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The Nascent Information Technology Employees Senate (NITES) has brought to the forefront a contentious issue concerning Tata Consultancy Services' (TCS) newly implemented bench policy. In a letter addressed to the ministry of labour and employment, NITES expressed serious reservations about the policy, characterizing it as potentially exploitative and detrimental to the well-being of TCS employees. The core of NITES' concern stems from the alleged coercive practices that the policy appears to encourage, leading to a climate of fear and uncertainty among employees who find themselves between projects, colloquially known as being "on the bench." The urgency of the matter is underscored by the fact that NITES has received a substantial number of complaints – 78 in total – from TCS employees who claim to have been adversely affected by the new policy. These complaints paint a picture of a work environment where employees are subjected to undue pressure, with the threat of job loss looming large if they fail to secure a new project within a stipulated timeframe. The allegations raised by NITES are serious and warrant a thorough investigation by the relevant authorities to determine the extent to which TCS's bench policy complies with labor laws and ethical employment practices. The implications of this case extend beyond the immediate concerns of TCS employees; they also raise broader questions about the treatment of IT professionals in India's rapidly evolving technology sector. The IT industry is a significant contributor to the Indian economy, but its success should not come at the expense of the rights and welfare of its workforce. It is imperative that the government and industry stakeholders work together to ensure that IT employees are treated with fairness, dignity, and respect. The TCS bench policy controversy serves as a reminder that even well-established and reputable companies must be held accountable for their employment practices. The government has a crucial role to play in setting clear standards and enforcing regulations to protect the rights of workers in all sectors, including the IT industry. The outcome of this case could have far-reaching consequences for the IT sector in India, potentially leading to greater scrutiny of employment policies and a renewed focus on employee rights. The concerns raised by NITES highlight the need for a more robust system of checks and balances to ensure that companies are not exploiting their employees in the pursuit of profit. Ultimately, a healthy and sustainable IT industry requires a workforce that is both skilled and motivated, and this can only be achieved by creating a work environment that is fair, supportive, and respectful of employee rights.
A particularly alarming aspect of the complaints received by NITES is the allegation that TCS employees are being pressured to resign if they fail to secure a new project within 35 days of completing an assignment. This short timeframe places immense pressure on employees, especially considering the often unpredictable nature of project availability and client demands. Furthermore, the claim that some employees have been threatened with the denial of experience letters is deeply concerning. Experience letters are crucial documents for IT professionals, as they provide validation of their skills and experience, and are often required when seeking new employment opportunities. Denying an employee an experience letter would effectively sabotage their future career prospects, making it exceedingly difficult for them to find alternative employment. The alleged threat of denying experience letters adds a layer of coercion to the already stressful situation faced by TCS employees on the bench. It suggests a deliberate attempt to discourage employees from challenging the company's policies or seeking legal recourse. NITES also claims that TCS is not acknowledging project shortages within the company, even though internal reshuffles and client-side delays are affecting staffing levels. This lack of transparency creates further uncertainty for employees on the bench, as they are left in the dark about the true reasons for their lack of assignment. The combination of project shortages, short bench periods, and the threat of negative repercussions creates a highly stressful and demoralizing work environment for TCS employees. It is essential that TCS address these concerns openly and honestly, and take steps to mitigate the negative impact of its bench policy on its employees. The company should also consider extending the bench period to provide employees with a more reasonable timeframe to find new projects. In addition, TCS should ensure that all employees receive fair and accurate experience letters, regardless of their bench status. The allegations of coercive practices and lack of transparency raise serious questions about TCS's commitment to employee welfare. As one of India's leading IT companies, TCS has a responsibility to set a positive example for the rest of the industry. By addressing the concerns raised by NITES, TCS can demonstrate its commitment to creating a fair and supportive work environment for its employees.
The demands placed on employees while on the bench, as outlined in the NITES letter, further exacerbate the already stressful situation. Employees are expected to be constantly available, log daily timesheets, complete mandatory learning hours, and actively chase new projects. This expectation of constant availability and productivity, even while not actively assigned to a project, places a significant burden on employees and blurs the lines between work and personal life. The requirement to log daily timesheets, even while on the bench, suggests a micromanagement approach that can be demoralizing for employees. It implies a lack of trust in employees' ability to manage their time effectively and find new projects. The mandatory learning hours, while ostensibly intended to enhance employees' skills, can also be seen as a way to exert control over their time and keep them under constant pressure. Employees may feel compelled to prioritize mandatory learning over actively seeking new projects, which could ultimately hinder their chances of finding a new assignment. The expectation that employees on the bench should actively chase new projects adds further stress to the situation. Employees may feel compelled to compete with each other for limited project opportunities, creating a cutthroat and unhealthy work environment. The letter also alleges that some employees have been asked to repay salaries earned while on the bench, despite being available and participating in calls. This practice, which NITES calls unlawful, is particularly egregious and raises serious ethical concerns. Employees are entitled to be paid for their time and availability, regardless of whether they are actively assigned to a project. Asking employees to repay salaries earned while on the bench suggests a lack of respect for their contributions and a willingness to exploit their vulnerability. As per the TCS policy, which took effect on June 16, employees must have a minimum of 225 billable days in a rolling 12-month period and can spend no more than 35 days on the bench. Failing to meet these conditions could have significant consequences for employees, including reduced compensation, hindered career progression, and limited opportunities for overseas deployment. The strict requirements of the policy create a high-pressure environment where employees are constantly striving to meet unrealistic targets. The potential negative consequences of failing to meet these targets can be deeply demoralizing and can lead to increased stress and anxiety among employees.
The policy also stipulates that benched employees must report to the office daily, continue upskilling through structured learning modules, and be readily available for deployment. The requirement to report to the office daily, even while on the bench, further adds to the burden on employees. It deprives them of the flexibility to manage their time effectively and can make it more difficult for them to actively seek new projects. The mandate to continue upskilling through structured learning modules, while potentially beneficial in the long run, can also be seen as a way to keep employees occupied and under constant pressure. The fact that flexi-working or work-from-home is not permitted during this period, except under rare circumstances, further restricts employees' freedom and flexibility. The lack of flexibility can be particularly challenging for employees with family responsibilities or other personal commitments. The concerns raised by NITES highlight the need for a more human-centered approach to managing employees on the bench. Companies should prioritize employee well-being and provide them with the support and resources they need to find new projects. Bench policies should be designed to minimize stress and anxiety and to promote a positive and supportive work environment. NITES has urged the ministry of labour and employment to intervene in this matter and to conduct a wider review of such policies across the IT sector. The organization believes that a comprehensive review is necessary to ensure fairness, support, and dignity for IT employees. A wider review of bench policies could lead to the development of industry-wide standards that protect the rights of employees and promote ethical employment practices. It could also encourage companies to adopt more innovative and flexible approaches to managing their workforce. The concerns raised by NITES are a wake-up call for the IT industry. Companies need to recognize that their success depends on the well-being and motivation of their employees. By creating a fair, supportive, and respectful work environment, they can attract and retain top talent and ensure the long-term sustainability of their businesses. The outcome of this case will have significant implications for the future of the IT industry in India. It is imperative that the government, industry stakeholders, and employee organizations work together to create a more equitable and sustainable ecosystem for IT professionals.
Source: NITES flags TCS bench policy in letter to Centre - Industry News