Shift Change Dilemma: How to Handle Employee Refusal and Union Support?

Shift Change and Employee Compliance

We have allocated 3 employees to the night shift. Meanwhile, in the middle of the same week, due to a reduced production load, our production department asked them to report for the second shift. They refused to come for duty (with the support of the union). Their contention is that we cannot call them for any other shift during the same week when they are scheduled for the night shift.

Action and Legal Obligations

Can we take action against them or mark them as absent? If we need to call them for the second shift within the same week, what are the procedures or legal obligations? Can some experts guide us on this issue?

Shift Change Notice Requirements

Starting, altering, or discontinuing a shift requires 21 days' notice under Section 9A of the Industrial Disputes Act. If the certified Standing Orders permit you to change the shift without notice or with fewer days' notice, then you can follow that.

In industries that operate based on specific market conditions, there should be an agreement with the workers allowing management to implement flexible shifts or change shifts with a notice period of at least 24 hours. Abruptly changing a shift and requiring an employee to attend a specific shift is illegal. Therefore, it is essential to discuss the issue with the Union promptly and resolve the current matter amicably. Reach an agreement that in the future, whenever a shift is changed, affected employees will be informed 24 to 48 hours in advance.