bank
arunkumarbhattacharyya
(Querist) 26 September 2009
This query is : Resolved
now a days most of the bank employee (clerical &subordinate cadre) are working beyond duty hours viz,6-30hours &7 hours respectively to complete their days work,moreover they were refused to pay any overtime allownce ,not only bank management
refuses to give any written order either to stay beyond duty hours or used this type of language that it is within your service condition to complete the work whatever may be the timing is. what should be the course of action at that time?Either refuses to work without office order or wait until the order issued ,no work to be done? please advise.
Raj Kumar Makkad
(Expert) 27 September 2009
It is better to seek written orders and insist for issuance of such citation either from service conditions or fresh notification. If employees jointly do this practice, definitely they shall have in a better bargaining position.
Guest
(Expert) 27 September 2009
As far as working hours are concerned, the Shops & Establishment Act (It is a State Act and hence varies from State to State) and Factories Act mention about the number of working hours an employee can be asked to render in a day/week. In the case of Banking Sector, the Factories Act is not applicable and hence take recourse to the Shops & Establishment Act. In addition to this, banks' unions from time to time go to bi-partite settlements with the management, in which the working hours have been fixed. The provisions in the bi-partite settlements are subject to the provisions of the Act mentioned above. It is to be seen that whether the working hours rendered by the employee are more than prescribed in bi-partite settlements / shops & establishment Act and if so, the appropriate course of action is to move the Assistant Labour Commissioner/conciliation officer with a claim statement through the registered union.
arunkumarbhattacharyya
(Querist) 27 September 2009
thank you,we will meet in next occassion with some f a q
arun bhattacharyya
