March 8, 2007

Affirmative Action: Government To Check Inaction

The Department of Industrial Policy and Promotion ("DIPP") in the Ministry of Commerce and Industry, Government of India ("GoI"), has directed Indian companies to include data on the number of recruits sourced from certain specified sections of society in their annual reports for the financial year ending March 2007. The data, which should cover the recruitment period from January 1, 2007 onwards, will help the GoI ascertain the quantum of affirmative action voluntarily taken up by corporates. 

The GoI's earlier efforts to compel corporate India to hire a specified percentage of its employees from those sections of society classified as the "scheduled castes" and "scheduled tribes" ("SCs" and "STs") had been stonewalled by some of the principal bodies representing Indian industry. These associations had deflected the earlier proposal for legislation mandating the reservation of jobs for the SCs and STs and instead, offered to make a commitment towards voluntary affirmative action.

Now the GoI wants to know whether corporate India has fulfilled that commitment. By calling for the inclusion of such data in the annual reports, the GoI intends to gauge the sincerity of Indian companies in filling the required quota.

If however, the GoI remains dissatisfied after checking the relevant data in the annual reports through an independent study to be conducted by the DIPP, it may introduce legislation to compel India Inc. to mandatorily fulfill the quota requirements for SCs and STs in the first quarter of the financial year starting April 2007.

While this move is well-intentioned, the GoI should examine whether a sufficient number of SC and ST prospectives for hire are sufficiently equipped to enter the corporate world before introducing such legislation. When heavy demands are being made on all sectors to perform to global standards, a section of untrained or insufficiently qualified employees may be detrimental to the overall performance of an organisation.  It may be more appropriate for the GoI  to  first support the efforts  of companies  and industry bodies  to impart skill-based training to SCs and STs and  then  only introduce legislation for the mandatory infusion of SCs and STs into the corporate workforce.

Source: The Economic Times, Mumbai edition, March 7, 2007

 
 You can direct your queries or comments to the authors

 

 

RESEARCH REPORTS

eCommerce Taxation in India
Special Economic Zones
BPO Report
India: Structural Strategy
Inversion - The Basic Facts
Venture Capital at Crossroads

  SUBSCRIPTION

We update our clients by sending various hotlines. You can subscribe to one or more hotline/s. Please email us to register yourself for any of the hotlines given below.

  Corpsec Hotline

  Tax Hotline
  HR Hotline
  iCe Hotline
  Annual Budget
  FII Hotline
  Pharma Update
  Infra Update
  IP Update
  Dispute Resolution 
  Hotline

 

 

 

 

Unsubscribe
Feedback
Disclaimer: The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This hotline provides general information existing at the time of preparation. The hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any  loss arising to any person acting or refraining from acting as a result of any material contained in this hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.

NDA