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Dear Sir,

We are a Co-Operative Bank. My question is: in a Co-Operative Bank, can security guards with guns serve the bank for up to 10 years? Please advise on the maximum number of hours per day that the above-mentioned employees can work.

Please reply. Thank you.

From India, Ahmadabad
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For anyone, irrespective of their position, it will be 8 hours out of 48 hours. The only thing is that you can pay OT for the remaining hours, but my advice is, being a bank, it is better to deploy the guards for only 8 hours. Otherwise, there is a chance that people will get tired and be unable to concentrate on their work.

With best regards,
Kameswarao

From India, Hyderabad
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Thanks for the prompt reply, Sonali. But we are assigning 12-hour shifts to our permanent gunmen/security guards. Now, they are demanding more pay or fewer duty hours. What does the labor law say about this particular situation? Thanks in advance. :icon14:
From India, Ahmadabad
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Thanks for the prompt reply, Kameswarao,

We are currently assigning 12-hour shifts to our permanent gunman/security guards. Now, they are demanding either more pay or fewer duty hours. What does labor law say about this situation? Thanks in advance. :icon14:

From India, Ahmadabad
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It is better to reduce the hrs and have an extra person who also works for 8 hrs. 12 hrs of working reduces the efficeincy level why pay extra stick to legal grounds. Sonali
From India, Thana
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From India, Ahmadabad
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Hi Mukesh,

As per the labor law, 8 hours of duty per day or 48 hours per week is the norm. Additional hours can be given as overtime (OT). However, in practical terms, security guards often work for 12 hours. Hence, it will be the Board's decision on how to proceed.

According to labor law, you cannot reduce the bonus as it is a legal compliance, regardless of whether it is mentioned in the Service Letter or Appointment Letter. Since the bank provides a closing allowance, the Board may consider reducing it.

Given that it is a bank and always at risk, it is advisable to have 8-hour shifts per day for security guards to prevent fatigue and allow them to focus on their duties.

I understand that cost-cutting is important, but it should be done sensibly. For any further clarification, you can contact me at raakeshmishrasecure@gmail.com.

From India, Mumbai
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Dear Rakesh,

I really appreciate your prompt reply.

Rakesh, further, I need some clarifications on the same subject. Sir, we have appointed security guards before 10 years back; ours was a newly opened Co-op Bank Ltd. Since then, the above guard has been serving the Bank for 12 hours per day. The appointment letter and Bank's rules were silent about working hours, and he was doing duty for 12 hours till date, getting two closing allowances. Our all other staff is not getting any sort of overtime as and when the Bank requires late-hour work, and all staff are getting two closing allowances in lieu of overtime, i.e., two salaries per annum.

In light of the above, now he is claiming overtime beyond 8 hours duty. Please guide us on whether we should give an 8-hour duty order by giving a fresh order by not giving two closing salaries to him or suggest an alternate way.

Please guide us on the same...

From India, Ahmadabad
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From India, Ahmadabad
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Dear Mr. Mukesh,

I think you should definitely go through the labor laws and Minimum Wages Act applicable to your state. I have been in industrial security management for almost 10 years. According to the rules, there should be one day off for every 6 working days. There are elaborate rules and regulations concerning every trade as per the Minimum Wages and Labor Act.

Regarding employees' working hours, it is mandatory that the minimum working hours are 48 hours per week or 8 hours per day regardless of the trade an employee is working in. You must also comply with other welfare measures for your management team in consultation with the top management policies. Additionally, it is unclear whether the employees are your own or outsourced.

Regards,

V. Rangarajan.

From India, Pune
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Dear Mukesh,

Giving other allowances and tempting him to work extended hours is not good. It is the right of the security guard to either accept or reject the offer. The minimum input per shift is 8 hours, and the maximum overtime depends on his commitment and can't be dictated.

As Sonlai and Rakesh had rightly mentioned, 'physical fitness' for extended duty plays a major role. Cost-cutting is okay but not at the cost of the bank customers' risk. At the height of cost-cutting, a bank shouldn't go without a guard for a specific time. This concept would attract trained gangsters to make use of their talents. It is 'Penny wise and pound foolish'. Better to have two for continuous duty.

Regards,
Chandru

From India, Madras
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Dear Mukesh,

It is the role of HR to advise management. As most of our friends have suggested, it is better to restructure the salaries/wages, the duty hours, and issue a fresh order to all related employees. It is advisable to restrict all employees to 8 hours, at least up to staff cadre, as these cadres are the ones covered by all labor laws. By doing this, you are focusing on output orientation, employee satisfaction, and compliance with statutes.

Prepare a document outlining all the pros and cons of the existing system, specifically addressing the violations of labor laws, employee productivity, and business risks. Submit this document to management, and ultimately, it is their responsibility to make a decision; failing to do so, they will be accountable for the consequences.

With best regards,
Kameswarao

From India, Hyderabad
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Dear Sir,

You have not mentioned the location of your bank. However, as a commercial establishment, you will have to abide by the provisions of the Shops and Establishment Act of the respective state. The working hours for security guards shall not exceed 8 hours a day or 48 hours a week. I also request you to refer to the act.

Regards,
Avinash Kanoray

From India, Pune
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Hi Mukesh,

First, let me know where your facility is located. Are you situated in any of the ten districts of Maharashtra where the Security Guards Board exists, including Mumbai? The basic requirement is that if you are scheduling a 12-hour shift for your gunmen, you must pay for 8 hours at the minimum wage rate and an additional 4 hours as overtime, ideally at double the basic wage rate plus Dearness Allowance (DA) combined.

Regards,
Sanjiv Shrivastava
Email: shrivastava.sanjiv@gmail.com

From India, Mumbai
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Dear learned friends, I have a few queries regarding the above discussion.

1. What is the fallout for the security agency if its security guard has requested to be deployed only at establishments/projects where he works for 12 hours and receives wages accordingly?

2. Is he now, after voluntarily seeking and accepting the said working hours, legally entitled to claim overtime after a period of, let's say, 5 to 6 years?

Thanks

From India, Noida
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