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Jyothikaa (NA)     02 December 2014

Night shift allowance

Dear All,

 

I have been working with a Company B for last 3 years. During the interview I was told that there will be slight overlap with US work hours. At that time my previous Company A was closing down multiple divisions and a number of employees were being fired. Under pressure of being fired I agreed to join Company B.

After joining Company B, my reporting manager said I have to work from evening 7 PM to morning 3 AM, India Standard Time, from monday to friday every week. I did not have any other offer and I had also changed my company, that said I had no option but to work from 7 PM to 3 AM everyday.

In the interim I tried to find some other job, but nothing was available until now. Another Company C has offered be day shift job, but want me to join quickly within 15 days. My current Company B wants me to serve 2 months notice period and continue working in the night. I am fed up. 

Anyways after I leave Company B, I will file a legal case for making me work in the night, there is nothing mentioned about working in the night in my offer letter, nor any pay component provided to me as per my monthly payslips. 

Kindly advice where and how to proceed further.

 

Thanks,

Jyothika.

 

 

 



Learning

 5 Replies

Kumar Doab (FIN)     02 December 2014

Apparently you have been working with some BPO/KPO/Call center/IT/Software company etc ...

These are covered by ( Name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of the employees working in such establishments............

You may go thru it and also inquire from Inspector appointed under this Act( the local Labor Inspector might also be functioning as Inspector under this Act and also as Inspector under Payment of Wages Act)/Employee's unions/female employee's unions/Trade Unions like CITU-INTUC-AITUC-BMS etc if the state govt. has granted any exemption to your industry/company...............and female employees can be made to work night shifts and no rotation is required.

 

Notice period of 60 days may not be neccessarily applicable in your case.

Notice period/pay is part of service conditions that are governed by various enactments applicable to the establishment ::::::and such companies are governed by it................e.g.standing orders (certified/model........................if standing orders are not certified then model standing orders shall apply) , Shops and commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments..............

 

Model Standing Orders::The notice period/pay in probation period is NIL and after confirmation period 30 days......and service certificate has to be issued to all employees....

Shops and Commercial Establishments Act ::: It is as per length of service period and max.30 days as per length of service...

 

These being instrument of law/statue/enactment shall prevail upon any private agreement that employer has signed with employee e.g. appointment letter/contract of employment.....

 
 
 

   

Jyothikaa (NA)     05 December 2014

Thanks Kumar sir, As of now they are being very stub born and not ready to adjust notice period against remaining leaves, compensatory offs, bonus, nor loss of salary. 

They want me to continue work in the night, and wont care even if I die. Irony is with all this going on, they want me to refer another candidate who can work in night shift.

 

 

Kumar Doab (FIN)     05 December 2014

1. The notice period of 60 days may not be necessarily applicable to you. It has already been explained. 2. Assuming that it is,applicable then you can tender notice if resignation of 15 days and affirm to adjust notice pay as per correct notice period in FnF statement.. and that routine duties be assigned that can be completed on daily basis within and upto last date in OFFICE /expiry of notice period..... .ask to whom you should handover the charge....under proper acknowledgement on the spot..... The employer has to encash annual leave,bonus, etc in FnF statement/settlement...
1 Like

Jyothikaa (NA)     10 December 2014

Thanks Kumar Sir, This is very helpful.

 

I requested them to adjust my balance leaves against notice period and release me on an earlier date. 

So in total I will be serving them one month notice time. And the rest has been requested to be adjusted with the notice period. 

I got a verbal reply from the concerned person that this is not possible, but no email confirmation on the same. Will continue persisting on email and will let you know further. 

Appreciate your help very much & have a great day !

Thanks,

Jyothika

 

Adv k . mahesh (advocate)     11 December 2014

agree with the above views and also first refer your appointment letter about the notice period and if not what are consequences they are enable so that accordingly you can plan means you can draft your email to withstand your position with them to get all the benefits once you leave the organisation without any hurdle 

as you said you were not intimated about the night shift prior to appointment and have you made any complaint to hr dept or the department of head of yours and detorirating about your health for night shift which will help in future course of action 

this is a tactis played by hr depart to make you suffer and bend to their rules which safeguard their interest not the employee interest

before joining new organisation be shoure to take precautionary measures that arised in your B company which will safeguard any complication in C company 


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