25 As of December 2020, the Narasapura facility had around 9833 workers in total, of whom, around

8,490 were contract workers and around 1, 343 were permanent employees.

8 Sq meter 20 Desk, F. W. Karnataka: Wistron Corp's iPhone manufacturing plant vandalised by

workers over "Salary dues." Free Press Journal.

The parent alleged that WIMPL management had promised to pay INR 3,500 for two days to those who
worked on two festival days.

In/india/story/labour-law-violations-apple-wistroniphone-plant-kolar-karnataka-1751188-2020-12-19
30 ibid
6 of 22 IIMA/HRM Annoyed by the lapses, the contract workers on various occasions communicated
the issues to the WIMPL management the issues were either left unattended or workers were asked to
contact their respective staffing agencies.

31 Later, in October 2020, a group of contract workers decided to take external help.

About 100 workers of WIMPL approached Deputy Commissioner, C Sathyabhama and requested her
to take up the matter with the company.

Restlessness among the contract workers was amplifying.

Recalling the events of the day of violence, a female contract worker mentioned to the media that a
group of around 500 contract workers including her, who had completed their night shift, had
approached the WIMPL HR department to hand over a letter that enlisted the contract worker's
grievances.

HR officials refused to discuss the issue, and shut the door and locked themselves inside to avoid any
communication with the contract workers.

Most of the workers dispersed after the alleged lathi charge by the police.

Based on initial inquiries and CCTV footage screening, the state police were able to book around 2000
contract workers and arrest around 149 workers.

Father of a contract worker was quoted by the media: "My son finished his class 12 and came to know
of this opening in the assembly section. He worked as a machine operator; he was assured a salary
range between INR 19,000-21,000 but was paid between INR 8,000 and INR 14,000 a month. But now,
we have found that the contractors have been taking Rs 20,000 from the company but paying him only
a fraction of the salary."37 When the media approached the staffing agencies for their views, only a few
responded.

The media quoted his statement: "We are working with Wistron Corp to identify the root cause of the
problem. As a responsible organization committed to the welfare of our staff, we believe in upholding
our values of fair employment practices and pay structure. At this juncture, we are committed to doing
everything necessary to ensure the safety and well-being of our employees deputed to Wistron and will
continue to work with the authorities."41 In the meantime, the news about violence had gained global
traction.

Section 10, of CLA Act, 1970, prohibits factories to employ contract workers, where the work is
necessary and perennial.

The Act directs that perennial work should be carried out by permanent workmen under the umbrella of
regularized labour laws.

Contrastingly, WIMPL's proportion of contract workers formed about 85 percent of its total workforce,
all of whom were on third-party rolls.

Ece
12 of 22 IIMA/HRM of discontent among the contract workers traced back to the existence of disparity
between the contract workers and the permanent workers for similar kinds of jobs.

The DFBISH report validated many of the allegations made by the workers against WIMPL, and the
staffing agencies; namely differences in payment, wage delays, and non-payment of overtime.

WIMPL changed the working hours from 8-hour shifts to 12-hour shifts continuously, without
informing the state labour department.

Section 6658 of the Factories Act 1948, imposes restrictions on women working night shifts.

The notification stated that after complying with certain conditions and securing necessary approvals,
factories can allow women to work a night shift.

Pdf
13 of 22 IIMA/HRM Necessary exemptions under the Factories Act, 1948 have not been taken to carry
out overtime work from workers, and hence the working hours from 6 a.m.- 6 p.m. and from 6 p.m.-6
a.m. is a violation of the provisions of Sections 5160 and 5461 of the Factories Act 1948.

The report also added: The salary of the housekeeping contract workers is not paid till date, and are
required to work for 12 hours a day for six days a week, and are being paid the same salary which they
were being paid when they were working for 8 hours a day.

According to the Payment of Wages Act, 1936, Section 5, any factory which employs more than 1000
workers, should pay remuneration to its workers before the expiry of the tenth day, after the last day of
the wage period.

60 Section 51 of the Factories Act, 1948 prescribes that no adult worker shall be required or allowed to
work in a factory for more than forty-eight hours in any week 61 not adult worker shall be required or
allowed to work in a factory for more than nine hours in any day: 1[Provided that, subject to the
previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded
in order to facilitate the change of shifts.

14 of 22 IIMA/HRM The Labour official report further added: "Contracting companies Creative
Engineers and Quess Corp Ltd had obtained permission to hire 2,350 and 1,350 workers respectively
for WIMPL however they hired 2,410 and 1,511 workers respectively. Similarly, Adecco India Ltd had
obtained permission to hire 3,000 employees but they hired 111 additional personnel without prior
approvals." Meanwhile, on December 17, 2020, the state police, detained for questioning, Comrade
Shrinath, who was the taluk president of the Student's Federation of India.

Allegedly, contract workers who were mostly students had approached Srikanth a few weeks before the
incident, to seek his help in organizing a protest against the company for releasing outstanding salary
amounts and payment for overtime work.

AICCTU representatives visited several nearby villages from where the contract workers came from.

The report mentioned that the workers were mostly young, aged between 18 and 26 years66.

64 F. E. Apple puts Wistron on probation in India, says no new business until all workers are fully
compensated.

Workers, including women, were forced to do 12-hour shifts each day/night without adequate security.

The workers were not given any say in choosing their preferred shift.

67 An abstract of the report read as: At the time when they applied for the job, the contract workers
were interviewed by officials of WIMPL. Having passed the interview, the contract workers are
allocated to one of the labour contractors, who issue an appointment order stating that they are being
appointed by the said labor contractor and would be "Required in various client locations" though the
only place they worked was WIMPL. The appointment orders all state that all job instructions will be
given by the factory supervisor.

These contractors are mere name lenders and the contract system is an unfair labour practice engaged
in by WIMPL to deny workers their rights as regular/permanent workers.
Cms?from=mdr 70
17 of 22 IIMA/HRM Annexure 1 The gist of Apple Supplier Code of Conduct Labour and Human
Rights "Apple believes all workers in our supply chain deserve a fair and ethical workplace. Workers
must be treated with the utmost dignity and respect, and Apple suppliers shall uphold the highest
standards of human rights".

Student Worker Protections "Supplier shall ensure proper management proper maintenance of student
records, educational partners, and protection of applicable law and regulations. Supplier support and
training to all student workers".

Grievance Systems "Supplier shall ensure that workers have an effective mechanism to report
grievances and that facilitates open communication between management and workers".

Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is
appointed,- enter, with such assistants, he thinks fit, any place which is used, or which he has reason to
believe is used, as a factory and make examination of the premises, plant, machinery, article or
substance; seize, or take copies of, any register, record or other document or any portion thereof as he
may consider necessary in respect of any offence under this Act, which he has reason to believe, has
been committed Section 51 No adult worker shall be required or allowed to work in a factory for more
than forty-eight hours in any week.

Where a worker works in a factory for more than nine hours in any day or for more than forty-eight
hours in any week, he/she shall, in respect of overtime work, be entitled to wages at the rate of twice
his ordinary rate of wage.

Section 66(1)(b) It states that no woman shall be required or allowed to work in any factory except
between the hours of 6 a.m. and 7 p.m. However, the Karnataka Government via a notification dated,
November 20, 2011, notified Allowed women to work night shift with requisite permissions of chief
inspector of factories and other facilities.