Tuesday, April 21, 2015

Progress In Xth Bipartite Settlement At A Glance

Status of Full Holidays on 2nd and 4th Saturday in Banks – Many Hurdles To Be Crossed. This May Remain a Dream For The Time Being-------------- by Rajesh Goyal(source:allbankingsolutions.com)

We in recent weeks have seen number of messages on our mobiles and and posts on FaceBook declaring that holidays for 2nd and 4th Saturday will be implemented wef from 1st April 2015 itself.    However, now it is confirmed that all these were rumors and some of these were sent as messages to befool the gullible bankers (as 1st April is celebrated as Fools Day).  
We are quoting  below the extracts from two recent circulars issued by C.H. Venkatachalam,  General Secretary of AIBEA:-
Circular letter No. 27/121/2015/17  dated 19th March, 2015 :-
“Working Hours are service conditions which are part of the provisions of Bipartite Settlement. The relevant provisions have to be duly amended at the time of full-fledged settlement. Negotiable Instruments Act has to be amended and RBI also has to issue revised instruction on banking hours. In the meantime, based on our Minutes of Discussions, IBA has taken up the issue with the Government and RBI for due changes pending amendment to our Settlement. 2 Saturdays as holidays can be implemented only after completing these formalities. Hence units would appreciate that all these procedures would take some time”
Circular letter No 27/122/2015/18 dated 2nd April, 2015:-
“The MoD has to be translated into regular Settlement under the I.D Act amending the existing provisions regarding working hours. Further change of holiday in Banks also needs official changes in the regulations by RBI and some amendment to the Negotiable Instruments Act. All these issues have been taken up by IBA with the concerned authorities in RBI and Government. Without completing and complying with these formalities, the holidays in Banks cannot be changed. 
Further, our units should be aware that our Settlement would cover only 45 Banks whereas there are other Banks which are outside IBA and also not covered by our Settlement. Even amongst the 45 Banks, in the case of foreign Banks, only workmen are covered by their mandate to IBA and not officers. Hence there are technical issues to be dealt with before implementing the change of holidays. All such issues have to be sorted out before the new holiday system is introduced”.
 
Conclusion :  
Therefore, CHV has clearly indicated that this facility can be implemented only and only  after the following requirements are fulfilled:-
(a)            The final settlement is signed between IBA and UFBU under the ID Act whereby the existing provisions of working hours have to be changed;
(b)            Negotiable Instruments Act has to be amended;
(c)             RBI needs to change its regulations;  
(d)            Other technical issues like to make left over  banks (i.e. which are not members of IBA)  to fall in line with the revised working hours / days.
As per AIBEA, these issues have already been taken up by IBA with GoI / RBI etc.  However, there is no clarity as to the views of RBI / GoI / left over banks  on these issues.    There needs to be clarity whether the NI Act amendment will need to be passed by both Houses of Parliament – if so, whether all the parties will support this move or corporate houses will ensure blockage of such provisions.
In view of the fact that GS of AIBEA has given these facts in writing, we do not have reasons to disbelieve that these are not required.    Thus, now it is sure that this part of the settlement will be implemented only and only after the above conditions are completed.
Now what we can now debate is only whether GoI / RBI / Left over banks will agree with the commitment made by IBA in its MoD dated 23rd February, 2015, and the time that will be taken by all these agencies to ensure amendments in all the above Acts / Rules.  
We feel it will be a long drawn process and thus bankers should NOT dream of 2nd and 4th Saturdays to be off at least in the very near future.   It is only CHV who can tell, as to how much time it will take to complete all the above formalities and whether GoI will agree with what IBA has agreed.   However, he is non-committal to this.   Only time will tell the fate of this part of the agreement.

STOP PRESS :
I have finished the article only on late night of 3rd April, 2015, and decided to upload the same on 4th April forenoon.   However, I have just come across the news on internet under the heading  “RBI nixes bank plan for additional holidays on alternate Saturdays” in Financial Express, which indicates The banking sector regulator feels that the infrastructure for keeping key deposit related functions need to be strengthened before the banks can down shutters to enjoy a five day week.”   The report also further reads :-
 
“SBI had sent the reference to RBI to clear the new holiday schedule. The  bank employees have argued that as the stock markets and clearing houses remain closed over the weekend, it made little sense to keep the banks open on Saturdays. The compromise of the alternate Saturdays as a day off for the banks is meant to gauge the extent of pressure if the banks follow a five day week.  
Thus, now bankers have to keep on waiting and again start bargaining.   Unions will again make fool of the Aam Banker and delay the process of finalizing the 10th BPS.  Bankers need to keep licking their wounds.     It seems CHV was well aware of these developments when he issued the above circulars to calm down his cadres as they have been fooled to defer their strikes.
 
 
 
 
 
SUMMARY OF ACHIEVEMENTS BY UFBU AND IBA IN 900 DAYS OF TALKS-By Kamlesh Chaturvedi 
(source: allbankingsolutions.com)

The next round of negotiations is now to take place on 22nd April, 2015.  Before we know the outcome of this meeting,  let us summaries the achievements / failures till 20th April 2015 (i.e. exactly 900 days from the date when 10th BPS had become due).   Herein we have merely regrouped the post of Mr Kamlesh Chaturvedi, a well know leader who had been taking up the cause of the bankers.   He had posted  this on his Facebook page about two days back.
 
Mr Chaturvedi says in its post as follows:
“It has been informed that next round of discussions with Officers Associations will be held on 22nd April. We understand that soon IBA will hold negotiations with workmen unions too. Though it would not be prudent to analyse and comment on outcome of negotiations held so far, still I have made an attempt to look at what has been demanded and what has been achieved so far on the basis of information received from Unions.    if I have committed any mistake, such mistake must be pointed out”.
 
Issue / Topic
Demand
Achievement Till Date (20/4/2015)
Construction of Basic Pay :
Revision of Basic Pay w.e.f. 1-11-2012 by merger of D.A. payable at the average index for the quarter July-September 2012.
Revision of Basic Pay w.e.f. 1-11-2012 by merger of D.A. as on 01.11.2011 i.e 4440 points. By Agreeing to merger of DA one year prior to date of effect of the settlement i,r. 01.11.2012 will substantially reduce the revised Basic Pay as compared to justified and reasonable demand.
Construction of Basic Pay :
Construction of revised pay scales by loading thereafter at 30% to clerical staff and 35% to subordinate staff.
Construction of revised pay scales by loading 2% of the Basic plus DA as on 31.03.2012. Since DA as on 01.11.2012 would already be merged, very little DA would be left on 31.03.2012. Against demand of 30% loading by merger of DA Payable for the quarter July-September 2012 will further result in reduction of revised basic pay.
Improvements in Leave Rules
 
 
Casual Leave
 
Casual leave to be increased to 18 days.
Demand is NOT fulfilled
Availment of maximum CL at a stretch
The ceiling of maximum 4 days for availment of CL subject to a maximum of 6 days including prefixing / intervening / suffixing holidays to be removed.
Exact out come still unknown.
Unavailed CL
Unavailed Casual Leave to be sanctioned without medical certificate.
Demand is FULFILLED
Privilege Leave Accumulation
Accumulation of Privilege Leave should be increased to 300 days
 
Demand is FULFILLED.
 
Encashment of PL
Encashment of Privilege Leave should be increased to 300 days. Where there is any shortfall under PL, Sick Leave to be allowed for encashment, if available.
 
Demand is NOT fulfilled. Neither Encashment of PL to 300 has been achieved nor sick leave Encashment to fill the shortfall has been achieved.
No of Occasions when PL should be permitted
Employees should be permitted to avail Privilege Leave on 5 occasions in a calendar year.
 
Demand is partially fulfilled, perhaps 4 occasions will be permitted.
Notice Period for PL
Notice period for availing privilege leave should be reduced from 30 days to 7 days
 
Demand is partially fulfilled as notice period has been reduced from 30 days to 15 days against justified demand of 7 days.
 
PL Availed on grounds of sickness
Privilege leave availed, irrespective of number of days, on grounds of sickness on production of medical certificate be allowed without being counted as a chance.
 
Outcome still not known
PL for Sickness of family members
Employees should be permitted to avail their privilege leave on production of sickness certificate even in cases of illness of their family members residing with them.
 
Outcome still not known
Encashment of PL for cases where job is lost
Privilege Leave encashment to be permitted in case of loss of job due to punishments/resignations.
 
Outcome still not known
Intervening Holidays for PL
Intervening holidays falling in between the leave period should not be counted as Privilege Leave.
 
Outcome still not known
 
CL for Physically Challenged Employees
25 days CL for physically challenged employees.
 
Outcome still not known.
 

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