Considering 12-Hour Shifts for 24/7 Operations: What Should I Evaluate Before Proposing?

Hi all, we operate a process industry 24/7/365, manufacturing pharmaceuticals. Currently, we operate in 3 shifts a day of 8 hours each. I recently came across the concept of 12-hour scheduling, where employees work 12 hours a day for 4 days a week, alternating between day and night shifts. They receive 1 day off before two consecutive night shifts and 2 days off before a morning shift, resulting in a week that looks like this -- ddonnoo--.

On the surface, this scheduling seems acceptable, but I am considering what factors I should evaluate before proposing it to management. Are there any legal issues involved if workers still work 48 hours a week? What other issues should I take into account? Your assistance is appreciated. I have not heard of this schedule being implemented anywhere in India. Please let me know if you are aware of any instances.

Thank you.

Please consider the following questions before proposing a 12-hour work schedule to management:

a) Why was the need felt to convert from an 8-hour to a 12-hour schedule?

b) Have employees preferred this kind of schedule? Have you conducted a survey for the change of schedule?

c) What type of employees will have a 12-hour work schedule? Do they work on the shop floor? Are they required to do physically hard work? What will be the rest hours?

d) Will there be an impact on employee productivity? What would be the cost of human errors?

e) Those who work an 8-hour shift occasionally continue with the work and complete an additional shift. They go to security, swipe out their card, and swipe in again after 5 minutes. This helps them get noticed for their continuous work. Though it is illegal, sometimes workers prefer it for the sake of overtime payment. In your case, if someone falls sick on a working day, how will you manage that employee's absence? Will you tell them to put in an additional 12-hour work? What if they refuse?

f) What if the 12-hour work schedule becomes a prohibitive factor in getting quality employees? Will it hamper the quality of recruitment?

Legal Position: Either the Shops and Establishment Act or Factory Act does not permit a 12-hour work schedule. Therefore, how will you justify the change if the Labour Officer inspects the attendance rolls?

Thanks,

Dinesh Divekar

Dear Dinesh Sir,

For the above query, I would also like to ask: if an employee works 5 days a week (12 hours daily) for one week, their overtime (O.T.) adds up to approximately 80 hours monthly. However, according to the Factories Act (Maharashtra Rule), the quarterly limit for the same is 50 hours. Could this potentially lead to legal consequences?

Legal Implications of 12-Hour Shifts Under the Factories Act

The revised Factories Act in Maharashtra allows overtime up to 117 hours a quarter. However, 12-hour shifts are definitely not allowed. The legal consequences of violating the Factories Act include a penalty of up to ₹200,000 per incident and imprisonment of up to 6 months. In the event of an accident, if an investigation shows that the worker has been working 12-hour shifts continuously, it will lead to an inference that the accident occurred due to exhaustion and overwork. The company will be liable for compensation as well as prosecution under various laws.

Thanks for the valuable comments. I propose 12-hour shifts and 4-day working weeks for each employee to maintain the legal limit of 48 hours working per week. Workers will get extra days off, which is my concern. What if they go and find other jobs?

If I have understood the law correctly, working hours are stated as 48 per week (not more than 12 hours a day), not exceeding 60 per week, including overtime.

The company will have to build redundancy in manpower, and only those who have a day off on a given day may be requested to fill in an absentee position.

I understand that all employees can't have 12-hour schedules, but I am trying to understand which types of roles can merit these. For example, shop floor staff, AC department staff, electricians, etc.

The reason I am suggesting this schedule is for the better lifestyle of workers. Currently, they do 6 A shifts, then get one day off, then 6 C shifts, then 1 day off, and 6 B shifts, and 1 day off. I feel the one-day rest isn't actually enough to recuperate from shift duty. Also, we have a lot of absenteeism in the C shift because people can't do C night duty for 6 days in a row!

Of course, I'm hoping that their improved lifestyle will translate into more productive hours, and the company will indirectly benefit as well.

I hope I am making sense; the most important factor at the proposal stage is to recheck the legal side first. Do share your thoughts.

Understanding Work Hours Under the Factories Act

To my knowledge, there is no scheme in the Factories Act that permits a 12-hour working shift, as no worker is allowed to work beyond 9 hours a day, subject to a maximum of 48 hours a week. However, the spread over of work, inclusive of intervals of rest, can be 10 1/2 hours and, in any case, not exceed 12 hours with the permission of the factory inspector, as per Sec. 56. Therefore, overtime becomes payable if the work hours exceed 9 hours in a day or 48 hours in a week. However, you can refer to the rules of your State for any specific exemptions in this regard.

Regards, B. Saikumar

It is interesting to see how a color of a better lifestyle is being given to a scheme to overwork and exploit workers. Legally, this practice is not allowed, irrespective of whether you are willing to pay overtime or not.

You want to implement 12-hour shifts to reduce the cost of employing people and avoid overtime. How will it improve the lifestyle of a worker if they work an additional 12 hours every day? Considering travel time, meals, and sleep, the person will barely have enough hours in a day.

Response to 12-Hour Shift Proposal

Your remarks are noted, but with a pinch of salt. The proposal of implementing 12-hour shifts gives employees 3 days off instead of 1 per week to maintain a 48-hour work week. This setup does not allow management to reduce the number of employees; rather, the total number of employees is increased to accommodate any unexpected situations, as no overtime can be expected from employees who have already worked 12 hours.

Admittedly, it may seem like the proposal is not supported by the law, but that does not give you the right to question my or our management's intentions.

Regards

Dear Meenu Kaushik,

If you critically analyze any establishment-oriented labor legislation, you will find that working hours are basically determined with reference to the day only. The objective behind fixing the maximum number of hours per week is to regulate the overtime hours while simultaneously altering the per day working hours neither to the disadvantage of the workmen nor to the work-in-progress of the establishment concerned.

Thank you.

Dear Meenu Kaushik,

As advised by learned members of the forum, 12-hour shifts are illegal in India. On the other hand, long shift hours will lead to stress and work overload. It can lead to employee disengagement, increased work accidents, or emotional breakdowns, which can eventually impact company operations and costs. It will also affect the daily social life of employees as they will have less time to spend with family.

Mahesh Kumar