Kerala's government has confirmed that all IT companies must follow state employment laws, ensuring a 9-hour workday, 12 casual/annual/sick leaves, and safe transportation for women.
Thiruvananthapuram: The government has confirmed that all employment laws in the state apply to every IT company operating within Kerala. This clarification was provided by Minister in response to a submission raised by MLA Adv. V.R. Sunil Kumar in the Legislative Assembly. According to the Kerala Shops and Commercial Establishments Act of 1960, each employee is entitled to a maximum workday of nine hours, including breaks. Including spread overs the maximum work hours are 10 and a half hours, and employees are eligible for 12 casual leaves, 12 annual leaves, and 12 sick leaves per year.
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Details of the government's response
Numerous international companies operate in Kerala's IT sector, primarily focused on outsourcing jobs, often requiring timely completion of projects. The work-from-home model, implemented during the COVID-19 pandemic, continues to be used by many of these companies.
The government reiterated that all IT establishments in the state fall under the purview of relevant employment laws, ensuring that employees receive the protections provided by these laws. The Department of Labour ensures compliance with the provisions of the Kerala Shops and Commercial Establishments Act, which mandates that workers are not to be assigned more than nine hours of work daily. Additionally, employers are required to provide a one-hour break after every four hours of work.
The law also stipulates that women working night shifts must be grouped in teams of at least five, with a minimum of two female employees in each group, for safety reasons. Employers are responsible for providing safe transportation for female employees from their residence to the workplace during night hours.
To enforce labour laws in the state, the Department of Labour has an enforcement division in operation. There have been no complaints regarding excessive work pressure or mental stress from employees in IT companies. In instances where complaints arise, the Department of Labour acts promptly to address the issues.
The state government is committed to fostering a business-friendly environment while ensuring compliance with labour laws in workplaces. To address employment-related issues faced by women, the Department of Labour has established a dedicated helpline called "Sahaja," specifically for female employees. This helpline (1800 425 552 15) allows women to report issues without disclosing their identities.
Given the rising concerns about mental stress and excessive workloads, which have been linked to increasing rates of suicide among workers, it is deemed beneficial to form a specialized committee at the state level to address these issues.
The primary objective of the Department of Factories and Boilers is to ensure the safety, health, and welfare of workers in organized sectors through various regulations, aiming to eliminate workplace accidents and occupational diseases. Current factory laws from 1948 prohibit any worker from being employed for more than eight hours a day or 48 hours a week.
While the government acknowledges that workers in unorganized sectors, including IT, may face excessive workloads and mental stress, no formal complaints have been received from factory workers under the Factories and Boilers Department. However, studies have indicated that when employees are made to work beyond legally permitted hours, it can lead to both mental and physical difficulties, especially among women.
Consequently, such pressures may result in accidents and create conditions that jeopardize workers' safety and lives. Therefore, it is crucial to discuss and decide on forming a specialized committee at the state level to ensure the mental and physical well-being of all workers across both organized and unorganized sectors in the IT industry and beyond.
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