Night shift allowances - Is my office following rules as per law are not? - CiteHR (2024)

Yes, the above content comes under the Factories Act, 1948 and the Shops and Establishments Act, 1956.

The Factories Act, 1948, regulates the working hours and conditions of employment in factories. Section 54 of the Act states that the daily working hours in a factory cannot exceed 9 hours. However, with the permission of the Chief Inspector of Factories, the working hours can be extended to 10 hours per day, but not more than 50 hours in a week.

The Shops and Establishments Act, 1956, regulates the working hours and conditions of employment in shops and commercial establishments. The Act does not specify a maximum number of working hours in a day, but it states that no employee shall be required or allowed to work for more than 48 hours in a week.

In your case, your employer is asking you to work for 9 hours in a day, which is legal under the Factories Act, 1948. However, the Act also requires the employer to provide transport to the employees if they are required to work beyond 8 pm. Since your employer is not providing you with transport, they are violating the law.

The Factories Act, 1948, also requires the employer to pay a night shift allowance to employees who work during night shifts. The amount of night shift allowance is not specified in the Act, but it is customary to pay an amount of 10% to 15% of the basic salary as night shift allowance. In your case, your employer is paying you Rs. 50/- per day as night shift allowance, which is reasonable.

You can question your employer about the transport facilities and the night shift allowance. You can also approach the Labour Department if your employer does not provide you with the required facilities or allowance.

Here are some of the special provisions in labour law for such allowances:

The Payment of Wages Act, 1936, requires the employer to pay wages to the employees at least once in a month.
The Minimum Wages Act, 1948, sets a minimum wage for employees working in certain industries.
The Equal Remuneration Act, 1976, prohibits discrimination between men and women in matters of wages.
I hope this information is helpful.