Anonymous
Dear All, Just wanted to know if a female employee refuses to work in Night Shift /odd hours is considered a case of insubordination and termination.
The person's offer letter does not talk about the night shifts and assuming there is no health issues what should the course of action be? Not only night, but she is also forced to work a complete day shift, then a couple of hours rest then again night shift (With no overtime nothing), again a couple of hours rest, and then day shift.
The office though is a government institution but comes under the Public-Private-Partnership model.

From India, Delhi

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saswatabanerjee
2356

First, the action is completely illegal.
No person can be asked or allowed to work more than 9 hours on a single day or work 3 shifts with just a bit of rest in the middle. It violates shop & establishment act (since you are an office) as well as Factory Act.

Shop & Establishment Acts in general, do not allow women to work in the night shift without specific approval (and in most cases beyond 7:30 pm)

Further, both the acts require you to pay overtime for work beyond 9 hours in a day or 48 hours in a week. there is no exception in either act for managers either.

The employee, whether male or female, is completely within her rights to refuse to work in the manner specified. You can not consider it insubordination and on the other hand, the lady in question can file a case against you both in the labour court as well as in the tribunal applicable for government employees

From India, Mumbai

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