2014-02-20 : The case of operators of Telephone Exchange

(Related pages : Telephone Operators' case)

The More Things Change the more they Stay the Same:

The case of operators of Telephone Exchange

    A new telephone exchange (IP PABX System) has been put in place in the Institute in November 2013 with more sophisticated technology and upgraded services. The first concern for HM whenever a new contract is signed is the fate of existing workers. Therefore we were relieved when we came to know that all the eight workers had been retained. But what actually happened was unbelievably shocking – the new contractor slashed their salaries to less than half of what they were drawing earlier. The following short report attempts to document this manifest injustice as symptomatic of the systemic indignity of contractual work as practised in our Institute.

Background

    As many of you may be aware the same set of telephone exchange workers had engaged in a long drawn struggle in the recent past too – in their last contract which was with HCL. Briefly, the last contract for telephone exchange of the Institute was with HCL and it was in place for 12 years, since 2002. By all accounts IIT Kanpur has one of the most efficient and reliable exchanges, and the daily maintenance is completely the responsibility of these exchange workers [i].

    In 2002, IIT had contracted to give Rs 8000/- per operator which was upgraded to Rs 8800/- in 2005 and in 2008 it was again upgraded to Rs 12162/- based on ‘escalations of DA’.   However, throughout this period, the actual salaries drawn by them were much lower –the lowest being Rs3771-.  It needs to be kept in mind that some of these operators have been working in the Institute for over two decades and are considered extremely skilled at their jobs. Their employment arrangement was also very curious as HCL had brought in a firm called Chaque Jour Outsourcing Solutions (P) Ltd as the direct employer of these operators. In all the 12 years of the contract these operators had no contact with this alleged ‘employer’.  And even their contact with HCL, the company that had the telephone exchange contract with IIT Kanpur, was minimal. These operators in fact were consistently reporting directly to Institute officials. Such a contractual arrangement for service provision is in fact illegal, and comes under what is considered a ‘sham and bogus’ contract wherein a superficial contract is put in place with respect to workers merely to escape the responsibilities of an employer.

    In 2009 the telephone exchange workers decided to resist their patently unfair salaries and approached HM for support. After a long drawn struggle which involved the support of faculty members, staff, alumni and students, these workers were able to get their due salaries only in 2012. Their last drawn salary from HCL was Rs 13,294/-.

Present Contract

    IIT Kanpur has put in place a new telephone exchange system and has signed a contract with M/s Equant Technology Services (India) Pvt Ltd., an arm of Orange Business Services of France Telecome ‘for providing Equipment, Solutions and Services’. The contract has come into place in December 2013 and is for 10 years. The contract is for over 1.5 crores with an AMC (annual maintenance contract) for Rs 25,599/- per month. All the existing employees of the exchange have been retained for maintenance of telecommunication services[ii] but they have been offered salaries which are merely half of what they were drawing earlier. The main issue briefly is:

• The last salary drawn from HCL in November 2013 was Rs 13,294/- per month and the new offer is for Rs 7,163/- for all employees.

• The offer is even more ridiculous if we consider that in the contract made with HCL in 2002, the salary decided was Rs 8000/- per month. Twelve years later they are being offered a sum which is less than that! A rough calculation based on merely the inflation in the last 12 years (it is approx 255 %) indicates that Rs 8000/- in 2002 would be equivalent to over Rs 19500/- in present value.

• The new contractor has again brought in a third party as the direct employer (though some clauses in the contract specifically forbid such sub-contracting). This ‘mysterious’ employer is not even based in Kanpur – this time it is a Mumbai based company. This implies that the workers’ Employees’ Provident Fund account would be in Mumbai, their only health care facility (ESI) would be in Mumbai, not to mention they would have no access to their ‘employer’ for any issue(s) regarding their work. It is relevant to remind ourselves that an office order issued by the Director’s office on May 24th, 2013 specifically directed all contractors to open their EPF accounts in the local Kanpur office.

Over 10 years into the last contract and after intense struggle the telephone exchange operators were able to get their due remunerations. They must have hoped that they would be able to work with dignity henceforth; and yet as soon as the new contract came in they realised that all their struggles have come to a nought.

HM’s Analysis

    We at HM feel that the telephone exchange workers’ case is a typical example of how contractual workers are treated in the campus.

• Constant humiliation:  All these operators have put in over twelve years of sincere work (some have worked for significantly more, including one for 23 years). Thanks to them we have a very efficient EPABX system and yet instead of appreciating their efforts, the Institute allows the contractor to humiliate them by halving their existing salaries. And when they sought clarification for this reduced salary they were told that the contractor would be able to find people to work for even less

• Complete disregard for humane living conditions:  The last few years have witnessed an unusually high inflation rate, hence such a reduction of salaries has serious implications – most of them have families, children to put through school and other expenses. The pittance offered to them would not even cover the very basic expenses.

• No recognition for services provided:  This is even more insulting given that it is about a third of what they would have got as fresh recruits (should one merely apply the inflation multiplier to Rs 8000/- which was their salary in the 2002 contract). There is not even a mention of the 12 years of experience and services since then.

• Denial of any livelihood security:  Though the contract is for 10 years, these operators are still being employed as if they are merely temporary workers.

    The telephone exchange workers have decided not to give up and to continue their struggle for a dignified livelihood. Their tenacity is admirable and since they have sought support from the community we should extend all our support to their cause.

We at HM think that the following must be immediately done for the telephone operators:

A salary commensurate to their experience and services provided taking into considerations the DA and other components.

The Deeper Issue

    But we as a community have to confront a more encompassing issue about contractual work in general. There are around 3000 contract workers who are a legitimate and indispensable part of the Institute. Almost all kinds of support, service, maintenance, construction and security work is done by contract workers today. Why should we not acknowledge their existence and ensure that they too can work with dignity? Why does the Institute encourage a system that believes that the only consideration for fixing the wages of contract employees is how little can they be coerced to work for? After all, the Institute does not go for the cheapest technology, nor offer the lowest market rate for its full time employees. Then why would it allow contractors to squeeze out petty profit from the wages of their contractual employees?!

[i] In the earlier contract their duties included:

1. Maintenance of Intermediate Distribution Frame and Main Distribution Frame

2. Maintenance of Demarcation Point boxes

3. Installation of new Telephone Sets

4. Shifting of Telephone lines

5. Installation & Maintenance of Digital Enhanced Cordless Telephone (DECT) and Base Stations

6. Installation & Maintenance of Digital Phones

7. Configuration of ADSL modems (Ericsson, D-Link)

8. Fault detecting and resolving of ADSL

9. Generating Telephone Bill at the end of each month

10. Fault finding and resolving of telephone line problems

11. Management of Directory and Telephonic support by Operators

12. Programming for facility requested by user through Telephone In-Charge

13. Other works assigned by Telephone In-Charge and HCL

[ii] It is the job of the service provider ((Equant Technology Services (India) Pvt Ltd (ETSIPL)) to implement the system and iron out the initial glitches (most of the problems which we have been facing in the last few weeks comes under this).