Charter of Demands for 12th Bipartite Settlement – BEFI
- The Charter of Demands (CoD) of BEFI for 12th Bipartite Settlement, finalised from the General Council meeting on 20-21 June 2022 at Kolkata, was submitted to Indian Bank’s Association (IBA)
Charter of Demands for 12th BPS
BANK EMPLOYEES FEDERATION OF INDIA
NARESH PAUL CENTRE
53 Radha Bazar Lane (1st Floor), Kolkata – 700 001
e-mail: pradipbefi@yahoo.co.in website: www.befi.in
(Ph): 033-22254414 / 22365108
4th November 2022
Circular No.57/2022
To all Units, Affiliates. Office Bearers. CC & GC Members
Dear Comrade,
Charter of Demands for 12th BPS
The Charter of Demands (CoD) of BEFI for 12th Bipartite Settlement, finalised from the General Council meeting on 20-21 June 2022 at Kolkata, was submitted to Indian Bank’s Association (IBA) today at Mumbai.
The CoD was submitted to Shri Brajeshwar Sharma, Senior Advisor (HR&IR) of IBA in presence of Shri Sankara Raman, Advisor (HR&IR) and Shri Uttam Sharma, Vice President (HR&IR). Com. C J Nandakumar, President of our Federation; Com. G. M. V. Nayak, President, CBSU and our ex-Office Bearer; and the undersigned was present on behalf of BEFI.
In the CoD, suggestions have been provided to complete the negotiation process within short period. It was further suggested that IBA should come up with reasonably improved offer than 10th and 11th bipartite settlements as bank employees deserve much better settlement for obvious reasons. We feel that during the negotiation, wages and service conditions of LIC, RBI should be taken into consideration. The full text of our Charter of Demands is attached.
With greetings,
Yours comradely
(Debasish Basu Chaudhury)
General Secretary
CHARTER OF DEMANDS FOR 12TH BIPARTITE SETTLEMENT ON REVISION OF WAGES AND SERVICE CONDITIONS
BANK EMPLOYEES FEDERATION OF INDIA
NARESH PAUL CENTRE 53 Radha Bazar Lane, (1st Floor), Kolkata – 700 001
E-mail: gsbefi@gmail.com Website: www.befi.in
4th Nov 2022
The Chairman
Indian Banks ’ Association
Mumbai
Sir,
Charter of Demands for 12th Bipartite Settlement
The tenure of 11th Bipartite Settlement expired on 31st October 2022.
We are appending our Charter of Demands for 12th Bipartite Settlement with reasonable improvement over 11th BPS.
We would request you to start discussion on the captioned subject to reach an early settlement.
Yours faithfully,
(Debasish Basu Chaudhury)
General Secretary
Broad Summary
1. Basic Pay
2. Special Pay / PQP / EQP / FPP/ Officiating Pay
3. Dearness Allowance
4. House Rent Allowance
5. Transport Pay
6. Other Allowances
7. Leave Rules
8. Medical Aid / Hospitalisation
9. Leave Fare Concession
10. Other Service Conditions
11. Superannuation Benefits
12. Bonus/Ex-gratia
13. Compassionate Ground Appointments
14. Definition of Family and Dependents
15. Dependents ’ Income Criteria
16. Loans & Advances
17. Outsourced / Contract / Temporary / Casual Employees
18. Voluntary Cessation from Service
19. Part-Time Employees
20. Retired Employees
21. Expenses while on Transfers
22. Other Suggestions
23. Physically Challenged / Differently abled Employees
24. Ex-servicemen Employees
25. Staff Welfare Scheme
26. Performance Linked Incentive (PLI)
27. Relativity
28. Regional Rural Bank / Gramin Bank
29. General
Introduction
The tenure of 11th Bipartite Settlement, effective from 1st Nov 2017, expired on 31st Oct 2022. Hence, the banking fraternity of the country expects an early introduction of 12th Bipartite Settlement, with effect from 1 st Nov 2022.
The country witnessed unprecedented events during the tenure of 11th Bipartite Settlement, particularly the outbreak of pandemic – a phenomenon never experienced in the past.
In a situation, when the whole country was under lockdown and with total suspension of public transport, the bank employees continued their services to the nation and its people attending the banking outlets throughout under severe circumstances. Apart from the permanent employees, the casual and contractual employees including the Business Correspondents (BCs) put yeomen service, risking even their lives. Huge number of banking personnel, both permanent and temporary, lost precious lives in the process.
The economy of the country, already fragile before the pandemic, further deteriorated as a result of countrywide Lockdown due to stoppage of production as well as joblosses to a great extent. Several economic measures were adopted by the Reserve Bank of India with an aim of improving economic growth of the country. The banking sector of the country played a historic role for implementation of the programme with wholehearted participation of the employees.
The ever increasing expectation of the clientele and different targets set by the top management are putting immense pressure on the employees/officers.Several bank employees, on some occasions during the period, were attacked by the customers within the banking outlets; some were killed also. Some of these employees, unfortunately, were compelled to commit suicide under the circumstances.
The structure of salary depends, mainly, on Basic Pay which is formulated in every settlement by merger of dearness allowance (DA) and loading thereafter. In two successive settlements, 10th and 11th, the loading after merger of DA were meagre 2% and 2.5% respectively, lowest in comparison to LIC, GIC, RBI. Hence, employees suffered huge financial loss on their pay slip components as well as superannuation benefits.
A new pay slip component in the nomenclature of Special Allowance, including DA, was introduced in 10th BPS without consideration for superannuation benefits.
During the 11th BPS, prolong discussion took place on the demand of its merger with Basic Pay. Till certain period, IBA inclined to merge a portion (of 7.75% of workmen employees) with basic pay. But ultimately, the IBA declined to merge even a portion of Special Allowance with Basic Pay and subsequently increased to 16.4% without superannuation benefits. This had also adverse effect on superannuation benefits of the employees as a whole.
Medical Insurance Scheme, in lieu of Hospitalization, was introduced in 1 Oth BPS. It was agreed that similar scheme will be extended to the retirees. Since introduction, during last 12 years, the coverages remaining unaltered, 3 lakh for workmen and 4 lakh for officers, are quite inadequate with steep increase in cost of treatment. The retirees, required to pay premium, are under serious crisis with exorbitant increase in premium. A substantial number of retirees are unable to continue as subscribers of IBA scheme for obvious reasons. It is also observed that the bank managements are not getting involved in the matter of settlements. The TPA, in most cases, are harassing the employees, both serving and retired, depriving legitimate claimsand delaying settlements.
We observe, in several banks, perennial nature of jobs are being outsourced blatantly violating industry level settlement. Contractual and casual nature of engagement in branches/offices have become order of the day in absence of need based recruitment. It is important that sanctity of the signed agreement is necessary as well as continuous recruitment in all cadres for smooth operation. Casual workers engaged in banking services need to be absorbed. So is for the contractual workers including Business Correspondents. In several member banks, employees are recruited in cost to company (C2C) basis. All such employees should be paid with IBA pay scale and henceforth all recruitment are to be made with IBA pay scale only. There should be a time frame for compassionate ground appointments apart from uniform implementation.
Nowadays, a sizable number of the employees are women. Special emphasis is required for improvement of their service conditions and leave matters. Facilities for employees posted in project areas, hills, far-flung and difficult areas need improvement and should be at par with Central/State Government employees. Uniform application of government guidelines for ex-Servicemen employees must be implemented without any further delay. Improvement in leave matters and implementation of government guidelines are necessary for physically challenged and differently abled employees. All part time employees should be made full time.
Lot of discussions since more than a decade have taken place on pension updation which is yet to be made effective since implementation almost three decades ago. During the negotiation for 11th BPS, the IBA, despite initially agreeing to undertake joint actuarial exercise for ascertaining the financial cost, to do so. IBA did not agree to demands for improvements in pension scheme. With pension updation made effective for the employees of RBI in 2019, it has become one of the most important issues.
Defined contributory pension scheme (NPS), in lieu of defined benefit pension scheme (as per Bank Employees Pension Regulation 1995) was introduced in banks for employees recruited on or after 1 st April 2010. Overwhelming majority of serving employees in banks are now under NPS and with superannuation benefits based on equity markets they will be seriously affected by uncertain terms after retirement. As many as three state governments have already rolled back from NPS to old pension scheme with retrospective effect. Some more state governments are considering similarly. It is high time NPS is discontinued with all employees covered under Bank Employees Pension Regulation 1995.
In the prevailing circumstances, the bank employees of the country deserve a reasonable wage increase with suitable improvements in service conditions. There should be marked improvement in financial benefits in comparison to the last two settlements and at par with other financial institutions like LIC, RBI.
We sincerely hope that the IBA will come forward for an early and reasonable settlement.
1. BASIC PAY
- Revision of Basic Pay w.e.f. 1-11 -2022 by merger of Special Allowance along with D.A. payable on Basic Pay and Special Allowance at the average index for the quarter July-September 2022.
- Construction of revised pay scales by loading thereafter at 20% to clerical staff and 25% to subordinate staff.
- Fitment on stage to stage basis.
Stagnation Increments
- Stagnation increments once in 2 years without any ceiling for both clerical and subordinate staff.
- Stagnation increment/s to be given in all cases of reversion from officer to clerical cadre and clerical to sub-staff cadre
2. SPECIAL PAY / PQP / EQP / FPP/ OFFICIATING PAY
- Entry level SWO-A to include duties of SWO-B and existing Special Pay of Rs 1250 to be clubbed with Basic Pay.
- Entry level Subordinate Staff cadre to include duties of Daftary and existing Special Pay of Rs 850 to be clubbed with Basic Pay.
- Special Pay to be revised by merger of D.A and loading as in the case of Basic Pay.
- Further increase in Special Pay amount commensurate with the duties, responsibilities and risks involved in each post.
- Revision of PQP/EQP equivalent to the first stage increment in the pay scale. Revision of FPP on the same lines of revision of Basic pay.
- Sanction of additional increments to Subordinate Staff for acquiring additional qualifications like Graduation, JAIIB/CAIIB.
- Anomaly in denial of additional increments for directly passing post-graduation to be rectified.
- Restrictions in payment of officiating allowance to be removed.
- Formula for computation of officiating pay needs to be revised and made simple.
- Officiating Allowance to be paid for each single day; 7-day stipulation to be dispensed with.
3. DEARNESS ALLOWANCE
- D. A. compensation to be 110% for Clerical cadre and 120% for Subordinate cadre.
- D.A. to be paid based on CPI (2016=100) Index Series instead of CPI (1960=100) Series.
- D.A. to be revised on monthly variation in Index.
- D.A. to be revised on rise and fall of every point in the Index.
4. HOUSE RENT ALLOWANCE
- Revision of HRA rates suitably on the revised Pay.
- Areas / population group to be re-classified and based on latest census figures.
- Treating peripheral areas of metros including National Capital Region, Urban Agglomeration, Greater Areas at par for payment of HRA.
- Introduction of Leased Accommodation facility to employees.
- Payment of HRA on Capital Cost/Rent Receipt basis up to 150% of normal entitlement.
- Payment of HRA to employees residing in Bank’s Quarters after recovery of standard rent.
- Revision in HRA rates atplaces based on mid-census population figures.
- Revision in HRA at project area centres.
- Payment of HRA to employees of Project Area who does not reside in accommodation provided by Bank.
5. TRANSPORT PAY
Existing Transport Allowance to be substantially increased without ceiling along with D.A thereon.
6. OTHER ALLOWANCES
- Adequate increase in all existing Other Allowances.
- Adequate increase in Halting Allowance / Reimbursement of Lodging Expenses.
- Introduction of Education Allowance
- Introduction of Closing Allowance, Mid-academic Year Allowance, Discomfort Allowance for staggered / odd-hour duties.
- Extension of allowances paid to Central / State Government Employees like Disturbed Area Allowance, Island Allowance, Agency / Tribal Allowance, Remote / Difficult Area Allowance, etc.
- Extension of North-East incentive as per 6m Pay commission and as extended to RBI employees inNorth-East / Sikkim.
- Far-flung / difficult areas in Uttarakhand to be paid Special Area Allowance at par with Leh / Ladakh etc.
- Hill allowance to be given to all Districts where State Governments are paying Hill Allowance.
- Officiating Allowance to be paid for each single day; 7-day stipulation to be dispensed with; shall be minimum 20% of emoluments of the absentee.
7. LEAVE RULES
Improvements in Leave Rules.
Casual Leave
- Casual leave to be increased to 18 days.
- Unavailed Casual Leave to be sanctioned without medical certificate.
Privilege Leave
- Accumulation of Privilege Leave to be increased to 300 days.
- 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.
- Employees to be permitted to avail Privilege Leave on 6 occasions in a calendar year.
- Annual Encashment of 10 days irrespective of length in service.
- Privilege leave availed, irrespective of number of days, on grounds of sickness on production of medical certificate be allowed without being counted as an occasion despite having Sick Leave in credit.
- Employees to be permitted to avail their privilege leave on production of sickness certificate even in cases of illness of their family members residing with them.
- Privilege Leave encashment to be permitted in case of loss of job due to punishments / resignations.
- Notice period for availing privilege leave should be reduced from 10 days to 7 days.
- Intervening holidays falling in between the leave period should not be counted as Privilege Leave.
Sick Leave
- One month sick leave for every completed year of service, without any ceiling.
- Submission of medical certificate be waived for availing sick leave for small ailments like fever, flu etc, for maximum period of 5 days. For this, number of occasions in a year may be stipulated.
- Employees to be permitted to avail their sick leave on production of sickness certificate even in cases of illness of their family members residing with them.
- Special sick leave over and above the normal eligibility for treatment of cancer, renal failure, major accidents etc. and in cases, where all leave has been exhausted.
- Intervening holidays falling in between the leave period not to be counted as Sick Leave.
- Sick Leave may be granted to Women employees to look after sickness of a Child upto 12 years of age; number of days to be increased.
Maternity Leave:
- A female employee to be granted maternity leave, for legal adoption of child, up to one year within the overall entitlement for a Child upto 5 years of age.
- Over and above the maternity leave, another 60 days to be given to cover cases of hysterectomy.
- Maternity leave to be of 2 years in service period for women employees and for 1 year on one occasion for one child.
Paternity Leave:
- Paternity Leave to be extended to 3 0 days per occasion.
- For adoption, maximum age of the Child to be increased to 5 years.
Child Care Leave
- Child care leave on the lines as available for government employees to be extended to bank employees also.
Sabbatical Leave
- Eligibility of service to be reduced to 2 years.
- Notice period to be reduced to 15 days.
- Sabbatical Leave to all employees up to 4 years in the entire service, may be availed on two occasions, with service benefit on the line available to Central Govt employees.
- Conditions to be relaxed
Study Leave
- Introduction of study leave for maximum period of 3 years for employees to pursue higher studies.
Special Leave for Office-bearers
- Special leave provided for office bearers to be enhanced both for number of days in a year and number of office bearers.
- Provision of Duty Leave to Office-bearers for attending conciliation meetings / labour courts / tribunals / labour training programmes, etc.
Extra Ordinary Leave:
- Extra Ordinary Leave to be allowed upto 180 days per occasion within overall limit.
Leave Bank
- Leave Bank concept to be introduced with suitable modalities with sole object to help colleague employees in distress due to terminal diseases and having no leave to their credit.
Special leave
For sports, etc.
- Provision to be made for special leave for sports activities, trekking, mountaineering, etc. to those employees, who take part in approved competitions / programmes.
When an employee dies after major ailments
- In case of death of the employee on account of terminal diseases or prolonged sickness, the period of leave on loss of pay to be treated as special leave with pay.
Women employees
- Special leave with pay to women employees for menstrual complexities.
Weekly Holiday
- All Saturdays be declared as Holidays.
8. MEDICAL AID / HOSPITALISATION
Medical insurance scheme.
- Since introduction in 10th BPS, the Scheme has not been reviewed at industry level. Review of the existing scheme is suggested.
Defined common guidelines to be issued for availment under Buffer Category - Buffer amount to be increased substantially.
Annual medical aid:
- Substantial increase in annual medical aid amount due to escalation in cost of doctor fees, medicines, pathological examinations etc.
Health check-up:
- Reimbursement of health check-up expenses, at least to those above 35 years of age.
- Periodical eye checkup for those who operate computers and reimbursement of protective spectacles with high quality anti-glare lens.
- Executive health check up for all workman employees beyond 40 years of age.
9. LEAVE FARE CONCESSION
- Improvements to be made in LFC scheme on distance, class and mode of travel etc.
- LFC to visit abroad to be permitted.
- One more option for change of periodicity.
- Package tour to be allowed within overall limit.
- Partial encashment of LFC to be allowed.
- Reimbursement of expenses on Road Travel Actual Road Mileage cost or Rs 15/- per KM whichever is less.
10. OTHER SERVICE CONDITIONS
- The lump sum amount available to an employee for serving in deployed centre to be increased to Rs. 2000.
- On duty j oumey entitlement to be 2-tier A/c for all the trains.
On transfer
- Transportation of personal effects by road by an IBA approved transport operator to be permitted in all cases.
- To increase the stipulated weight up to 5000 kgs.
- Compensation due to breakage or damage to be increased to Rs. 3000/- on production of receipt and Rs. 2000/- in case no receipt is produced at uniform rate for Clerical cadre and Subordinate cadre.
- Suitable allowance to be introduced when an employee is transferred on request.
11. SUPERANNUATION BENEFITS
Provident fund
- Bank’s contribution to be enhanced to 14%.
Gratuity
- One month’s ‘Pay’ for each year of service rendered without any restrictions.
- Last drawn ‘Pay’ or 12 months average Pay, whichever is higher, to be taken for computation of gratuity.
- For Gratuity, the existing ceiling on exemption limit for Income Tax to be removed.
Pension related issues:
- NPS to be withdrawn and all employees joined since 01 -4-2010 to be covered by old scheme under Pension Regulation 1995.
- Periodical pension updation along with wage revision.
- Basic pension of all existing pensioners to be updated at the same index level like Basic Pay of serving employees viz July-Sept. 2022 average.
- DA revision / change on pension to be at par with serving employees.
- Extending 2- option for pension to employees who resigned between 1995 and 27.4.2010.
- One more option to be extended to the CPF optees to Old Pension Scheme.
- Qualifying service for full pension to be 20 years.
- Average of 10 months or last drawn ‘Pay’, ‘whichever is higher’ to be considered for calculation of basic pension.
- Service rendered in Defence, if not counted for Defence pension to be added in bank service for payment of pension.
- Additional pension to be given to the surviving pensioners after completion of 80 years of age and more as per slabs in line with Central Government employees.
- Restoration of commutation after 12 years.
- Incorporation of provision in Pension Regulation in synergy with Clause 6 (b), 6 (c) and 6(d) of settlement dated 10.4.2002.
- Extension of Para-368(17) of Sastry Award to Pension Optees.
Family Pension
- Restoration of lower ceiling on amount of monthly Family Pension.
- Full pension as family pension for 10 years or up to the age of 70 years whichever is earlier.
- Payment of Family Pension to unmarried / widowed daughters for life and if spouse and daughters are not available then to parents.
- Disbursement should start within 3 months.
Cost on superannuation benefits should be outside and over and above the negotiated wage cost.
12. BONUS / EX-GRATIA
- Bonus Act to be amended to remove the existing eligibility ceiling and Bonus to be paid to all employees.
- Till the Act is amended, Ex-gratia in lieu of bonus should be paid to all employees.
13. COMPASSIONATE GROUND APPOINTMENTS
- Compassionate ground appointments to the family member of the employees who die in harness to be suitably revised without further delay.
- No arbitrary restriction in the number of Compassionate ground appointments.
- Application by dependants of expired employees who died from Covid-19 must be considered without any restrictions and released with priority within a specific time frame.
14. DEFINITION OF FAMILY AND DEPENDENTS
- ‘Family’ for the purpose of hospitalization / Leave Fare Concession to include brothers till they attain 25 years of age who are ordinarily residing with / wholly dependent on the employee.
15. DEPENDENTS’INCOME CRITERIA
- Amount for defining dependents to be increased from Rs. 12000/- to Rs. 25000/- per month.
- No income criteria for those dependents who are pensioners.
16. LOANS & ADVANCES
- Increase in quantum of interest free festival advance to 1 month Gross salary uniformly in all banks.
- Introduction of Education Loan scheme to wards of employees for pursuing graduate/post-graduate education etc., under concessional rate of interest.
- Housing loan in case of death of an employee to be written off. Insurance Premium to be borne by banks.
- Housing Loan to Staff members to be substantially increased at nominal interest,uniform in the industry.
17. OUTSOURCED / CONTRACT / TEMPORARY / CASUAL EMPLOYEES
- All types of outsourcing of regular permanent jobs to be withdrawn which are not covered by existing settlement provisions.
- All temporary / contract / casual / outsourced employees to be absorbed.
- Equal pay for equal work for contract workers as per judgments of Hon’ble Supreme Court.
- All business correspondents may be absorbed/recruited as permanent employees.
18. VOLUNTARY CESSATION FROM SERVICE:
- This Chapter needs to be deleted in view of court judgments.
- Those who were removed from service under this clause to be extended a chance to appeal.
- Those who have been treated under this provision to be covered under pension scheme and pension to be sanctioned to them.
19. PART-TIME EMPLOYEES
All part time sweepers / safai karamcharis to be converted to full-time sweepers.
Permanent Part-time employees on Consolidated Wages prior to 1.5.2010 and made l/3rt wage recipients from 1 -5-2010 to be covered by Pension Regulation 1995 and not under NPS.
Improvement in fitment formula of part-time employees on enhancement to higher-scale/full-scale wages.
20. RETIRED EMPLOYEES
- LFC reimbursement to be extended to retired bank employees.
- Interest free Festival Advance to be introduced uniformly in all Banks.
- Ex-gratia to pre 1986 retirees / widows to be revised.
- The percentage of allocation towards welfare schemes of retirees to be uniformly defined.
- Free annual Health check up including spouse.
- Medical Insurance premium of Retired employees to be borne by Bank and to remain fixed for at least 3 years.
21. EXPENSES WHILE ON TRANSFERS
- Transportation charges on transfer to be reimbursed in full by any mode.
- Packing charges to be reimbursed.
- Hotel accommodation for 6 days with halting allowance on transfer of an employee.
- Travel expenses and Joining Time to be allowed to employees on their transfer to another station.
- Road transport charges to be revised.
- Breakage charges to be increased.
22. OTHER SUGGESTIONS
- Streamlining and defined business/banking hours within working hours.
- Deletion of Para 536 of Sastri Award
- BSRBs to be revived.
- Personal drivers in the Banks to be regularised.
- All existing vacancies due to retirement/ death/ resignation/ promotion must be filled up.
- Separate washrooms for women in all branches/offices without exception.
- Declaration of Bank Holidays on 8th March and 1st May in all states for International Women’s Day and International Workers’ Day respectively.
23. PHYSICALLY CHALLENGED/ DIFFERENTLYABLED EMPLOYEES
- Government guidelines on concessions to such employees in transfers / rotations / postings, etc. to be strictly followed by all Banks.
- Revision of conveyance allowance paid to these employees as per Govt. Guidelines.
- 25 days CL for physically challenged employees.
- Full pension to physically challenged employees at 50% of Pay irrespective of service rendered.
24. EX-SERVICEMEN EMPLOYEES:
- Uniform and consolidated guidelines in commensurate with that of the Government to be issued for fixation of emoluments of Ex Servicemen joining the Banks.
25. STAFF WELFARE SCHEME:
- The formula / quantum for allocation from profits for the Staff Welfare Fund to be revised/increased and to be based on operating profits.
26. PERFORMANCE LINKED INCENTIVE (PLI)
- Based only on Operating Profit irrespective of y-2-y increase without considering net profit criteria with minimum 15 days pay out.
27. RELATIVITY
- While finalizing Pay Scales and other service conditions, the relativity with other industries including the financial sector to be kept into consideration.
28. REGIONAL RURAL BANK / GRAMIN BANK
- Extension of benefits of Special Pays / Other Allowances to Regional Rural Bank Employees at par with Industry level agreement.
Implementation of Industry level Pension Agreement in the Regional Rural Banks without any deviations.
29. GENERAL:
- The Settlement to be effective from 1-11 -2022 for 5 years.
- Unions reserve the right to alter, amend, add, delete or revise the demands in due course.