Govt Orders Capgemini Not To Cancel Leaves During #Lockdown; Notice Issued, Strict Action Can Be Taken

This is indeed a major embarrassment for €18 billion worth French IT behemoth Capgemini.

Labour Commissioner in Maharashtra has issued a strict warning to Capgemini: Immediately stop canceling leaves of employees, stop enforcing leaves else they will face action under National Disaster Act.

What has actually happened?

Labor Commissioner To Capgemini: Stop Canceling Leaves Else Face Action

Assistant Labour Commissioner Sameer Chavan has issued a strict notice to Capgemini, wherein they have been asked to stop canceling leaves of employees during the lockdown phase.

If they fail to do so, then under Section 15 of the Disaster Management Act 2005, Capgemini can face severe action.

Labour Commissioner office has asked NITES, the IT employee union which is fighting this cause to give names of all employees whose salary can be affected due to Capgemini’s enforced leaves policy.

The letter from Sameer Chavan stated: “According to government regulations, the company cannot deny employees their right to salaries and other benefits amid the pandemic.”, adding, “If the company fails to follow the rules, an action will be taken under section 51 of the Disaster Management Act, 2005.”

Additionally, Vikas Panvelkar, deputy labour commissioner said, “We have reached out to the company, stating all the norms that need to be followed during a pandemic and informing that employees’ salaries should not take a hit.”

NITES had earlier requested Pune District Collector Shri Naval Kishore Ram to take action against this practice by Capgemini. Here is the letter:

Why Govt Issued Legal Notice To Capgemini?

As we had reported few days back, IT behemoth Capgemini is attempting to save money, by enforcing leaves on employees, and in some cases, canceling their leaves.

We have received evidence of this ‘tweaked leave policy’:

In fact, some employees working from home are receiving calls 3-4 times a days to apply for their remaining leaves during the lockdown.

After several employees complained to National Information Technology Employees Sena or NITES, they sent a notice to Capgemini against this unethical action, and demanded action from the Govt.

Raghunath Kuchik, Founder President of National Information Technology Employees Sena – NITES said, “Central and State governments are trying to protect the employment and wages and salaries of the employees CAPGEMINI TECHNOLOGY SERVICES INDIA LTD and its management are in complete defiance of the mandatory legal provisions & have acted illegally by enforcing such leave policy to deduct wages by forcing employees to apply Leave without payment.”

Letters and messages were shared with Chief Minister Uddhav Thackeray, Labour Minister and Labour Commissioner.

Vivek Mestri, Vice President of National Information Technology Employees Sena said, “We also request you to direct CAPGEMINI TECHNOLOGY SERVICES INDIA LTD to not force any employees to apply earned leaves or apply leave without payment under lockdown imposed by Government. Your prompt action not only will save the wages of the employees but will help in restoring the legal faith in the system by all the employees in general. It is our fervent hope that such violations do not occur in future and the working conditions of the employees will improve at a faster pace.”

Here is a screenshot of a message which NITES General Secretary Harpreet Singh Saluja sent to Shri Dilip Walse Patil, Minister of Excise and Labour Department in Government of Maharashtra over this issue.

On this development, Harpreet said, “During this critical time when the government is trying to protect the interest of employees, Capgemini’s move is illegal and attempts to deduct wages by forcing employees to apply leave without pay.”

We are awaiting the next steps from Capgemini.. We will keep you updated, as more details come in.