Factories Act - can an employer insist every worker that by rotation have to work during night shift?

Dear sir,

Please let me know the relevant provision when the workers of the factory are rotated. Some of them are not willing to work during the night shift. Can an employer insist that every worker, by rotation, has to work during the night shift? Is there any rule regarding this?

Thank you.

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 misconduct depending on how you present your case. But before doing so, you must consider the following:

1. Ensure your factory has permission to work in night shifts (please check your state rules).
2. Ensure the notice of the period of work is displayed by you, and a copy of the same is submitted to the authority.
3. Check the provisions regarding shift working in your standing order.
4. If standing orders are not applicable, ensure you have a written document on the rules and regulations of employment, which may assist you.

Before framing charges, it is advisable to issue a show-cause notice to the employee in question.

Dear sir,

In the case of an individual employee having problems working the night shift, whether due to domestic or physical issues, they may be considered for the general shift.

With regards,
Ilangovan

Fully agreed with Keshav, you should first check the following:

1. You should have permission to carry out 24/7 operations granted by the state government under Section 64(2)(d) of the Factories Act. The state government establishes rules and classifies factories based on the nature of work as continuous process.

2. Form 11 (Notice of Period of Work) should be displayed at the factory, and a copy of the same should be submitted to the Chief Inspector of Factories or the designated authority for approval.

3. Your standing order should include a shift working clause.

Regards,
Manvendra.

Dear Hekarthik,

Korgaonkarji and Manvendra have provided excellent clarification from a legal standpoint regarding your query. Now, it is advisable to first explore a conciliatory approach rather than resorting to a disciplinary mode. As mentioned by some members, if there is a genuine reason, you can explore the possibility of a "mutual shift change." Some workers prefer the night shift as they have the entire day available for their personal tasks. Particularly, those who are entrepreneurial always seek the night shift.

Regards,
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65

Well, I think it depends on the requirements of the project. Based on that, employees move into different shifts. Also, there should be a proper understanding between employees and the employer. 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,

Providing night shift allowance is a humanitarian gesture from management's perspective, as the employee is working throughout the night and needs to maintain alertness to overcome sleep deprivation. Due to the change in the sleep cycle, the employee must exert more effort to stay awake. Employees working night shifts are typically offered snacks to help replenish their energy levels.

Thank you.

Dear Govind,

There is no compulsion to pay night shift allowance. There is no specific rule or provision under any law for night shift allowance. It is the prerogative of management to formulate the policy or guidelines to pay the NSA. Generally, it is an established 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 to them about the rotation in the shift, or are you now awakened and want to implement and amend your rules?

If you had beforehand informed your employees while joining itself that they are to work in rotational shifts 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 hired, and now there is this change, you ought to consider the person's viewpoint. 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 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.

Dear Ilangovan,

The Factory Act permits working in all three shifts, including the night shift. We need to ensure there is an equal shift rotation of employees, and accordingly, a shift schedule has to be made in the prescribed form as stated in the state rule. This form must be displayed on the notice board for information to employees and the union. Employees not following the shift schedule will be treated as insubordination per the provisions of the Standing Orders Act. There is no provision for paying a night shift allowance in the Factories Act of 1948. However, the calculation of wages in Night Shift working Section 57 of the Factories Act will apply.

Mritunjay Nath Sahu General Manager (HR)

I have one query regarding this topic - Is there any rule for permission to work in shifts and what is the procedure for permission from the company. Kindly guide.

Regards,
Kamal Nain

Dear Kamal Nain,

Please read Factories Act, 1948 Chap-VI - Working Hours of Adults. Overall working hours should not exceed 48 hours a week. Exemptions are granted and managed by respective State governments and officials from the Factories Department.

Thank you.

Hi,
Under the Contract Labour Act (Karnataka Rules 1974), progressive and mandatory guidelines (on women’s employment during night shifts) have been passed, which is applicable to all factories, establishments, IT and BT sectors. Check out the link for more info:
https://www.stacowiki.in/en/blog/201...-night-shifts/

Dear HR Folks,

I have a doubt. Is there clarity in the Factories Act regarding a person who can work continuously in the night shift? I referred to the act, but I couldn't find a clear answer. Can someone please provide guidance?

Thank you.