Shift Timing Dilemma: How to Handle Late Working Hours and Employee Safety Concerns?

Hello All, I need help!

Shift Timing Concerns

This is for an IT company in Gurgaon. We have shift timings from 10:00 am to 7:00 pm. There is a female employee who wants to work late into the evening, possibly until 10:00 or 11:00 pm. I really don't want her to work late at night and encourage her to start her day early in the morning due to safety and security concerns. We are a small setup and do not provide transport facilities for employees. If she works late at night, we won't be able to arrange transportation and a guard, and she is willing to commute on her own.

Assistance Needed

1. A consent form - stating that she is choosing to work late on her own.
2. I would like to know if it is mandatory to provide transport and a guard even if we do not currently have these facilities.
3. Can we allow her to commute on her own?

Please assist as soon as possible, it's very urgent.

Thanks a ton!

Dear Ritu,

Your working hours are from 10:00 to 19:00 hours. Therefore, there is no room for further increase. While an employee may be willing to work for 14 or 15 hours, it is against the provisions of the Shops and Establishment Act.

The employee has shown willingness to commute on her own. She could be ready to bear risks arising out of the arrangement for personal transportation. However, there is no act that makes such provision. Therefore, the question of a consent form does not arise.

If the shift hours end after 21:00 hours, then it is mandatory for the employer to provide transport and guard facilities. If you are in a position to provide it, then you may design the shift timings accordingly.

Extending working hours could be convenient for the female employee. Nevertheless, you are running a business organization. In an organization, a group of people works together with organized rules and structure. These rules have to be uniform, and if you start making exceptions, other employees will come up with a different set of requirements. In that case, you could spend more time sorting out their problems rather than taking up development activities of the organization.

Therefore, just say "NO" to the employee's requirement and close the matter.

Thanks,
Dinesh Divekar