Is Overwork the Name of Hard Work?

The death of an indian employee allegedly due to work pressure has triggered a broader discussion on exploitative work environments in India. After the incident came to light, many more employees accross many MNCs in the country have shared their experiences of toxic work culture. Voices accross social media are pointing to the importance of the mental health of India's working population. But what is being portrayed and viewed as societal issues of work-life balance is, in reality a question of what labour laws facilitate.

Are India's labour laws designed for exploitation? Are they too ambiguous to demand accountability from corporate firms?

"The workload and long hours took a toll on her physically, emotionally and mentally". This is what Anna Sebastian's mother said after her death. In a letter, she said her daughter succumbed to work pressure at Ernst & Young. Just 4 months after joining the office, the EY India head had denied the allegations, saying Anna was allotted work like any other employee. He says that there is no doubt that each one of their one lakh employees has to work hard. But while he seeks to normalise such environments, he is not wrong about the fact that Anna's case was not an exception. It is the norm. It is now time to look at how our laws still enable toll- taking practises.

The Factories Act of 1948 dictates overtime rules in India. According to the Act, if someone works for more than 9 hours a day or for more than 48 hours a week, they are entitled to double pay for the extra hours. But the language of the act specifies that this provision is for factory workers. The overtime laws for workers do not apply to employees designated as officers or executives. The laws governing the rights of Indian workers were drawn up 76 years ago, and they failed to address modern labour practises. Lawyers say that there has been no direct precedent for MNC workers petitioning the court for overtime pay. They therefore continue to be in the legal gray area and successive governments have lacked the political will to address the issue. After India's economic liberalization in 1991, a boom in the private sector created a demand for labour. However, expert's say this growth came with a lack of governence, allowing private companies to exploit loopholes in our laws. So as long as there is an absense of strong regulations protecting their rights, corporate employees are likely to continue to struggle with work-life balance.

As the center probes this particular incident, it is time for us to think: Are decades-old labour laws the necessary way forward for india?

Mekha. C. M, Assistant Professor, Dept. of Commerce and Management Studies, Al Shifa College of Arts and Science, Kizhattor, Perinthalmanna.