Shift Dispute: Should a Worker Be Paid for Ignoring Assigned Hours?

If a worker is supposed to attend his duty in one shift but had some unjustified reason that cannot be compromised by the management, and if the supervisor or incharge denies his request for a shift change, if the workman comes in the shift he wanted to come in despite the disapproval of his incharge, is the worker eligible for the payment of that day?

Also, please suggest the relevant labor acts in India and inquire about any specific clauses for labor acts in Maharashtra. Your support is greatly appreciated.

Settling Differences Through Dialogue It is always better to settle differences by dialogue across the table with the concerned worker. Find out whether the worker's request is justified and can be accommodated, or if the denial of the request is based on ego positions on either side or on the administrative necessity of the organization.

It is not proper to deduct wages for this since he is working in a different shift. However, it does not mean that indiscipline shall be allowed, as the refusal of the worker to work in a particular shift despite instructions amounts to willful insubordination, calling for disciplinary action.

Before taking any action, you need to assess the risk analysis of your industrial relations atmosphere. If the workers are unionized, they may agitate over the issue. Test the waters first by issuing a memo asking him to report for the assigned shift. If he refuses again, issue him a show cause notice asking for his explanation as to why disciplinary action should not be taken against him. Depending on further developments, you can issue a charge sheet and conduct a domestic inquiry.

By now, the employee should understand that the management is serious about indiscipline and will comply with your instructions. However, ensure that it does not escalate into an industrial relations problem and exercise tact to control the situation.

Regards, B. Saikumar

When a company is running only one shift, how can an employee attend duties in another shift? Without working in the other shift, why should the employee be paid?

Addressing Misconduct in the Workplace

The incident you described is an act of misconduct. You should assist and advise your employer, appointing authority, or punishing authority to initiate disciplinary action as per your standing orders. Deciding the hours of work or duty timing of a workman or employee is management's prerogative and is non-negotiable.

Where is the question of allowing that worker to report for duty at his or her will? What about management control? Prevent the recurrence of such or similar acts of gross misconduct, or else the work environment will become vitiated and out of control.

Contact Kritarth TEAM for corrective action.

Regards, Kritarth Consulting

Chaitanya, can you please provide the full details of the case? The members can't be expected to guess what the situation and the facts are. If you post vague information, the answers will be suboptimal or even misleading for your particular situation.

Dear Chaitanya,

As suggested by other members, if you could provide us with exact details in terms of your requirements and clear information, we would be able to assist you better. Remember, perception can differ from reality.

Thank you.

I assume there is a mistake somewhere. Firstly, you state that the worker has asked for a shift change, which the supervisor has denied. Thereafter, you state that the company is running only one shift. So, if a company runs only one shift, how come the worker's demand for a shift change is not known to us? Please elaborate on your query to provide a more appropriate view.

Shift Alteration and Labor Law Compliance

Our company operates in only one shift, which alternates weekly. For example, if week 1 runs in the 1st shift, the next week it runs in the 2nd shift, and so on. I am seeking clarification on the labor laws applicable when a workman refuses the assigned shift and instead comes in during a non-operational shift of his choosing. He performs company-related work not assigned to him and then leaves. Since he completed company work, should he be compensated? Or, because he refused to attend the assigned shift, should he face penalties? What labor laws apply in this situation?

This is a case of a code of conduct (misconduct) that needs to be dealt with accordingly. Here, the code of conduct is not applicable. As mentioned by Mr. Saikumar, initially counsel him that he has been hired for a specific reason and must act accordingly. If he continues the same behavior, then initiate disciplinary action against him.

Chaitanya ji, at the time of the appointment, were all clauses regarding shifts made clear to the employee? If not, then the employee has full rights to object to this issue.

Dear Chaitanya,

Please review his appointment letter as it contains service terms and conditions. These include provisions such as the ability to be called in on a weekly off, any shift, any location, or any department as per the exigencies of work. He may accept these terms by signing the document. Based on this, you can proceed with the inquiry.

I still find it difficult to believe your post. The company runs only one shift but changes the week every week. That is not possible. A shift change will require the approval of the factory inspector or other authorities under the Industrial Dispute Act every time. And why would someone run the second shift without running the first shift? But if the person has come in a shift the company is not operating, you do not need to pay him. Mark him absent and deduct the salary. Separately, you can initiate disciplinary action. But I don't think your post is true.

Yes, as Saswata said, you need to be clear on the facts. I thought your company is running more than one shift in a day, which is common, and the employee is working in the shift for which his request was denied but not in the shift to which he was assigned. Unless the facts are clearly stated, it is not possible to reply properly. The members above have raised some queries; please reply to them as it may reveal some facts.

B. Saikumar

I think a lot of facts are not being provided here.

Approval for Changing Working Conditions

One point that needs to be kept in mind is that the working conditions cannot be changed without the approval of the Labour Department, changes in the Standing Order, or an agreement with the Worker's Union.

Terms and Conditions of Employment

What are the terms and conditions of the employment? Is working in such a haphazard, random shift mentioned in the Appointment Letter?

It might be better to counsel the employee rather than taking disciplinary action. One should try to keep one's house in order first before taking on such matters, which may turn out to be counter-productive.

I don't understand where the matter of fact or false is appearing here. I just asked whether I could get any insights in such a case. Why can't it be treated as a case study if not a fact? In fact, that was a real incident where a few operations of the plant ran in one shift one week and the other shift the following week, and vice versa. This operation is done for the flexibility of materials availability. If you feel that this is not a fact, just treat it as a virtual case study.

Please do not get offended when people raise questions. I just checked your profile, and it appears that you work as a Deputy Manager. People raise these questions to get a clear picture of the scenario to provide precise answers. When we start assuming things, and our assumptions are wrong, we end up making an "ASS of U and ME." That's what a tutor in a management course told us.

Key Question

The key question is: Have the workers been informed in their contract that they have to work in this pattern, and have they agreed to this, or is this something new that has been devised due to the non-availability of material?

From your last post, it appears that there are other areas that work on normal shifts, and only this section or some sections operate this scheme. The more information we can provide, the better the answers we will get. It's possible that some of our experts have not come across such a situation and, hence, raise questions.

Regards