If a worker is supposed to attend his duty in one shift but had some unjustified reason that cannot be compromised by the management, and if the supervisor or incharge denies his request for a shift change, if the workman comes in the shift he wanted to come in despite the disapproval of his incharge, is the worker eligible for the payment of that day?
From India, Pune
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From India, Pune
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Also suggest me the referring Labour acts in India, and if there is any specific clause for labour acts in Maharashtra. Please support
From India, Pune
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From India, Pune
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It is always better to settle differences by dialogue across the table with the concerned worker. Find out whether the worker's request is justified and can be accommodated or if the denial of the request is based on ego positions on either side or on the administrative necessity of the organization.
It is not proper to deduct wages for this since he is working in a different shift. However, it does not mean that indiscipline shall be allowed, as the refusal of the worker to work in a particular shift despite instructions amounts to willful insubordination, calling for disciplinary action.
Before taking any action, you need to assess the risk analysis of your industrial relations atmosphere. If the workers are unionized, they may agitate over the issue. Test the waters first by issuing a memo asking him to report for the assigned shift. If he refuses again, issue him a show cause notice asking for his explanation as to why disciplinary action should not be taken against him. Depending on further developments, you can issue a charge sheet and conduct a domestic inquiry.
By now, the employee should understand that the management is serious about indiscipline and will comply with your instructions. However, ensure that it does not escalate into an industrial relations problem and exercise tact to control the situation.
B. Saikumar
From India, Mumbai
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1979It is not proper to deduct wages for this since he is working in a different shift. However, it does not mean that indiscipline shall be allowed, as the refusal of the worker to work in a particular shift despite instructions amounts to willful insubordination, calling for disciplinary action.
Before taking any action, you need to assess the risk analysis of your industrial relations atmosphere. If the workers are unionized, they may agitate over the issue. Test the waters first by issuing a memo asking him to report for the assigned shift. If he refuses again, issue him a show cause notice asking for his explanation as to why disciplinary action should not be taken against him. Depending on further developments, you can issue a charge sheet and conduct a domestic inquiry.
By now, the employee should understand that the management is serious about indiscipline and will comply with your instructions. However, ensure that it does not escalate into an industrial relations problem and exercise tact to control the situation.
B. Saikumar
From India, Mumbai
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When company is running only in one shift, how can heattend duties in other shift? Without doing any work in other shift, why should he be paid?
From India, Pune
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From India, Pune
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Dear Guidance Seeker,
The incident as you related is an act of misconduct for which you should aid and advise your employer/appointing authority/punishing authority to initiate disciplinary action as per your standing orders. Deciding the hours of work/duty timing of a workman/employee is management's prerogative and is non-negotiable.
And where is the question of allowing that worker to report for duty on his/her will? What management control? Prevent the recurrence of such or a similar act of gross misconduct, else the work environment gets vitiated and out of control.
Contact Kritarth TEAM for corrective action.
Kritarth Consulting
info@kritarth.in
Bengaluru Service Centre
13.9.16
From India, Delhi
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The incident as you related is an act of misconduct for which you should aid and advise your employer/appointing authority/punishing authority to initiate disciplinary action as per your standing orders. Deciding the hours of work/duty timing of a workman/employee is management's prerogative and is non-negotiable.
And where is the question of allowing that worker to report for duty on his/her will? What management control? Prevent the recurrence of such or a similar act of gross misconduct, else the work environment gets vitiated and out of control.
Contact Kritarth TEAM for corrective action.
Kritarth Consulting
info@kritarth.in
Bengaluru Service Centre
13.9.16
From India, Delhi
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Chaitanya, can you please provide the full details of the case? The members can't be expected to guess what the situation and the facts are. If you post vague information, the answers will be suboptimal or even misleading for your particular situation.
From India, Mumbai
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From India, Mumbai
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Dear Chaitanya, As suggested by other members if you could give us a exact details in terms of your requirement with clear details we could help you out. Perception differs from reality.
From India, Tiruchchirappalli
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From India, Tiruchchirappalli
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I assume there is a mistake somewhere. Firstly, you state that the worker has asked for a shift change, which the supervisor has denied. Thereafter, you state that the company is running only one shift. So, if a company runs only one shift, how come the worker's demand for a shift change is not known to us? Please elaborate on your query to provide a more appropriate view.
From India, Ahmadabad
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From India, Ahmadabad
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Company runs in only one shift, but every week it alters. For example, if week 1 runs in the 1st shift, the next week it runs in the 2nd shift and so on. I just wanted to know the acts from labor laws which would be applicable when a workman denies the allotted shift and comes in the shift (the shift in which the company is not running) he wanted to come in. And does the work (company-related but not allotted to him) he likes and goes back home. As he did the company job, should he be paid? Or as he refused to come in the allotted shift, should he be punished? What acts are applicable here?
From India, Pune
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From India, Pune
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This is a case of a code of conduct (misconduct) that needs to be dealt with accordingly. Here, the code of conduct is not applicable. As mentioned by Mr. Saikumar, initially counsel him that he has been hired for a specific reason and must act accordingly. If he continues the same behavior, then initiate disciplinary action against him.
From India, Ahmadabad
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From India, Ahmadabad
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