsandresponsibilities.htm

(To the folks who does not know what are fundamental rights:- The fundamental rights are framed by our leaders during post independence to make sure, every one is treated equally, in an environment of freedom, without giving chance to loose our freedom again; you can find more in Google)

Point 1:
When an organization feels that, its business outlook is not good, they fire the employees with few (like 2 or 3) months salary. They have all the evil reasons to fire an employee only at the time of recession. When we look at the same issue, with small companies; they fire even a good employee to save their margins. The company creates unemployment.
I personally like the HCL director’s statement “When we want to fire an employee during the time of recession, the CEO, CFO should be fired first” (this is my understanding of his statement).
Who is responsible, is the organization responsible for this?
Or the Govt. which shows great love to the GDP producing companies at the cost of Human Values. Companies should have comprehensive polices like, the one which is offered By Mahindra Satyam (It is almost 9 months soft plan to terminate an employee)

Point 2:
How many companies are paying equal for the equal work?
At the time of recruitment itself they pay low for a student from a local college and high for a student from a reputed college for the same work
Even when they recruit laterals they pay based on the employee demand and the current market. To my understanding and visibility there is no concept of equal pay for equal work in Indian Private Organizations. Recently corporate companies started recruiting BSC Graduates for very less pays than the industry average, I heard from many of my friends that even they participate in all activities that a BE graduate do.

Point 3:
This is a major concern, and one of main reasons for me to state “Independence is going back”.
When a employee work, 9 hours he will be paid some X amount,
When employee works 9 + N hours, he will be paid the same X ????
Is this not Exploitation?
Is this not against Indian Constitution article 23?
I understand that, there are no systems which can exactly track the working hours of an employee. But cannot we develop it. Yes!!! We can develop it.
But why the organizations are not doing? It will eat the organizations overall profit, so that margins will be low Stakeholders will not be satisfied if the company has fewer margins?
Are the employees not stakeholders? As per the meaning, employees are stakeholders, but they are not satisfied as the other stakeholders are satisfied (like client, share holders)

Point 4:
Where are the unions in private organizations? The Company heads are the UNIONS.
What ever they say, that is final, if they make a policy that is final, they professionally say, they consider employee opinion, and they professionally receive the same. And in the same way they ignore it. They can make policies over night for their benefit. They do every thing as per the organization requirement at the cost of employee morale. They create lot of unions, but they work UNDER company HEADS.

The fundamental rights given to the INDIANS by the great leaders, after fighting against slavery are, not being protected by You!!! I understand that the leaders of the country are busy in counting the GDP growth and not considering the Human factors. I understand we as a developing nation, have to strive hard to give the best to all our people, but not at the cost of the people who are working for it. When there were industrial revolutions, people worked even for 16 to 17 hours in many developing countries like Japan. They were motivated by nationalism and pay for the work policies, today they are a developed country.
Finally, it is your responsibility to save your rights, and no one comes to save your rights.

So my dear INDIANS you have a fundamental right to not get exploited,
Just make sure you don’t’ get exploited, just for Baaaad Planning.
Thanks for reading.

My Day Dreams Are:

  • Companies should have comprehensive polices like, the one which is offered By Mahindra Satyam (It is almost 9 months soft plan to terminate an employee)
  • Plan better and Pay for work on hourly basis.
  • Create Diff Job Functions And pay the same to all employess for the same function irrespective of their education background.
  • Create employee UNIONS just with employees and not Company heads.

I Tried keeping the length as low as possible as per the genuine feed back i got from Senthil, And John.

2 comments:

  1. YOGESH... Keep it up. Nice article!!!

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  2. good article. I am the one fighting for protection. Sad part is, thought 8000 + janata getting explouted, all speaks only in cafeteria, people are shit scared to ask in mail, forum or go few step ahead till they get proper answer.
    All they forget is policy are sub set of Law, but unfortunately they treat other way

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