A.
Dear Client,
Section 2(e) of the Karnataka Shops and Commercial Establishment Act, 1961 defines "commercial establishment" to include banking, trading, or insurance establishments. This means that the Act's provisions, such as those related to working hours, leave, and other employee benefits, equally apply to banks. Section 7 of the Act outlines the hours of work to be followed in a commercial establishment. As per Section 7(1) of the Act, no employee in any establishment shall be required or allowed to work for more than 9 (nine) hours on any day and 48 (forty-eight) hours in any week, provided that the total number of hours of work including overtime shall not exceed 10(ten) hours in any day except on days of stock-taking and preparation of accounts, provided further that the total number of overtime hours worked by an employee does not exceed 50 (fifty) in a period of three continuous months. Section 8 of the Act defines extra wages for overtime work. As per Section 8(1), where an employee works in any establishment for more than nine hours in any day or for more than forty-eight hours in any week he shall in respect of such overtime work be entitled to wages at twice the rate of normal wages. As per Section 8(2), for the purposes of this section “normal wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus. Section 9 of the Act provides for time of interval for rest and states that the periods of work of an employee in an establishment each day shall be so fixed that no period shall exceed five hours and that no such person shall work for more than five hours before he has had an interval of rest of at least one hour and Section 10 provides spread over hours of work in an establishment and states that the periods of work of an employee in an establishment shall be so fixed that, inclusive of his interval for rest, they shall not spread over more than twelve hours in any day. The Labour Commissioners are appointed as Chief Inspector under Section 26 of the Act and empowered to inspect and enforce the provisions of the Act in a commercial establishment. So, given the proposition of relevant law applicable on a Bank, for any dispute or violation of the provision of the Act, you can escalate your grievance or complaint before the concerned Chief Inspector, Shops & Establishment, for redressal of your grievance or complaint, failing which you may approach the concerned Labour Court seeking appropriate relief in the matter.
Posted On 24-Jul-2025
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