Nearly half of HR professionals in India believe that up to a third of existing job roles will be automated in the next three years, according to a survey from Indian online job portal Shine.com.

Shine conducted a survey in metro cities among HR professionals to identify how the rapid adoption of technology will change the Indian jobs landscape in 2019. Shine conducted the survey across various industries, including IT, Education & Training, BFSI, Manufacturing, Retail and Auto.

The survey found that 45% of HR professionals plan to adopt technology-driven HR tools such as AI tools, virtual reality and hiring tools within their organisations in the coming 12 months. Additionally, 36% of HR professionals surveyed foresee some kind of disruption in their industry in the next 2-3 years.

Zairus Master, CEO, Shine.com, said, “With a host of innovations and technological changes coming up and with cutting-edge technologies like AI and machine learning becoming more and more integral to business operations across sectors, the demand for professionals with evolved, tech-led skillsets will only increase further in 2019.”

“The technological convergence is also expected to significantly transform existing job profiles and responsibilities and give rise to new job roles,” Master said. “Technologies such as AI, machine learning, and data analytics have become more embedded within the day-to-day operations of IT/ITES (IT enabled services) companies but adoption is on the rise in other industries too.”

Master added that other trends that will lead the HR landscape include the adoption of flexible HR policies and working hours, growth of digitisation, and an uptick in freelance workers.

“Trends such as flexibility and a digital experience will further help organisations to bring down attrition rates and increase employee retention as they adapt to the new normal,” Master said.

By Harold S. Berman, J.D.

Apple and an Indian company permissibly brought Indian nationals to the U.S. under a B-1 visa to train Apple employees. A more exclusive H1-B visa was not required, as alleged by a former employee in this qui tam action.

A former Apple and Infosys employee who brought a qui tam action against both companies for bringing Indian nationals to the U.S. to train Apple employees, could not plausibly allege that the employer incorrectly brought the Indians to the U.S. under a B-1 rather than an H1-B visa, ruled a federal district court in California. The court dismissed the employee’s False Claims Act claims, finding that training was permissible under a B-1 visa, given that the Indians were employed by an Indian company which was paid in India. The court also concluded that, even had the companies acted incorrectly, they could not have acted with scienter as required by the FCA, given the vagueness concerning permitted business activities under a B-1 visa (U.S. ex rel. Krawitt v. Infosys Technologies Limited, Incorporated, March 12, 2019, Koh, L.).

India training contract. Apple contracted with Infosys, an Indian corporation, to provide Apple with 16 live training sessions in the U.S., utilizing Indian nationals that Infosys was to bring to the U.S to conduct the training. The Indian nationals came to the U.S. on B-1 visas, which are issued to non-immigrants for temporary business activities, and not on H1-B visas, which allow employment in the U.S. for a set duration.

Concern about visa status. In September 2014, the employee (an American citizen) began working at Apple as an independent contractor for Infosys. He alleged he warned Infosys that the Indian nationals it planned to send to Apple lacked the H1-B visas they needed to conduct the training. He also claimed that senior management at Apple knew that the two Indian trainers were on B-1 visas, yet approved the Infosys training. The employee also drafted a memo for Apple managers concerning the Apple-Infosys contract, which informed them of the trainers’ visa status.

In late September, at Infosys’ request, Apple management provided letters to be used by the Indian trainers to enter the U.S. on their previously issued B-1 visas. The letters did not mention that the trainers would be conducting training sessions under an Apple-Infosys contract, or performing other substantive work on Apple’s systems. Instead, the letters stated the trainers would attend “education meetings” to share and learn about the relevant software development concepts and methodology. Allegedly, the letters falsely stated that the trainers would not be paid, even though the training and services the Indians were to provide were to be paid for under the Apple-Infosys contract.

When the employee learned of the letters, he notified his Infosys supervisor, who declined to discuss the matter. When he urged another Infosys coworker to ask Infosys’ legal department to investigate, the coworker instead warned Infosys executives that the employee had raised the issue, and that “it would be a potential problem.”

On October 8, an Infosys employee emailed other Infosys executives that the two trainers needed to return to India and then re-enter the U.S. “to avoid detection and suspicion for violating United States immigration laws.” The coworker who had previously warned Infosys executives then discussed with the employee a previous U.S. case against Infosys and stated that he would “pretend as if he knew nothing” if he was caught manipulating visa applications.

Training sessions. Although the training sessions at Apple continued with the two Indian nationals, in mid-October an Apple manager told Infosys he was unhappy with the training. Infosys then returned the trainers to India and the contract was cancelled. Apple then entered into a new agreement with Infosys, involving a U.S-based trainer. The employee alleged that Apple and Infosys deliberately omitted the term “training” from the new agreement.

In January 2015, the employee’s contract was not extended, which he alleged was in retaliation for whistleblowing on the visa issue. He then worked for Apple, which also did not extend his contract, allegedly after it investigated the visa issue. The employee filed a qui tam action against Apple and Infosys. Apple and Infosys moved to dismiss.

Trainers’ activities permissible under B-1 visas. The court dismissed the employee’s claims, first finding that the trainers’ activities were permissible under their B-1 visas. As required for a B-1 visa, the trainers indisputably maintained residence in India and entered the U.S. temporarily. Additionally, as also required for a B-1 visa, their principal place of business was in India, and the profit accrued there. Nor did the money Apple paid go directly to the trainers, but rather to Infosys, which was based in India. Consequently, the trainers were paid in India.

The court rejected the employee’s contention that under federal regulations, the employees needed an H1-B visa because they were working under a contract. To the contrary, foreigners entering the U.S. under a contract, including to train U.S. workers, could work under a B-1 visa. That the trainers engaged in paired training with U.S. employees was irrelevant because the trainers did not perform the U.S. employees’ jobs.

No scienter. The court next found that, even if the trainers had been incorrectly admitted to the U.S. under B-1 visas, Apple and Infosys did not possess the necessary scienter to have violated the False Claims Act. The permitted business activities under a B-1 visa were not well defined, and no case law or regulatory guidance existed stating training was not permitted under a B-1 visa. Consequently, Apple and Infosys could not be charged with knowledge or willful blindness concerning the correct uses of B-1 visas. Additionally, the employee simply notified his superiors at Apple and Infosys that it was illegal to use B-1 visas to bring trainers to the U.S, yet applicable regulations did not make clear that training was impermissible under a B-1 visa.

Hiring activity in India registered a 16% growth in February when compared to 2018, according to the latest Naukri JobSpeak Index.

The Naukri JobSpeak Index for February 2019 stood at 2,415, down from 2,087 in February 2018.

The IT and software industry registered the highest growth at 38% growth. The HR functional area recorded an increase of 20% while the construction and engineering industry saw an increase of 16%.

Meanwhile, hiring in the Banking & Financial Services industry saw a dip of 12%, while hiring in Oil & Gas fell by 6% and Industrial Products decreased by 4%.

Among the cities, Chennai and Mumbai recorded a rise of 30% and 26%, respectively.

“The JobSpeak index continues to sustain the momentum gained and has shown a 16 percent year-on-year growth in February preceded by a 15% growth in January,” Info Edge India Chief Marketing Officer Sumeet Singh said. “In the latest hiring outlook survey with over 3,300 recruiters across the country had anticipated increased hiring, wherein 84% recruiters said new jobs would be created.”

LabourStart headline – Source: ITUC

The average salary increase for employees in India this year will be 9.7%, The Times of India reported citing data from consulting services firm Aon Hewitt. “If positivity comes in the economy post election, regardless of how government performs, the positivity will last for one year, which will lead to higher pay increase for the next year,” Anandorup Ghose, partner at Aon India Consulting, told the newspaper.

More than half, or 60%, of Indian working professionals rate their current work-life balance average to terrible, reports the Times of India, citing a survey from Monster.com. Meanwhile, 67% say they “either sometimes, often or always” think about work when not at work. Approximately 75% of the respondents, there is no defined work-life balance policy in their organisation, however 48% said their managers help in balancing their work and life.

LabourStart headline – Source: IUF

Tensions escalate between Pakistan and India following pre-dawn airstrike inside Pakistan

More than half, or 53% of employees in India would consider taking a pay cut for the companies that offer remote working options, according to survey data from LinkedIn.

LinkedIn’s data also showed that 48% would consider switching jobs for greater flexibility, while 76% of employees whose current workplace does not offer remote work options would consider switching to a job that offered more flexibility.

Meanwhile, 83% of employees felt a company’s remote work policy is important when searching for a job and 48% agreed they would consider changing their job if their current workplace eliminated their remote work policy.

Indeed also found that 42% of employees admit to having searched for such flexible jobs already. More than half, or 56%, of employees believe that workplace flexibility can boost productivity.

Nearly all of the companies surveyed (99%) have invested in technologies such as video conferencing tools, laptops, smartphones, Slack (searchable log of all conversation and knowledge), so that remote working could be more accessible to their employees.

Sashi Kumar, Managing Director, Indeed India, commented, “Employees can channel their creativity more productively if allowed to work at their convenience. The challenge lies in managing workers effectively, irrespective of where they are, and ensuring they are able to fulfil their aspirations and grow their career trajectory.”

Indeed’s survey, conducted by Censuswide, a UK-based survey consultancy, polled 1,001 employees and 501 employers across various sectors.