Akashdeep Sharma (Consultant) 16 August 2010

Legal Provision on Continous night shift

With 24 x 7 operations, night working has become a necessity. Some BPOs even operates only in nights. Such grave-yard sh*ts indeed put extra strain on physical and mental health of the employees.

Can anyone share some info. regarding legal provision on the conition imposed in night shift.

Siomple query is WHETHER AN EMPLOYER CAN ASK AN EMPLOYEE TO COME CONTINUOUSLY IN NIGHT SHIFT ? IS THERE ANY ANY LAW PUTTING ANY CONDITION/ RESTRICTION IN THIS REGARD?

THIS QUERY PERTAINS TO COMMERCIAL ESTABLISHMENTS IN NOIDA & GURGAON.

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3 Replies

Kiran Kumar (Lawyer) 16 August 2010

what is written there in the contract?

Akashdeep Sharma (Consultant) 16 August 2010

In all the contracts of employment i.e the appointment letters or standing orders, there's always a clear stipulation, requiring an employee to come in shifts, as per the business requirement.

My query is regarding the legal position on this matter and not the contract between the parties.

R.Ramachandran (Advocate) 16 August 2010

The Shops and Establishment Act only puts an embargo on the number of hours of working in a day, in a week. But there are no restrictions on the continuous night shifts. If an organization has to work only in the night so it will be. It is for an individual either to take it or leave it. In fact in Railways, many Drivers and Guards work only in the night trains.