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TSKabilan (Senior Manager(Aviation))     02 December 2014

Night shift

For more than 20 years, we have been working in AABBCCOO shift pattern.

A denotes morning shift from 06:00 to 14:00 hours

B denotes afternoon shift from 14:00 to 22:00 hours.

C denotes night shift from 22:00 to 06:00 hours.

O denotes off.

We used to work two I shift, two II shift and two II(night) shifts and then avail two days off.

It was an eight days cycle.

All of a sudden, the company had changed the shift patten to AABBCCO, reducing the weekly off into one.

But four of our customer companies are following 8 day cycle. We interact with them everyday in our work spot.

We want to know ;

1) How much rest needs to be given after the night shift as per law?

2) Can the employees forced to work on two night shifts continuously with 16 hour gap?

3) Do the employees have a right to ask to continue with 2 weekly off system?

4) Our salary structure is for 36 hours duty, and we are re-imbursed for the extra work in the name of special compensatory off for the additional 6 hours per week. Now, though we work for 48 hours, the re-imbursement is done for 42 hours only.

5) Do we have any right to insist on working for 42 hours only per week, and get paid for 42 hours only?



Learning

 2 Replies

Kumar Doab (FIN)     03 December 2014

You are most probably not working in a factory................but some BPO/KPO/Call center/IT company.

Such companies are covered by ( Name of the state) Shops and Commercial Establishments Act and wages are duly explained in the Act..............i.e. how an employee employed on monthly/hourly wages get paid...........and work hours and OT is also explained in the Act...

 

Standing Orders (certified/Model) are applicable and if standing orders are not certified then Model Standing Orders shall apply. Any change in service conditions has to be communicated 21 days before  and has to be accepted by employees.The employees/unions/trade unions can negotiate service conditions.As per ID Act 'Works Committee' is an authority and it has President from employees and members from employer and employees side and such matters can be taken up by Works Committee and if it is not formed Employee's/Trade unions can negotiate...

The company can offer superior benefits as provided for in the Act but not inferior....

If you are employed on monthly salary then::::

 

--monthly salary/26 =per day salary

--divide it further by 8  to get hourly wages

 

Work hours are 8/day..............48 /week

beyond it OT is applicable(double wages .........compensatory off) .... the ceiling on OT (per day/Qtr/year) is also defined in the Act..........

 

You may relate and find out  if there is any variance and accordingly you can proceed further.

A local lawyer well versed with state laws and labor law can help you

T. Kalaiselvan, Advocate (Advocate)     07 December 2014

Expert Mr.Kumar Doab has given a detailed explanation about the working hours to be adopted as per the labor laws, hope is explanation satisfied you, for further problems you may approach the proper forum to address your grievances, if any.


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