NITES Condemns IBM India’s Email To It’s Employees; Says, “This Is Clear Violation Of Human Rights And Personal Liberty”

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Manisha Swain


Pune, 27th October 2022: The Nascent Information Technology Employees Senate (NITES) condemns the the email sent by International Business Machines (IBM) India to all its employees regarding Moonlighting.


An email sent by Sandip Patel, Managing Director for IBM India/South Asia Region, said, “IBM’s employment contracts require that employees refrain from engaging in any other employment or business in any role or capacity and not compete with IBM. IBM’s Business Conduct Guidelines (BCGs) also make it clear under Guidelines 71 and 72 that while an IBMers’ time outside of work is their own, it also requires them to avoid engaging in activities that create a conflict of interest with IBM’s business. IBM’s BCGs highlight that providing assistance to a competitor in any capacity is a clear conflict of interest.”


He added, “A second job could be full-time, part-time, or contractual in nature but, at its core, is a failure to comply with employment obligations and a potential conflict of interest with IBM’s interests.”


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Following this, Harpreet Singh Saluja

President, Nascent Information Technology Employees Senate (NITES) said, “Probably the time has come to remind IT organizations that IT Employees are neither slaves nor bonded labours. The company stated that if an employee wants to pursue his or her passion be it dance, art or music has to be celebrated inside IBM. And if an employee wants to carry on the passion in personal life that it would be treated as conflict of interest and violation of trust. This shows the capitalist mindset of the company which is trying to capture and restrict the thought process of employees.”


He added, “Moreover, the IBM’s email states that if employees want to support a NGO or philanthropic activity in their personal time then they need to take permission first from the company. This is a clear violations of Human Rights and Personal Liberty. Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Indian Constitution. The right to privacy is also recognized as a basic human rights under Article 12 of the Universal Declaration of Human Rights Act, 1948, which state that no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence.”


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