Anonymous
I am Working on consolidated pay and recently i was asked to work on shifts. the timings are A-Shift: 08am to 04pm, B-Shift: 12.00pm to 8.00Pm, C-shift: 04.00pm to 12.00am. and i am coming to my office from a distance of 30km and after 8.00pm there will be no transport available to go home after shift hours, and not providing any transport. My office is giving me an amount of Rs. 50/- per day as night shift allowance only on C-shift working days in a month. Does the above content come under any act or sections in law. Is my office following rules as per law are not. Are there any special provisions in labour law for such allowances. Can i question them?
From India, Visakhapatnam
Madhu.T.K
4193

Working in shifts is usual practice in any industry. But companies which work midnight shifts use to provide transport facilities to the workers. Otherwise, there would be some arrangements for the workers to stay after the night shift so that workers who ends up the work at 12 o'clock shall remain there and go home when transport operations resumes. Those who have to start their 12.00-8 shift can also reach the plant before the public transport ends at night and take rest for a few hours before they start their work. Shift allowance is a monetary compensation for mental and physical disturbances while attending night shifts. That will not actually compensate the actual loss caused to the workers in the absence of transport facilities.

There is no specific mention in any Labour Act about the rights of the employees (male employees, I would say) to have transport facilities. But there will be settlements between the employer and the Trade Union over this. Such settlements would form part of their service conditions also. If there is any violation, that can be questioned. But in the absence of any such settlements or condition as part of contract of employment, you cannot claim it as a matter of right.

From India, Kannur
Pocket HRMS
8

Yes, the above content comes under the Factories Act, 1948 and the Shops and Establishments Act, 1956.

The Factories Act, 1948, regulates the working hours and conditions of employment in factories. Section 54 of the Act states that the daily working hours in a factory cannot exceed 9 hours. However, with the permission of the Chief Inspector of Factories, the working hours can be extended to 10 hours per day, but not more than 50 hours in a week.

The Shops and Establishments Act, 1956, regulates the working hours and conditions of employment in shops and commercial establishments. The Act does not specify a maximum number of working hours in a day, but it states that no employee shall be required or allowed to work for more than 48 hours in a week.

In your case, your employer is asking you to work for 9 hours in a day, which is legal under the Factories Act, 1948. However, the Act also requires the employer to provide transport to the employees if they are required to work beyond 8 pm. Since your employer is not providing you with transport, they are violating the law.

The Factories Act, 1948, also requires the employer to pay a night shift allowance to employees who work during night shifts. The amount of night shift allowance is not specified in the Act, but it is customary to pay an amount of 10% to 15% of the basic salary as night shift allowance. In your case, your employer is paying you Rs. 50/- per day as night shift allowance, which is reasonable.

You can question your employer about the transport facilities and the night shift allowance. You can also approach the Labour Department if your employer does not provide you with the required facilities or allowance.

Here are some of the special provisions in labour law for such allowances:

The Payment of Wages Act, 1936, requires the employer to pay wages to the employees at least once in a month.
The Minimum Wages Act, 1948, sets a minimum wage for employees working in certain industries.
The Equal Remuneration Act, 1976, prohibits discrimination between men and women in matters of wages.
I hope this information is helpful.

From India, Dombivali
Madhu.T.K
4193

Mr Pocket HRMS, what is the question? Is it relating to hours of work? No. It is relating to arrangement of transport facilities during night and payment of night shift allowance.

Under which section of Payment of Wages Act, Minimum Wages Act or Equal Remuneration Act it is mentioned that the employer should pay night shift allowance and the amount of such allowance?

From India, Kannur
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