Maharashtra: Facing termination, workers from across state launch protest

Contractual employees under the banner of Maharashtra Data Entry Operators and Health Workers Association

Just days before Diwali, over 100 contractual employees, under the banner of Maharashtra Data Entry Operators and Health Workers Association, have launched a demonstration at Azad Maidan to protest abrupt termination notices and demand direct hiring under the National Health Mission. Over 4,500 graduates and postgraduates, aged between 25 and 30 years, have been protesting across Maharashtra since October 31. With their pleas unheard, over 100 moved their protest to Mumbai. If a solution from the state government is not forthcoming, the employees will approach the Bombay High Court.

"Data entry operators and health workers across the state are being terminated from November 20 without prior intimation. New recruitments are being made to replace the existing workforce of 4,700. These employees have been working for the past one to two years," said Advocate Bharat Phulare, state president of the association. Phulare hails from Chhatrapati Sambhajinagar (erstwhile Aurangabad) and has joined the agitators at Azad Maidan.

The agitators have also accused a Pune-based third-party aggregator (TPA) of not following government legislation and exploiting them. The TPA runs a skill-training academy and is registered with the Ministry of Skill Development and Entrepreneurship. During the COVID-19 pandemic, the agitating youngsters were hired through the Pune-based academy to serve in non-medical roles to carry out data entry of patients, register births and deaths, prepare vaccination certificates, etc. at public health centres, rural hospitals and primary health care centres.

Lives derailed

Some of the workers were planning to get married soon but the termination notices have put their lives on hold. While some postponed their marriages, in other cases the bride's family backed out seeing that the groom is set to lose a government job. Akash Bhusari, 28, from Merakhurd village in Chikali Taluka, Buldana district, is a postgraduate. He wanted to appear for the UPSC examination but had to take up a data entry job to support his family.

"I am the eldest among three siblings and had a steady income of Rs 9,000. I was told that the contract would last for three years, but nearly after two years of working in a rural hospital, I got an email asking me to appear for an examination after which my service would end," said Akash. Akash got help from a good Samaritan in Nashik who helped him get a train ticket. He survives on three vada pavs a day and sleeps on the streets. "I came to Mumbai looking for justice. It is scary to be in this big city," Akash said.

Violation of laws

Phulare claimed that according to the Apprenticeship (Amendment) Rules, 2019, apprentices who continue to work in the same position are entitled to a 10 per cent increase in salary in the second year of work and 15 per cent raise in the third year. The rules also prescribe the payment of stipend before the 10th of every month. "The agitating employees were never paid more than Rs 9,000. In most cases, payment was delayed by two to three months," Phulare said.

"The skills academy does not want to follow the law, which is why they abruptly ended their services before the completion of tenure. Around 470 of the 4,700 employees have been replaced," Phulare said. He further claimed the violation of Minimum Wages Act, 1948, which stipulates a daily wage of Rs 605 per day for an eight-hour duty, whereas the agitators' monthly stipend translates to a daily wage of Rs 300. The agitators come under the ambit of skilled worker. "In comparison to the Rs 18,000 salary paid by the National Health Mission, these contractual employees were paid only Rs 9,000 by the skills academy, which should be probed," said Phulare.

The agitators, through Phulare, plan to approach the High Court with a writ of Mandamus, asking for the protection of their fundamental right to work. On the other hand, the skills agency has been emailing the absent workers to resume work, failing which they would face disciplinary action. "We have written to the agency and expressed our intention to protest if our pleas go unheard. So, the employees have not violated any disciplinary norms," said Phulare. Attempts made to contact the Commissioner of Health Services, Public Health Department and the Pune-based skills academy did not yield any result.