Shift Scheduling Dilemma: Is Overtime Due for Back-to-Back Shifts?

Shift Scheduling and Overtime Query

There are 3 shifts in our factory: A shift from 6:00 am to 2:00 pm, B shift from 2:00 pm to 10:00 pm, and C shift from 10:00 pm to 6:00 am. There are 6 working days, with Sundays off.

In a scenario where a worker works the C shift on a Friday (arriving at 10:00 pm on Friday night and leaving at 6:00 am on Saturday morning) and is then called to work the B shift on Saturday (2:00 pm to 10:00 pm) instead of the C shift, is he liable for overtime payment for the B shift?

Practically, on that particular day (Saturday), he has worked for 16 hours (with a gap between shifts). However, in that week, he ends up working for a total of 48 hours only!

[QUOTE=vnitritesh;2108925] There was a typo error in the last line. Read the last line as: (Practically, on that particular day (Saturday), while he worked for 6+8=14 hours (with a gap in shifts), but in that week, he ends up working for only 48 hours!

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Overtime Calculation for Night Shift Workers

How come he works for 16 hours on Saturday? He worked for 8 hours on Friday and 8 hours on Saturday. Since he/she is working the night shift, it does not count as working on Saturday instead of Friday.

An employee who works beyond eight hours at a stretch is bound to pay overtime. However, here the employee works for 8 hours, gets 8 hours of rest, and then starts his next shift of 8 hours. The employee cannot claim overtime since he/she works a total of 48 hours in a week.

Before I conclude, I would like to ask: what is the total employee strength in your factory? For facilities, you can provide bunkers for the employees to rest during their break.

Seniors, please advise if the above statement is incorrect.

Dear Saji, thanks for your quick reply. You are correct that ideally, the 8 hours of work done from Friday night to Saturday morning should be considered for Friday. However, if we refer to the definition of a day as per S.2(e) of the Factories Act, it refers to a period of twenty-four hours beginning at midnight. This, along with S. 54, limits the working hours in a day to a maximum of 9 hours (subject to S. 51). Therefore, if we count the number of hours actually worked after midnight beginning Saturday, the worker ends up working (6+8=14) hours on Saturday.

- If the above is not to be considered as overtime, would it make sense to call the worker in the General Shift (9 am to 5 pm) without giving him overtime?
- Also, in a period of 24 hours, beginning the shift start on Friday (i.e., 10.00 pm), the worker is called twice to work.
- Regarding facilities, currently, we don't have any bunkers in the factory. Kindly suggest.

Regards,

Just asking out of curiosity, what is the harm if the employee works on Saturday night until Sunday morning and takes leave on Sunday, then rejoins on Monday night or any other shift (if the shift changes)?

Normally, people tend to work more than the allocated 8 hours during a shift change, as the weekly hours should not exceed 48 hours.

Daily Hours

Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day.

Extra Wages for Overtime

Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.

Night Shifts

Where a worker in a factory works on a shift that extends beyond midnight:

- For the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends.
- The following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.

As per the factory act, if a worker works more than 9 hours in a day, they automatically become eligible for overtime pay for that day. Additionally, there should be a gap of 24 hours after the completion of work in one shift. The maximum hours of work in a whole week should not exceed 48 hours.

Thanks