Forced Night Shifts and Overtime: Can I Refuse Without Resigning?

As I am working in Pune Hinjewadi graphic company for the last 4 years and 10 months with only the first shift (morning shift), but now suddenly managers, AVP, VP have said to come in the night shift compulsorily or take a decision. However, I am not ready to do the night shift as well as to resign. Is there any rule that we can continue with the morning shift, or do we have to do the night shift?

Additionally, I am doing maximum overtime as they are saying if you are not doing the night shift, you have to do maximum overtime.

You are always bound by your service rules. The Standing Orders normally will have an order that every employee shall follow the timings fixed by the departmental heads as mentioned in the roster or as published on the notice board. Therefore, if the manager/VP or whoever has directed you to report to night duty, you have to follow it. It will not even make any changes in the service conditions also. A 48-hour notice is sufficient to change your shift timing.

Regards,
Madhu.T.K

If your nature of work requires you to perform your duties on a shift basis, and if your employment rules provide for it, you are required to comply with changes in shifts. Not accepting this may amount to disobedience of orders, which could result in disciplinary action.

However, you may consider the situation that led to your undisturbed schedule for 4 years and 10 months, followed by a sudden change. Examining this issue may provide you with reasons that can be used to request retention of your original shift schedule.

Decision Making for Shift Changes

As you have mentioned that you have been associated with the company for more than four years, you must first register your objection. Thereafter, make a decision about it. However, I must say, you need to continue your duty at night; everything will resume in due course.

There is a provision in the ID Act that the tradition may not be changed suddenly without taking employees or their representatives into confidence. You may raise a complaint with the local labor commissioner in writing. Before that, you may consult your other colleagues and try to know what their views are so that you may garner their support.

Night shift poses a health hazard as it disrupts melatonin secretion in the body. There are studies that suggest it increases the possibility of cancer. You may visit the website of the International Agency for Research on Cancer - IARC: [IARC - International Agency for Research on Cancer](http://www.iarc.fr/)

Dear All,

First of all, there is little that we can do about the duty timings. It depends on your service conditions issued to an employee at the time of joining duty. Most employers mention '...timings as prescribed by the competent authority from time to time,' etc. So, I don't think one will have any option about it unless one has the bargaining power and the person involved is indispensable for the employer. Maybe he may try through medical grounds to avoid continuous night shifts. If it is going to be a rotation, he can't refuse.

Kumar

If you do not want to switch to the night shift and your company requires you to, giving you no option, then you should seriously be looking for a new job. There is no shortage of jobs for experienced people in your line of work. You cannot really survive in a company by forcing senior management to reverse their decision on something related to a business requirement.