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Investments over welfare? Karnataka’s labour law exemption to IT, ITES firms gets pushback - Karma Global

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  • July 22 16:20:11, 2024
Employment Law and Industry Update

Karnataka’s AIITEU pushes for stronger legal protection against the Government’s exemption to IT and ITeS till 2029

Sweeping technological advancements are creating a sea change in today’s regulatory environment. The pace of innovation and the scope of the transformations it induces is unprecedented, and at times regulatory frameworks are not agile enough to match the speed of change. This blog captures a recent development in Karnataka impacting the IT and ITeS ecosystem and the continuing debate around labour protections, exemptions and workplace rights.

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What the Karnataka notification indicates

Notification dated June 10, 2024
Continuation of earlier exemptions

In a move with significant implications for the IT and IT-enabled services sector and start-ups in Karnataka, the state government has once again exempted certain categories of establishments from the applicability of the Industrial Employment (Standing Orders) Act, 1946. The notification dated June 10, 2024 marks a continuation of earlier exemptions that have been debated in the context of labour laws and employee rights.

Why this is being discussed now

The update comes at a time when the IT sector continues to play a pivotal role in Karnataka’s economy. The employment law discourse around the exemption focuses on the rationale behind the move, the conditions attached and the potential impact on workplace dynamics in technology-led establishments.

What establishments must still comply with

Baseline labour practices referenced

Even with the exemption, companies are still required to follow basic labour practices, including constituting an internal committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, constituting a Grievance Redressal Committee, and intimating information about disciplinary actions such as suspension, discharge, termination, demotion and dismissal to the jurisdictional Deputy Labour Commissioner and Commissioner of Labour in Karnataka, among other requirements.

AIITEU response and industry context

Workforce growth and protections
Union criticism and demand

The AIITEU condemned the move and demanded stronger protections for employees, particularly within start-ups. It also highlighted the scale of the sector in Bengaluru and raised concerns that exemptions from existing laws can contribute to workplace exploitation if not balanced with enforceable protections.

Statements attributed to AIITEU

AIITEU working committee member Suman Das Mahapatra stated that the IT industry value is pegged at around 254 billion dollars, that India has over 60 lakh IT employees, and that approximately 22 lakh tech employees work in Bengaluru. He also indicated that exemptions were initially introduced to encourage investments, and alleged that there is exploitation in the sector due to exemption from existing laws and inadequate legal protection for employees.

Note: The above reflects the narrative and statements as provided for this blog content.

Practical compliance lens for IT and ITeS employers

Governance and documentation

Developments of this nature reinforce a core principle for technology-driven workplaces: exemption from a specific statutory instrument does not eliminate broader compliance expectations. Employers benefit from building documented governance systems that cover workplace policies, committee constitution, grievance handling, disciplinary action reporting, and auditable process trails that demonstrate responsible workforce management.

Proprietary blog note
Proprietary blog of Karma Global, collated and compiled by the internal staff of Karma Global with the knowledge and expertise that they possess, besides adaptation, illustration, derivation, transformation, collection and auto generation for its monthly newsletter Issue 26 of August 2024. In case of specific or general information or compliance updates for that matter, kindly reach out to the Marketing Team.
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Disclaimer: This page is an informational communication intended for awareness and is based on the content provided. For official applicability, refer to the relevant government notifications and competent authority guidance.

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