`Union does not mean only strike'

Interview with Shyamal Chakraborty, president, CITU, West Bengal.

THE setting up of the West Bengal Information Technology Services Association (ITSA), the first of its kind in the country, by the Centre of Indian Trade Unions (CITU), the labour wing of the Communist Party of India (Marxist), has not gone down well with the IT sector in the State. Shyamal Chakraborty, former Minister and the president of the West Bengal CITU, who is the Adviser of the ITSA, in this exclusive interview with Frontline dispelled the fears in the industry about strikes and possible disruption of services and termed them the result of baseless rumours. Excerpts:

There has been so much protest against the CITU forming an association in the IT and IT-enabled services (ITES) sector. Why are you so determined to do this?

There is union activity in every industry, even in the defence services, so why not in the IT industry? The million-dollar question is, why are some people coming to us to set up a union in order to protect their interest? IT employers here say that they look after their employees very well and that this sector is not like any other industry. This is partly true and is restricted to a few big employers. There are companies that are blatantly violating all Acts and rules relating to organised workforce. There is a need to differentiate between these companies and the law-abiding ones. This is sometimes not being done even within the Left.

Let us take the case of only software developers. Here 90 per cent of the employees are engineers or highly skilled technicians. They don't fall under the purview of unions. According to the rules in the State, engineers, officers and executives have neither the legal right to form unions nor any scope to ensure eight hours a day of work. It is a fact that IT professionals are paid a decent remuneration and we are not thinking of forming a union only with them. They would not fall under the Industrial Disputes Act. The section that is speaking to the media that they don't need to be unionised is the section that has no scope to do so. There can only be an `association' with them, not a union. As far as associations are concerned, negotiations can be bipartite, while under the Industrial Disputes Act one can move the tribunal and the Labour Department.

This is a new industry and we are just taking baby steps. The total work strength in this industry in the State is around 40,000 and the State is poised for major growth with plenty of investments coming in from big players. In fact, we have reason to believe that in the next two years alone there will be a lot of employment generation. We don't want to create a situation whereby this growth is affected adversely, nor do we want to create uncertainty. Union does not mean only strike.

But it is still the last weapon in the hands of the workers.

But that weapon is not always needed. In West Bengal, every industry has its union, all factories have unions, [but] how many strikes are happening? If we look at the last five years, we'll see strikes only in the jute industry and after a long time - over a decade - in the tea industry.

Mitsubishi set up shop here a few years ago and it has a union, but there has not been any need for a strike. Mitsubishi is, in fact, setting up another plant in the State. I don't think anywhere else in the country they are pumping in as much investment as they are into West Bengal. So, simply the existence of a union does not mean the threat of a strike. There have been so many cases where even placing a charter of demands was not necessary and matters were settled across the table.

This scare of strikes in the IT sector is being spread by those with vested interests - those who do not follow the law. We don't have a problem with BPOs [Business Process Outsourcing companies] and KPOs [Knowledge Process Outsourcing companies] whose employees enjoy the rights guaranteed to them under the law. But there are those employers who break the rules. They don't give appointment letters, provident fund or ESI benefits to employees.

As for working hours, the Shops and Establishments Act has been amended to allow this industry to remain open 24 hours, seven days of the week. But the government had also specified that the weekly workload should be 48 hours. It is highly possible that some workers put in 10 hours on some days, but the weekly average should be 48 hours. If they work beyond this they should be given overtime. Also, women working in night shifts should be given security.

Another new phenomenon in this sector is that a lot of the times it is not the employers who are giving direct employment. A contractor is paid to provide workers and he does the recruitment. There is a law on this: if a contractor secures employment of 10 or more people at one go, he has to have the list of names stamped and approved by the Assistant Labour Commissioner. This is not being done. The stamped list is a safeguard of sorts for the employee. If he is denied his basic rights the government ensures that the principal employer takes the responsibility. Is it unfair of us to ask these people to follow the law?

There is also the unorganised sector in the IT industry. Certain functions are given to different people who are allowed to form their own teams and recruit directly. A huge number of people are working in this manner not just in Kolkata but also in the districts around it. Who will look after their rights?

Many are also indirectly linked with this profession, such as the waiters and cooks in the restaurants of some of the offices. Then there are security guards, sweepers and so on. Who will organise them? It is not that we are going to cause problems. We are expecting a lot of investment in the State and we want peaceful solutions to problems. This fear psychosis is being spread mainly by those who are breaking the law.

What is the scope for the ITSA in its operations?

The association we have formed will consist of sweepers, security guards, BPO and KPO workers, and IT professionals if they want to participate... It is being said that there is no exploitation of IT professionals. We don't agree with that. There cannot be any industry without exploitation. Even a person earning Rs.2 lakh a month is exploited because the surplus value he generates with his work is undoubtedly much higher, but I don't want to get into this discourse. All I want to say is that at present there is no reason for us to raise our voice against such exploitation.

One important function of our organisation will be ensuring the security of employees. It is not possible that a few police postings will take care of that, especially in an area as vast as Sector V [in Salt Lake, the IT hub of the State]. So we intend to organise the drivers there. If they belong to an organisation, they will get some training and have some responsibility. The risk level will be reduced much. We already have six unions and one association affiliated to us, and two more unions will be joining our fold soon.

There is a lot of job satisfaction in IT, and professionals by their own initiative work long and hard. But they also have families, and in many cases, especially in nuclear families where both husband and wife are engaged in this industry, we from the association itself will form a creche with trained nurses and so on and take care of the children so that the parents can work in peace. It will make a very positive difference to their work as well.

What kind of response are you getting?

We are getting very good response, even among professionals. The mindset of the people of West Bengal is a little different. The engineers here might be making a lot of money and furthering their careers, but they also have a concern for common workers. But they are a little reluctant to join the organisation openly. They have apparently been hearing things like `those who join the association will lose their jobs, and it will be ensured that they don't get jobs in IT anywhere'. So they are a little scared.

We have set up a web site and we are communicating through email. If they want to retain anonymity, we allow that too.

But how feasible is that in the long run?

We are doing things step by step. Right now what we need is strength.

What is the strength now?

It is not bad, and it is increasing. But we don't want to disclose anything now. Many little groups have formed, mostly in the unorganised sector of the industry, and they are highly exploited and they are all approaching us.

So the function of the association as of now will be that of a watchdog?

Yes, to some extent. We want to ensure that there is no flouting of rules and regulations and the law. We know those who are doing business here want a peaceful atmosphere and that is what we are also aiming at. We only request those who abide by the rules not to associate themselves with those who do not.

There is a lot of debate on whether IT is an essential service. What is your view?

There is a lot of misconception about essential services - that is, there cannot be any unions or strikes in an essential service. Under the rules, one can form unions in essential services and, if necessary, even call strikes, but no wildcat strike. Forty-two days' notice has to be given.

Another factor is that it is not yet convincing enough that the IT industry and ITES have a place among the essential services in West Bengal. Jute, metal, engineering, and paper industries also fall within the ambit of essential services. So there is no demarcation on the basis of simply being called an essential service.

Will the IT sector be affected by the general strike on December 14?

That is a general strike, not a strike within the sector. As to whether the IT sector will be affected, we will let it be known on December 12.

The State government needs investments in this sector and is quite protective of it. For the CITU to achieve its goals, will it not need the government's cooperation?

Our State government wants industry, the CITU also wants industry. If there is no industry, there are no workers and without workers there is no class struggle. We also represent the people of West Bengal, and with the prospect of lakhs of people getting employment in the near future we will have to protect the interest of the State. There is no clash of interest here. The government is the implementing authority and we are the demanding authority. We bring to notice discrepancies.

The State government has to be a little soft. We don't have to go and bring industries into the State. But the State government has to. And like the State government, we don't want to send the wrong signals to investors.

There is a complete falsehood doing the rounds that the Chief Minister does not want unions in the IT sector. He has never said anything like that. All these so-called differences between the government and the CITU are a creation of a section of the media.