RCULAR LETTER No. 28/45/2017/45 9-11-2017
TO ALL OFFICE BEARERS/STATE FEDERATIONS/ ALL INDIA BANKWISE ORGANISATIONS
• PAYMENT OF ACTUAL OVERTIME FOR EXTRA WORK DONE BY EMPLOYEES
DURING PERIOD OF IMPLEMENTATION OF DEMONETISATION
Units are aware that after the announcement of Demonetisation of Rs. 500 and Rs. 1000 Notes, there was heavy workload in the branches and employees had to sit late hours in most of the bank branches. RBI had instructed for working on Sundays and Holidays and many Banks had ordered extra working hours during that period to cater to the needs of bank customers and general public. Besides working for additional hours more than their regular working hours, employees underwent innumerable problems and difficulties and faced their harassment and wrath for no fault on our side. But unfortunately, many Bank managements did not pay the overtime for the actual extra hours worked by the employees but overtime was paid only for certain stipulated hours for certain stipulated number of days.
Hence from AIBEA we had taken up the matter with the Chief Labour Commissioner, Ministry of Labour, Govt. of India seeking his intervention vide our letter dated 2-12-2016. On 22-12-2016, Chief Labour Commissioner wrote to the Chairman of IBA seeking their comments on the allegations made by AIBEA that Overtime wages have not been paid for the actual work done. IBA replied to the CLC on 31-12-2017 clarifying that as per Bipartite Settlement, if a workman is required to do overtime work as decided by the management, he/she will be entitled to receive payment for such overtime work. However, the managements of many Banks refused payment of Overtime wages though their action was illegal, unfair and violative of Bipartite Settlement.
The issue was raised as a demand during the UFBU strike on 28-2-2017 and in the conciliation meeting held by the CLC on 21-2-2017, in response to our demand for payment of overtime, the representatives of IBA and Ministry of Finance clarified that there is provision for payment of overtime for extra work done by the workman. Hence CLC advised that IBA should issue guidelines to all Banks for payment of overtime to all eligible workmen.
The Minutes of the above Conciliation meeting was sent to all the Banks by the IBA on 3-3-2017. But, regrettably, the Bank managements continued to ignore this genuine demand and overtime was not paid for the actual work done.
Hence we have been pursuing the matter with the IBA to advise the Banks to make the overtime payment as per bipartite settlement. Since the issue was being delayed and was being highly resented by the employees, AIBEA took a decision that legal remedy should be sought to claim the overtime wages due to the employees. This was also made known to the IBA.
In this background, IBA has now sent their communication No, 3860 dated 8-11-2017 ( copy enclosed) reiterating that overtime is payable to the employees as per bipartite settlement and employee will be entitled to receive overtime as per the provisions of bipartite settlement.
We advise our Unions that wherever the managements have not paid the actual overtime for the actual extra work done, the issue must be taken up accordingly.
C.H. VENKATACHALAM GENERAL SECRETARY