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ashik   30 October 2015

Night shift allowance

hello all,

i am working in a US based very reputed company. i have shift rotation and i was doing night shift every 2 months. the company has not provided any night shift allowance and they are saying that its not company policy. but i have reason to believe that some other deots are getting NSA. is there any law or rule that says the company has to provide NSA for its employees?. any lead on this will be very helpfull.

thanks a lot in advance.



Learning

 2 Replies

Darshan (Associate)     30 October 2015

Hi, First of all please check you employee hand book (Rule book) which you would have got while you joined the company. If not then it should have been mentioned in your offer letter that you would be eligible to get NSA. Also if you feel that your team mates are getting it, then please check with them have they got anything in writting for NSA.

Most of the companies do provide the NSA, but many companies add the same in your annual bonus for which they are not liable to give the breakup. If the company has given you in writting then definately you can fight for it. If not then no point fighting for it with the career at stake.

Kumar Doab (FIN)     30 October 2015

First of all determine:

 

--- the company is registered as: Commercial or Industrial? And covered by which enactment e.g. Shops & Estbs Act, Factory Act and whether standing order (Model/Certified) apply and cover your designation?

 

---You are covered by the def. of 'Employee' as in Shops & Estbs Act , as 'Workman' as in ID Act (and Model Standing orders)?

 

---Your designation is covered by Certified stranding orders if standing orders apply does it cover your designation?

 

---What are your work hours mentioned in appointment letter or any other document applicable to you?

 

---Whether any of these enactments and also appointment letter and any rules/policy/employee handbook provide for Night Shift allowance?

Has it been paid to you in any month or any one else in same designation any time?

 

Thereafter you may relate your entitlement.

 

You may seek help of employee's/trade union leaders, labor law consultant,Inspector appointed under the above mentioned enactments.....

YOu may go thru:

 

Supreme Court of India
Bharat Electronics Limited, ... vs Industrial Tribunal, ... on 15 March, 1990

 

ttp://indiankanoon.org/doc/1800222/?type=print

 

 


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