Factories Act - can an employer insist every worker that by rotation have to work during night shift? - CiteHR
Mnsahu
General Manager, Corporate Hr
Thiyagu995
Employee
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Shah01ankita
Talent Acquisition / Consultant - Catalis
Couvery
Consultant
Vishnupriya S
Digital Marketing
+4 Others

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Dear sir Please let me know relevant provision
When the workers of the factory are rotated, some of them are not willing to work during night shift,
can an employer insist every worker that by rotation have to work during night shift - any rule in this regarding?

Dear Hekarthik,
If any worker is refusing any lawful order of management it amounts to misconduct under the standing order. You can frame one or more charges of misconducts depending upon how you make your case. But before doing it, you must see following:
1. Your factory has a permission to work in night shift. (Please check your state rules);
2. Insure the notice of period of work is displayed by you and copy of same is submitted to the authority;
3. Check the provisions regarding shift working in your standing order.
4. In case standing orders are not applicable, insure that you have a written document on rules and regulations of employment, which may help you.
Before framing charges, it is advised to issue show cause notice to such employee.

Dear sir, In case of a individual employee is having the Problems to work in night shift might be domestic and physical problem can be considered as him for General shift. with regards ilangovan
Fully agreed with Keshav, you should first check following:
1. You should have permission to carry out 24*7 operation which is granted by state government u/s 64 (2) (d) of factories Act. State government makes rules thereunder and classify the factories and nature of work as continuous process.
2. Form 11 (Notice of period of Work) should be displayed at factory and a copy of same should be submitted before the chief inspector of factories or the designated authority for approval.
3. Your Standing order should contain shift working clause.
Regards,
Manvendra.

Dear Hekarthik
Korgaonkarji and Manvendra have given excellent clarification from law point about your query.
Now it is also advisable to first explore conciliatory approach rather than resorting to disciplinary mode. As mentioned by some member, if there is some genuine reason you can explore possibility of "mutual shift change" as there are workmen who prefer Nigh Shift as they get full day at their stake for their personal work, especially those who are entrepreneurial always look for night shift.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65

Well, I think it depends on the requirement of the project and based on that employees moves in to different shifts. Also, there should be proper understanding between employees and employer and I do not think that there's any rule regarding the shifts.
I have one query regarding this topic - Is there any rule for giving compulsory a night shift allowance. Kindly guide. Regards Govind Pawar
Dear Govindji,
Giving night shift allowance is a humanitarian gesture from management's perspective, since the employee is doing duty whole night and to overcome sleep, the employee has to keep himself in good stead. Due to change in sleep cycle, the employee has to put more efforts to keep himself awake. Employees in night shift are generally provided with snacks to substantiate depleting energy levels.

Dear Govind,
There is no comulsion to pay night shift allowance. There is no specific rule/provision under any law for night shift allowance.
It is the prerogative of management to formulate the policy/guidelines to pay the NSA. Generally it is an expressed practice across industries to pay NSA which varies from industry to industry.
Regards,
Manvendra.

Just a different view,

When you hired these workers, did you mention them about the rotation in the shift or you are now awakened and want to implement and amend you rules?

If you had beforehand informed you employees while joining itself that they are to work in rotational shift and can prove that you can ask the employees to obey you or initiate the standing orders as suggested by a learned contributor above.

If however, nothing as such was mentioned and the person was expected to work in general shifts when he was hired and now there is this change, you ought to consider the person's view point. Any amendment needs to be addressed to the employees. We do not know if all will welcome this move. Every person might have his own personal reasons for not coming in the night shift.

Again this is my perception. More so because we always claim that the employment is at free will from both sides. So how can we compel employees to adjust to our terms and conditions? Again as I previously said, if these employees were told that they are expected to work in rotational shifts then they should not step back.


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