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Q. My employer forcing to work in shifts from office with 4 year old kid

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Suhani Mahajan

posted 1 month ago

Q.My employer forcing to work in shifts from office with 4 year old kid
Dear Sir/Mam,
I am working in a well known IT company in Noida, I live with my husband and 4 years kid. My job has shifts (morning, evening till late in night and night). Somehow, I convinced my manager and worked for 1.5 years in morning shift as I had to pick my daughter from creche in evening. My husband took care of morning routine of my child. But now company is forcing me to work in all shifts and that too from office and no work from home. My husband doesn't have shift model and many times get late. I have signed up for 24*7 shift in offer letter so HR is forcing me now to work innshifts and come to office. What could be done in this case and if I could ask flexibility as my legal right to take care of my daughter post 6 pm ( after daycare)?

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Adv. Swapnil S Bhalerao

Experience: 3 Year(s)

Responded 1 month ago

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A. ) Hello,
If you have specifically applied for any shifts, then you must stick to it. If you are 24*7 shift like you mentioned then you must only work for maximum hours laid down by law and not all shifts. You can file a complaint and get relief.
I would advise to first solve the issue amicably and peacefully with the HR. If it does not bear any fruit, you may proceed legally.
Hope that helps!
Regards.

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Suhani Mahajan

Replied 1 month ago

I am sorry if its misunderstood that I am being asked all the shifts at a strech. Everymonth shift will rotate. So, would need to know if creche timing must match the time of the women employee legally?As creche is unavailable after 7pm and my husband job has no fixed time to come back home. So, who will pickup child and be with her if both has to work late.

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Adv. Swapnil S Bhalerao

Experience: 3 Year(s)

Replied 1 month ago

Hello,
As such there's no law pertaining to women employee for relaxation of work timing with respect to your creche timings.
Laws are framed for women in maternity and nothing later unless your company has such policy.
You can only solve this by requesting or convincing the concerned authority again.
Regards.

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Suhani Mahajan

Replied 1 month ago

Thanks for checking

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 month ago

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A. ) File complaint against them to the labour commissioner office because it is against the law

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Suhani Mahajan

Replied 1 month ago

Its against which law..any link to share please?

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 1 month ago

Under labour law

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