How Should We Handle an Employee's Refusal to Accept a Shift Change? Seeking Advice and Sample Letter

Dear all,

As per the management decision, we need to change the shift of one of our employees. Currently, his shift time is 8:00 AM to 4:30 PM, but we intend to change it to 9:30 AM to 6:00 PM. However, he has expressed his refusal to work in the 9:30 AM to 6:00 PM shift.

Please advise on the appropriate course of action in this situation. What steps should we take? Could you provide me with a sample format for a warning or notice letter?

Your prompt guidance on this matter would be greatly appreciated.

Thank you,
Krishna Marathe

Dear Krishna,

First, find out why the person is objecting to work at this shift. Sit with the person and counsel him. In case the reason he's giving is genuine, try to speak with the management to keep the same shift. However, if you believe he can easily adjust, issue him a letter stating that his timings will be changed. If he still does not comply with the new schedule, give him a memo followed by a warning letter.

The format for the warning letter is already posted on our forum. You can simply search for the format you need.

Regards,
Lavanya :)

Dear Sir,

Thank you for the immediate reply. The employee is working on the shop floor in the maintenance department. Our supervisor has already discussed with him. As per their discussion, I came to know that he is working for another organization as a part-time job. I believe we are paying him a market salary, even more than his skills, and he should dedicate himself to our company's work. This decision is made based on work necessity.

One more thing I would like to address is that he is always making excuses at work. He is the Vice President of the workers' union.

Please advise.

Thanks,
Krishna Marathe

Hi,

Does your company's appointment letter state anywhere that the employee cannot work in any other capacity, such as part-time or consultant, outside of your company? If this condition is mentioned, you can require him to work the shift you specify.

Dear Krishna,

Greetings.

Working conditions affecting the union leaders must comply with the Industrial Employment (Standing Orders) Act. We need to review your certified standing orders to determine if changing shift timings exclusively for one person is allowed. Also, approach this task as if you are addressing the company's requirements.

Sit down with the individual and provide counseling. If the individual refuses to comply, you may issue a warning letter or a show-cause letter. If the allegations are serious, proceed with a domestic inquiry.

With regards,
Trisha

Hi,

The Maintenance Department falls under essential services. Hence, there is no impediment to altering his shift time. Moreover, only if you extend the working hours or ask him to come in the night shift, it will affect service conditions. In this case, only due to exigencies, his duty timings are changed. Refusal to accept the management's order is defiance and serious misconduct, for which he deserves stern action.

Before initiating action, please check whether the new shift time is in line with the forms you submitted to the Inspector of Factories. If not, please submit the relevant forms to the Inspectorate.

You can issue an order to the concerned employee informing them of the change in shift time. If he refuses, the same may be sent to his home address by registered post, mentioning his refusal to accept the order. This is crucial for initiating disciplinary action for defiance against the employee.

Thanks & Regards,
Kalyan R

Wow, Trisha,

Your reply is great. I would also have given the same solution. Nice to see a girl giving IR solutions. (This is not a normal case in India. Correct me if I am wrong!!!)

Dear Krishna,

Consult what the standing order says on employment in shifts. Ask him why he doesn't want to work in shifts. If the answer is not reasonable, you can take disciplinary action.

Regards,
Nilendra

Thank you, Nilendra, for your encouragement. In fact, I worked with Caterpillar Ltd as a trainee for a brief period of two years in my previous employment. Further, I am more interested in legal issues that affect industrial relations. Kindly provide your input for my recent post on the termination of a manager in the "Talk to Senior" column.

With cheers,
Trisha
HR Professional

Hello,

You have received a lot of good advice. I am exercising additional caution. I am not yet clear if the Industrial Employment (Standing Orders) Act 1946 is applicable to your establishment. If yes, it is good for you to know that this Act gives employers the right to call employees in shifts and to rotate them in shifts as per exigencies of work (Clause 10 of the Model Standing Orders provided under the Act).

The Factories Act, as you know, grants the right to extract 48 hours of work each week.

However, the Industrial Disputes Act 1947 at Sec. 9-A requires an employer to give a Notice of Change if he desires to bring about a change in any matters provided under the Fourth Schedule to the Industrial Disputes Act 1947. Your issue has to be seen within the coverage and applicability of these three legislations. The said Schedule, at item 4, covers an issue, "Hours of work and rest intervals." It is on the strength of this provision that employees/unions challenge Management's actions in this nature.

But one does not have to worry if what we are changing is the "relay of shift" and NOT the "number of working hours" per se. There is case law on the subject, available with any practicing Labour Advocate of your town. If it is not readily available, please contact me, and I will send you a copy of the judgment. Just remember that you have the right to change the "relay of the shift" without issuing a Notice of Change. However, if you want to change the "number of working hours" per week, then you have to serve the Notice of Change under Sec. 9-A of the ID Act 1947 and tackle the issue thereafter. Whether a workman or a Union Leader from any function is NOT exempt from the operation of law, and this aspect you must insistently enforce.

What I have presented is a statement of your rights and obligations on the subject under applicable laws, and it will help you take and implement a decision that will not backfire. Hope it helps.

Regards,

samvedan

November 23, 2007

Hi all,

In our company, essential staff are required to come in for shift times as per management requirements, even if they cannot refuse overtime. The following is regarding shift timings as well.

What if I need my male workers to only come in for 2 shifts, i.e., evening and night shifts, and reserve the day shift only for female workers? Can I enforce this?

Regards