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  • Category: Miscellaneous

    Is it possible to impose ESMA act on bank employees!

    As Banks strike today and tomorrow due to pay hikes as it will cause serious problem to many people as we see that Modi's demonetization affected many people and it is similar to that kind. The banking system will get the huge loss of this. Can we impose Essential services maintenance act on bank employees because it will affect the normal life of the people? However, it is said that in newspaper private banks works today. Knowledgeable members, please respond to the question
  • #637770
    You have said -"The banking system will get the huge loss of this". May I know how this strike will bring a huge loss to the bank? The money held in bank, and the money held with the people will be safe for two days without any transaction. The sufferers would be the public who will not be able to draw cash from the bank. I don't recommend any ESMA act on bank employees.
    No life without Sun

  • #637778
    It is quite possible that the banking transactions will come to a standstill, because of the strike. Yet, ESMA on the striking employees may not be desirable, as striking work by several sections of employees, is now very common.

    You see, there will be a small temporary loss of business for the banks, and it will not affect them much. Only credit decisions may be postponed by a day or two.

  • #637787
    The ESMA act can't be imposed on the bank employees. There are are some services which are classified as essential services. Those people who are working in those services are not supposed to agitate or undergo strike. If they participate in any strike they are liable to be punished. Probably, bank services are not classified as emergency services. Even normal employees also have to give a notice at least before 14 days before the date they want to go on strike. Otherwise, the strike may be treated as an illegal strike and they will not get even their salaries for the entire period of the strike.

    Coming to loss to the banking, online services and ATM services will be there without any interruptions. But physical banking is not possible. It may give some loss to the bank. But comparing this and demonetization is not correct, as far as I am concerned.

    always confident

  • #637800
    The terms of conditions and the legal framework under which employees are giving service to their department differ from one department to another.

    If the rules, regulations and procedures allow imposing of ESMA on banking services then Govt can very well impose it. If not, the bank employees will go to the court against the Govt and the Govt will lose it in the legal battle.

    Please remember, no action can be taken against any entity without a proper legal framework for it. In such cases, the only person who suffers is a common man who due to some emergency wanted his bank job today and can not wait for two days.

    I am not sure whether Govt can deduct salary for these two days or not. We must remember that many banks are owned by Govt only and until unless Govt takes a firm stand on these in-house indisciplines, things are not going to improve.

    In a recent privatization move of Govt for an ailing state electricity board, the employees put such a strong resistance that in a few weeks Govt withdrew its proposal.

    Sometimes it appears as if might is right. The strong unions will not allow the Govt to go ahead with the restructuring and reorganizing plans.

    Knowledge is power.

  • #637801
    If the bankers are demanding their legitimate rights, then the government has to bow to their wishes. And if the demands are unjustifiable, then the government issue them the warning or have alternate staff to have the banking going during strike period. But often political parties affiliated bank unions would join the issue and the banking operations go haywire. ESMA can be imposed on banking sector if the unions are not agreeing to withdraw the strike and come to the discussion table. During Railway strike in the period of Indira Gandhi regime, strict laws more than ESMA were imposed.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #637825
    We have faced and still face a number of local,state level and National level hartals where the most essential services of transport, hotels and restaurants and emergency healthcare are affected. Many such hartal are called for just overnight.

    In comparison a strike of a day or two in banks today with much online facilities, does not affect so much, though any work stoppage anywhere can affect people who use that service.
    The bank strike is within the permitted ambit of trade union functioning having given sufficient advance information and resorted to only after the negotiations and discussions with management (and sometimes labour officers) have failed. The strike is definite and for two days now.
    However even in the banking sector, if things go beyond control, or the strike goes indefinitely causing large scale effect, then the governments have sufficient powers to step in and take needed measures.
    Unlike in strikes happening in state governments or other organisations, striking bankers lose their wages for those days under 'dies no' no work, no pay. There is no negotiation for giving those wages back as done and condoned in certain other sectors or organisations.
    Bank employees get wage revision once in five years under 'bipartite settlements'. That five years is over by last November 2017. That is why the employees have to go on strike now, when many discussions did not yield much result.
    The employees now fear that the managements and governments may use the bogey of losses and huge NPAs for avoiding wage negotiations and may try to bring backdoor methods .

  • #637861
    The ESMA is in place to ensure that normal daily life of the Indian people are not affected because of the absence of a particular service. When public transport can come under this purview, why not banks which are the lifeline of people.

    Some of us would do online transactions etc, what about the business people who would have to handle cash, deposit a cheque etc. What about the people who do not have a credit/debit card and need to withdraw money?

    So, yes it should be possible but the negotiations should be held until the last minute to get things agreeable.

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