Understanding Shop and Establishment Act Regulations for PSU Banks in Maharashtra: Employee Working Hours

Do Public Sector Banks Come Under The Shops and Establishment Act in Maharashtra Regarding Employees' Working Hours?

Often, questions arise regarding the application of certain labor laws, such as the Shops and Establishment Act, to public sector banks in Maharashtra. This article aims to clarify whether public sector banks (PSUs) come under this act and the specific measures available to employees if they face forced overtime or extended working hours beyond legal limits.

The Scope of the Shops and Establishment Act in Maharashtra

The Maharashtra Shops and Establishment Act (SEA) regulates certain aspects of employment, such as working hours, overtime pay, and holidays. It applies to establishments with a fixed place of business and a certain number of employees. However, the applicability of this act to public sector banks in Maharashtra can be nuanced.

The Specifics of Public Sector Banks

Public sector banks in Maharashtra, such as State Bank of India, Bank of Baroda, and Canara Bank, have their own sets of rules and regulations defined by unions like AIBEA (All India Bank Employees' Association) or BEFI (Bank Employees' Federation, India). These unions, along with the bank management, typically govern working regulations, including but not limited to, working hours, overtime, and other benefits.

Do PSUs Come Under The Shops and Establishment Act?

According to the Department of Labour, Government of Maharashtra, public sector banks do not fall under the purview of the Shops and Establishment Act. This is due to the unique nature and structure of public sector undertakings, which are managed under different laws and regulations.

What if an Employee Is Forced to Work More Than Allowed Hours?

While public sector banks are not governed by the SEA for working hours, employees still have the right to protection under other labor laws and regulations. If an employee is forced to work beyond their contractual working hours, they can take the following steps:

1. Seek Assistance from the Unions

Most public sector banks have active union representation such as AIBEA or BEFI. Employees faced with extended working hours can seek assistance from their union representatives. Unions can advocate on behalf of the employees to ensure that they are not subjected to unlawful working conditions.

2. File a Complaint with the Karnataka Labour Department

Employees can file a formal complaint with the Karnataka Labour Department if the issue is not resolved through internal channels. The Karnataka Labour Deputy Commissioner (or the relevant authority) will investigate the complaint and take the necessary actions to ensure compliance with labor laws and regulations.

3. Seek Legal Advice

In cases where an individual feels their rights have been infringed upon, seeking legal advice from a labor law expert can provide valuable guidance. A lawyer can help draft a legal notice and represent the employee in any necessary legal proceedings.

Conclusion

Public sector banks in Maharashtra, such as State Bank of India, do not come under the purview of the Shops and Establishment Act for regulating working hours. However, they are governed by other labor laws and regulations, and employees can seek assistance from unions, labor departments, or legal experts if faced with forced overtime or other unlawful working conditions.

Understanding the legal framework and taking the appropriate steps can ensure that employee rights are protected and fair working conditions are maintained.