RBI Master Circular on Industrial Relations

• This document is a Master Circular from the Reserve Bank of India (RBI) regarding industrial relations, dated April 1, 2024.

Introduction

• The Industrial Disputes Act of 1947 applies to the Reserve Bank of India.
• Terms and conditions are governed by various awards, bipartisan agreements and RBI regulations from 1948
• The industrial relations process in the Bank is governed by the Industrial Disputes Act, 1947.
• The All India Reserve Bank Employees Association (AIRBEA) represents Class III employees.
• The All India Reserve Bank Workers Federation (AIRBWF) represents Class IV employees.
• The bank holds discussions with AIRBEA and AIRBWF regarding all India issues
• Instructions cover handling different forms of employee agitations and strike actions.
• Instructions cover absence regularization for AIRBEA/AIRBWF, TA/HA grants
• The circular compiles all instructions into a single document

Code of Discipline

• The Code of Discipline, with clarifications, was agreed upon in 1966.
• It was a tripartite meeting between the Labour Ministry, Government of India, the Reserve Bank of India, and union representatives.
• It aims to maintain discipline in both public and private sectors.
• Employers and workers must recognize each other's rights and responsibilities.
• Both sides have obligations to discharge
• Central and State Governments will examine and rectify shortcomings in their labor law administration machinery.
• Management and Unions agree to avoid unilateral actions on industrial matters.

Union & Management Agreements

• Existing dispute settlement should be used with speed
• There should be no strikes or lockouts without a 14 day notice
• There should be mutual negotiation, conciliation, and voluntary arbitration
• Neither party will have recourse to coercion, intimidation, victimization, or go-slow tactics.
• Constructive cooperation between representatives and workers
• Grievance procedures must ensure speedy and full investigation
• Parties must abide by grievance procedure and avoid arbitrary actions that bypass it.
• Management and workers must educate each other on their obligations.
• Management agrees not to increase workloads unless agreed upon.
• There must be no support for unfair labor practices.
• Rights of employees to enroll or continue as union members must exist
• There must be an absence of discrimination, restraint, or coercion employee because of trade union activity.
• Unions/Management must be victimisation of any employee and abuse of authority in any form.
• There must be prompt action for settlement of grievances.
• Implement awards, settlements, decisions and orders
• The provisions of labor enactments, awards & settlements will override the Code.
• Temporary allocation of work due to emergencies is allowed.
• Unions must refrain from physical duress, unpeaceful demonstrations, and rowdyism.
• They must not encourage employee involvement in union activities during work hours.

Definition of Competent Authority

• Authority to implement this Master Circular lies with the Regional Director/Officer-in-Charge.

Agitations

• Staff agitations may include demonstrations, late attendance, work-to-rule, refusal of overtime/promotions/transfers, work stoppages, mass casual leave, and strikes.
• Strategies and steps should maintain efficient service, within Central Office guidelines.
• Guidelines are in an Action Plan from November 7, 1983, to be kept by the Regional Director/Chief General Manager.

Demonstrations/Deputations/Dharnas/Gheraos, etc.

• Observance of staggered lunch hours
• A fresh office order may be re-issued for lunch hours
• Wage cuts should be effected if not adhered to
• No wage cuts if demonstrations occur at same time during lunch

Concerted Late Attendance

• Employees cannot attend office more than 15 minutes late.
• Late employees should get a proportional wage cut.
• No work given to employees > 30 mins late attending office.
• If employee leaves after signing the muster should be marked absent

Go slow, work to rule, etc.

• Employee performance monitored for 2-3 days
• Advisement given if work not completed or attended to
• Proportionate wage cuts occur on a "no-work-no-pay" basis.
• It is necessary to establish the possible loss of work.

Action in case of strike threats

• Inform Assistant Labour Commissioner (ALC) of strike notice receipt immediately
• Conciliation starts when the Conciliation Officer receives notice.
• Illegal strikes occur when the strike takes place without a 14 day notice, conciliation proceedings underway and seven days after conciliation processes end.
• Issue a circular to employees to avoid joining the illegal strike and display the circular in notice boards.

Maintaining Public Services During Strikes

• Efforts to ensure government departments, etc. are rendered at all times
• Bank premises should be kept open.
• Arrangements should be made for normal functioning of all departments including Clearing House.
• Offices should contact State Government for police or Home Guard assistance.
• Bank work should be done with whatever assistance is available.
• Home Guards can help by being stationed at taking out papers /files by the cupboards
• Staff/officers not on strike should work normally following standard office days
• In-charges should make sure for ensuring the work does not come to a complete standstill on strike days.

Providing Strike Information

• New Delhi Office and HRMD must get information on arrangements for security, public service, Clearing House operations, and attendance.

Regularizing Strike Absence

• Absence of employees for strike participation is regularized by Extra Ordinary Leave (EOL) pay and allowances not counting for increment.
• Employees who applied for sanctioned leave may be approved at discretion.
• Employee leave applications after a strike requires individual review considering various factors
• Staff Regulations 39(2) can be applied if multiple employees have medical reasons
• Absences due to picketers preventing entry may be regularized with admissible leave.
• This does not apply to illegal strike (see below)

Consequences of an Illegal Strike

• Employees not entitled to wages.
• Illegal strike invites disciplinary action where legal strike does not
• Deduction of wages on "no work no pay" principle.
• A strike which is illegal cannot at the same time be justified
• Employer is entitled to deduct wages/take disciplinary action.

Absence for bandh

• Employees participating or not submitting leave applications may receive Extra Ordinary Leave (EOL) without counting increment.
• Employees unable to attend due to transport or intimidation may receive admissible leave.

Wage Cuts for Work Stoppage

• Even with right to full wage-cut for non-performance, proportionate wage cuts can happen
• A draft order of office may be issued for the occasion, as furnished in Annex - 2

Protected Workman

• Each Union requests for office bearers to be considered
• Regional Offices (ROs) will fix a date to recognize individuals as protected workman
• ROs can address a letter where recognition letters should be sent
• The letter should be accompanied with filed Central Trade Union certifications
• Authenticated the membership figures

Check-Off Facility

• Extends to all unions/associations under the Trade Unions Act, 1926
• The employees must be members of trade units from 1926
• Authorities must act respectively, give letters to the officer charge of deduction
• Only one check off permitted at any time
• Subscriptions must be credited to cooperative accounts
• Changes can only occur if authorized by the executive counsel

Trade Union Absence Regularisation

• Special Casual Leave for BEFI/AIBEA conference attendees and Class III employees to BEFI state conference

Central Executive Committee/Central Committee/General Council Meetings/ Conference of AIRBEA/AIRBWF

• Director may approve Casual leave to members attending these events

Conciliation meetings

• Discussions must stay within agreed upon items.
• The agenda must first be submitted by the associations/unions
• Limited copies must be provided to the Department of Human Resources

Allowance Payments

• The Central Office advised to book their entitled rail tickets – The representatives from AIRBWF are generally permitted to travel 1st class.
• The Present and general secretary will be able to travel by air.
• Halting allowance can be applicable for all reps and office members
• Lodging and lodging surcharges should be provided if under required terms

National or industrial tribunals

• A minimum number of representatives from the two regions may be treated on normal duty and may potentially receive allowance from the central office

Review of Systems and procedures

• Establish whether policies are economical profitable and convient
• If there is any labor action no action is held as illegal
• Articles and furniture such as chair table may be put upon to recognize other units

Unrecognised Trade Unions

• Any letters being submitted will first go to a private secretary
• Demands are generally submitted to a central bank

Preservation Period

• Files related to labor relations will be under these terms
• Memorandum signed is permanent
• All Correspondences on industrial agreements will be permanent but minor correspondences last five years

Office circular text

• In case employees act with strike this is intended to the notification sent against action of this nature

Office Order text

• if after attending employees are still striking action of this nature would receive no allowance

Annexes

• Annex 3 mentions that the extracted section is by industrial dispute act Eligibility of delegates for conferences are for unit members