Worker Denies The Allocated Shift And Attends Duty In The Shift He Wishes - CiteHR
Saswatabanerjee
Partner - Risk Management
Kritarth Consulting
Spl Educators Posh Programs; Hr & Ir
Adoni Suguresh
Sr.executive (per & Adm)
Kuldipsri28
Self Employed
Nashbramhall
Learning & Teaching Fellow (retired)
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Citizen1502
Manager - Corporate Hr
Joshi_shashikant
Manager-hr And Admin
+1 Other

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If a worker is supposed to attend his duty in one shift. But, had some unjustified reason that which cannot be compromised by the management, and if the supervisor or incharge denies his request for shift change. Still, if the workman comes in the shift he wanted to come in, despite from the disapproval of his incharge, is the worker eligible for the payment of that day?
Also suggest me the referring Labour acts in India, and if there is any specific clause for labour acts in Maharashtra. Please support
It is always better to settle differences by dialogue across the table with the concerned worker. Find out whether the workers request is on justified grounds and can be accommodated or whether the denial of his request is based on ego positions on either side or on administrative necessity of the organisation.It is not proper to deduct wages for this since he is working in a different shift.However it does not mean that indiscipline shall be allowed, as the refusal of the worker to work in a particular shift despite instructions amounts to willful insubordination, calling for disciplinary action.However before taking a call on disciplinary action, you need to asses the risk analysis of your industrial relations atmosphere. If the workers are unionised, they may try to agitate over the issue.So test the waters first by issuing a memo asking him to report for the assigned shift and if he again refuses, issue him a show cause notice calling for his explanation as to why disciplinary action shall not be taken against him and depending up on further developments. you can issue a charge sheet and conduct domestic inquiry. By now the employee gets the message that the management is serious about indiscipline.and mostly will comply with your instructions. But ensure that it doe snot burst into an industrial relations problem and you need to exercise tact when to control the situation.

B.Saikumar


When company is running only in one shift, how can heattend duties in other shift? Without doing any work in other shift, why should he be paid?
Dear Guidance Seeker
The incident as you related is an act of Misconduct for which you should aid and advice your Employer / Appointing Authority /Punishing Authority to initiate Disciplinary Action as per your Standing Orders. Deciding the Hours of Work /Duty Timing of a Workman/Employee is Management's Prerogative and is Non-Negotiable.
And where is the Question of allowing that Worker to report for Duty on her/his will ? What Management control ? Prevent recurrence of such or similar act of Gross Misconduct else the Work Environment gets vitiated and out of control
Contact Kritarth TEAM For Corrective Action
Kritarth Consulting
info@kritarth.in
Bengaluru Service Centre
13.9.16

Chaitanya, can you p;ease provide the full details of the case ?
The members can't be expected to guess what the situation and the facts are.
If you put a vague post the answers will be suboptimal or even misleading to your particular situation

Dear Chaitanya, As suggested by other members if you could give us a exact details in terms of your requirement with clear details we could help you out. Perception differs from reality.
I assume there is a miss somewhere, firstly you state that the worker has asked for a shift change for which the supervisor has denied, thereafter you states that the company is running only one shift, so if a company runs only shift how come the worker demand a shift change is not known to us. Please elaborate your query to give appropriate view.
Company runs in only one shift. But every week it alters. Example if week 1 runs in 1st shift, the next week it runs in 2nd shift and so on. I just wanted to know the acts from labour laws which would be applicable when a workmen denys the alotted shift and comes in the shift(the shift in which company is not running) he wanted to come in. And does the work(company related but not alloted to him) he likes and goes back home. As he did the company job, should he be paid? Or as he refused to come in the allotted shift, he should be punished?what acts are applicable here?
This is a case of code of conduct (misconduct) which has to be dealt accordingly, here the act is not applicable. As told by Mr. Saikumar initially counsel him that he has been hired for a specific reason and has to act accordingly, if he still does the same then initiate disciplinary action against him

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