R S Chandu (3 year LLB) 10 September 2013
I am an employee in a nationalized bank. The service regulations of the bank says that officers should be available for duty at any time of the day. We are made to work for over 12 hours per day citing this rule. And we are not being paid any overtime allowance. Is such practice legal? Doesn't PSU's fall under any labour law that provides employees' working hour regulations?
P.S: I am currently posted in the state of Kerala. But, it can change during transfers.
dr g balakrishnan (advocate/counsel supreme court) 10 September 2013
what is the contract of employment that need to be seen before any advice can be advanced please sir. regards
Sudhir Kumar, Advocate (Advocate) 10 September 2013
In Govt sector the officers are not entitled to overtime/compensatory off.
Kumar Doab (FIN) 12 September 2013
Given below is a heartfelt opinion. You may go thru the links and attachments and take up with Employees union Leaders and Lawyers for the union.
You have posted that:
“We are made to work for over 12 hours per day citing this rule. ‘
You would notice that:
- Bank Employee’s Unions have been raising the issue at various platforms.
-The Central bank RBI has kept the provision for work hours, OT etc for itself. Since it frames all kind of rules it ca also issue guidelines for banks controlled by it also.
-banks are covered by State Shops and Establishments Act and the enactments sets clear guidelines for off days, holidays, leave, work hours, OT………………..
Bank employees have been able to get many of the demand met from Govt.
This is genuine demand.
The condition of
Employees are only entitled to overtime wages for work that is requested, acknowledged or authorized by the employer.
Most employees are entitled to be paid …………… times their wage for hours worked beyond eight hours in a day or 48 hours in a week.
Who is exempt from overtime?
Some employees do not have to be paid overtime, including those who Perform management functions primarily and have substantial control over their hours of work…………
Are employees called "manager" or "supervisor" exempt from overtime and hours of work?
Job titles have no impact on whether employees are exempt or not. The factors that are considered include the nature of their work functions, and their level of control and authority in the organization.
Are employees who supervise other employees exempt from hours of work and overtime?
Supervisory duties alone are not usually considered to be management functions. To determine if employees perform management functions primarily, all of their job duties must be examined. One of the questions to consider is who makes the final decision on things like terminations and discipline. Many supervisors make recommendations on these issues but someone with more authority in the company makes the final decision.
Generally, supervisors are not exempt from overtime and hours of work.
https://rbidocs.rbi.org.in/rdocs/content/pdfs/70979.pdf
RESERVE BANK OF
CHAPTER V - PAY, ALLOWANCES AND OTHER
CONCESSIONS
Section 1 - Pay And Allowances
65. Overtime Allowance (Page 30)
65 (1) Notwithstanding the fact that the whole time of an employee is at the disposal of the Bank, the Bank may grant overtime allowance, not counting as pay, to an employee who is required to work on Sundays or Holidays or to put in extra hours on week days in connection with the Bank's work.
https://www.aiucbof.com/conduct.php
You may go thru Shops & Commercial Establishments Act of the state in which you are located.
The
2. Definitions.
(5) “commercial establishment” means…………….. and premises in which
business of banking, insurance, stocks and shares, brokerage or produce exchange is
carried on,………………..
8. Employment of adults, hours of work.
No adult shall be employed or allowed to work about the business of an stablishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly:
Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed, any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year:
Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for such overtime work at twice the rate of his normal remuneration calculated by the hour.
Explanation.—For the purpose of calculating the normal hourly wage the day shall be reckoned as consisting of eight hours.
COMMENTS
(a) Mode for calculation of overtime wages
Claim for overtime should be made within reasonable time. It has been held by
33. Records.—
(a) Particulars and forms of the records required to be maintained under section 33 Failure to maintain the records in the prescribed form and in the prescribed manner, i.e., not keeping exhibited a notice setting-forth the close day or a record of the hours worked and the amount of leave taken by end of the intervals allowed for rest and meals or not entering the particulars of all employment overtime, amounts to contravention of the provisions of section 33
of the Act and the proprietor, employer or the manager of such an establishment is liable to be punished
The register of employment and wages is required to be kept in Form ‘G’ duly bound and pages serially numbered. Where, however, the opening and closing hours are ordinarily uniform, the employer may maintain such register in Form ‘H’ alongwith a separate register of wages and record of leave in Form ‘I’ but the entries relating to a particular date on which an employee if called upon earlier or detained later than the usual working hours are required to be made immediately in the remarks column of Form ‘H’ before such early or late working commences.
THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960
2.Definitions.- (4)“commercial establishment” means a commercial or industrial or trading or banking or insurance establishment,
(7)“employer” means a person owning, or having ultimate control over the affairs of, an establishment and includes the manager, agent or other person acting in the general management or control of an establishment;
3.Exemptions.-(1) Nothing contained in this Act shall apply to-
(a)persons employed in any establishment in a position of management;
CHAPTER II
HOURS OF WORK
6.Daily and Weekly Hours.-No employee in any establishment shall be required or
allowed to work for more than eight hours inany day and forty-eight hours in any week:
Provided that the total numberof hours of work including overtime, shall not exceed ten
hours in any day except on days of stock taking and preparation of accounts and the total
number of hours of overtime shall not exceed fifty for any quarter.
7.Extra wages for overtime work.-Where an employee, works in any establishment
for more than eight hours in any day or for more than forty-eight hours in any week he
shall in respect of such overtime work be entitled to wages at the rate of twice the
ordinary rate of wages.
WEEKLY HOLIDAYS :Every Person employed in shops or a commercial establishments
shall be allowed in each week a holiday of one whole day.
CHAPTER III:HOLIDAYS AND LEAVE
30. Maintenance of registers and records and display of notices.-
XIV REGISTERS AND RECORDS TO BE MAINTAINED BY THE EMPLOYER
3. A register of holidays and leave in Form-F
XV PENALITY :Whoever commits a breach of the provisions of the Act a rules shall be punishable in accordaing with Section-29 and Rule –14 of Kerala shops and Commercial Establihments Act 1960 and Rules 1961.
https://sbisa.org/servicedetails.php?id=13
Service & Condition >> HOURS OF WORK, STAGGERING OF WORKING HOURS AND OVERTIME
https://www.in.gov/spd/files/eehandbook.pdf
https://aipnbof.com/schemes/Misc.%20Guidelines%20on%20HRD%20Matters.pdf
https://aiboboa.org/service_conditions
Officers Employees conduct, Discipline and Appeal are regulated by BANK OF BARODA OFFICER EMPLOYEES’ (Conduct) REGULATIONS 1976 & BANK OF BARODA OFFICER EMPLOYEES’ (Discipline and Appeal) REGULATION 1976.
https://www.allbankingsolutions.com/Articles/Articles-Pittiable-conditions.htm
In sharp contrast, Bank Officers never see '
Their genuine leave is denied or rationed and sanctioned leave is curtailed and they are recalled from leave midway with an advice to resume duty immediately.
Bank officers are asked to conduct 'Roadshows' and 'Recovery Drives' on Sundays and other holidays.
Business Review Meetings are wantonly conducted on Saturdays and Sundays.
Video Conference is held before and after office hours.
Bank officers are compelled to sell Gold Coins, Insurance Policies,Mutual Funds etc. now.
Bank officers at the lower levels are mercilessly punished for smaller mistakes, whereas top officials who deliberately cause crores of rupee loss to their bank are allowed to go scot-free and many of them get further elevation too!
https://www.aiboa.org/news.html
ALL INDIA BANK OFFICERS' ASSOCIATION
Circular No.13/VI/2013
August 17, 2013
3. On “Regulated Working Hours, 5 days week,
https://www.aiboa.org/circulars.htm
Circular Letter No.4:VI:2013
July 12, 2013
7 days working.
World Federation of Trade Unions (WFTU) in its October 3, 2011 declaration emphasized that “8 Hours Work” and “ Collective Bargaining” should be achieved throughout the world by working masses, as the quality of life is getting affected due to the work pressure
“So long as the same did not violate rule 54, it certainly stands protected. We fail to understand how holding a demonstration, per se, would amount to misconduct.”
It was difficult to agree with the submission that the status of the demonstrators as officers of the bank was enough to treat their behaviour as misconduct.
“We fail to understand the logic that holding of such a demonstration has brought disrepute to the bank or affected its functioning. In the circumstances, we have no hesitation in setting aside the order of the learned single judge.”
The Bench also went to the extent of observing that there was mala fide intent in the proceedings against the appellants.
“Considering the weakness of the allegations made… we have no hesitation in allowing the writ appeals.”
Also, no further proceedings shall be taken up with respect to the enquiry against officers, the Bench observed.
https://www.hindu.com/2005/12/19/stories/2005121905180400.htm
Set working hours for bank officers sought
https://www.bankofbaroda.co.in/rightinformationact_details.asp
https://aiboboa.org/home/circular_2012
ALL INDIA BANK OF
CIRCULAR TO MEMBERS NO. 20 OF 2012 15th November 2012
CIRCULAR TO MEMBERS NO.15 OF 2012 12TH June 2012
(e) Regulated Working hours
https://aiboboa.org/home/charter_of_demands-inboc
ALL INDIA BANK OF
Part- V
NONMONETORY
GENERAL ENVIRONMENT – AMBIANCE – WORKING HOURS ETC.,
The Banking Industry is entrusted with the responsibility of enhancing the economic prosperity of the country and also the GDP growth with a view to enhance the standard of living of the common man. The management should ensure that reasonable working hours are fixed rather than pressurizing the officers which may lead to failure and resultant loss of health or upset the officers’ routine. Hence, the working hours for officers should be defined and regulated.
UCO BANK OFFICER EMPLOYEES' (CONDUCT) REGULATIONS, 1976
Sudhir Kumar, Advocate (Advocate) 16 September 2013
well elaborated by Mr Kumar Doab
Manish 26 January 2018
I need to know the normal working hours for officers in PSBs because since long time, it has came into our notice that even on Holidays, Bank officers are on duty and on daily basis, they have been returning from the office at night. If the award staff of your Bank are leaving on time from the office, why the officers there are being harassed by pressurizing them to remain in office till late night leaving all their personal causes unattended ? Aren’t they entitled to live their personal , social and family life normally like other employees in the country ? Isn’t it the violation of their fundamental right of “right to equality for which Indian constitution empowers them via section 14 & 16” ?
Sudhir Kumar, Advocate (Advocate) 27 January 2018
No violation of Fundamental Rights is apparent.
Manish 18 February 2018
Mr Sudhir Kumar, You have very low knowledge level about the constitutional rights of Indian citizen. Any employee is at first an Indian with his rights. Even PM is not empowered to teke any step to violate their constitutional rights. There is judicial bodies. It's democracy not a dictatorship ruling system for your info. One more thing, Any employee in any Bank comes directly under labour act. The 24*7 working hour provision is there for the case of Management exigency and it's not a small thing. For using this clause, Management has to provide solid reason to apply it in the office before the officers. In that case the top management gives them approval and them the officers working late are entitled for Overtime allowance as per the rules of labour Act. So, please have some sensible knowledge for your help. You also should know that the people sitting late are harassed, pressurized slaves forced for it by management in the name of dragging them under disciplinary action provision for their any other dids in past. You should also keep it in mind that how many people of post of Chairman, ED and GMs faced real management power by enforcement as well as judicial bodies. They are really aware of the term Management power in the name of which they have ripped apart the lives of many employees of their institution.
dr g balakrishnan (advocate/counsel supreme court) 18 February 2018
i think it is better banks have to recruit a lot of staff as relievers instead of asking people to work overtime and overtime itself some kind of harassment indeed. india has a lot of population looking for jobs why govt is failing to give at least some relievers' jobs in all its establishments? if it gives naturally unemployed ratio would just fall down, so the government instead of pay commissions enhancing salaries under so called pay commissions it can distribute the weath wide spread that itself would increase more consumers too
Manish 19 February 2018
Sir, Well said. But, Why all the officers are sitting dumb late night under the pressure or fear ? Isn't it a hostage situation ? Isn't it the violation of their constitutional right ? Trust me, they never claim of overtime and due to which management spreads a myth that they are sitting as per their own choice and have no rights for overtime of compensatory off. Some stupids say that they have no defined working hours as there is a provision of 24*7 duty hours as per the Officer's Service Regulation in the banking Industry. I talked to some Govt bodies and got informed that this is a total corrupt and criminal process being adopted by Management people. But, all remain silent. No one complains about it. People are being harassed and crushed.
Sudhir Kumar, Advocate (Advocate) 20 February 2018
Why all the officers are sitting dumb late night under the pressure or fear ?
ASK THOSE OFFICERS. THIS FORUM IS NOT SPEKES PERSON OF THE BANK OFFICERS
Sudhir Kumar, Advocate (Advocate) 20 February 2018
Isn't it a hostage situation ?
NO HOSTAGE SYSTEM. tHEY ARE FREEE TO CHANGE JOB.
Sudhir Kumar, Advocate (Advocate) 20 February 2018
Isn't it the violation of their constitutional right ?
THEY HAVE A CONSTITUTIONAL RIGHT TO CHANGE JOB.
Sudhir Kumar, Advocate (Advocate) 20 February 2018
Trust me, they never claim of overtime and due to which management spreads a myth that they are sitting as per their own choice and have no rights for overtime of compensatory off.
LET THEM CLAIM OTA IF ENTITLED.
Sudhir Kumar, Advocate (Advocate) 20 February 2018
Some stupids say that they have no defined working hours as there is a provision of 24*7 duty hours as per the Officer's Service Regulation in the banking Industry.
IT IS NOT STUPID PEOPLE TALKING. IT IS THE LAW OF THE LAND. EVERY SO CALLED FUNDAMENTAL RIGHT CAN BE ABRIDGED BY 'process stablished by law"
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