A.Sathasivam. Special Invitee- DAE DC

Transcription

1 A.Sathasivam Special Invitee- DAE DC

2 The Night Shift work involves biological, Social, domestic and other handicaps That the industrial Law is that night workers must be compensated for such handicaps. The allowance is being granted by almost all working in night shift in the world.

3 Dr. Fredrick S Lee s book the Human Machine and industrial efficiency. The Man is a Diurnal Animal that his body needs stimulus of light that his body is adapted to atmospheric condition of the day. That the body vigor is low in the early morning and that on the hole night work is more deleterious than the day work. Any attempt to change his innate habits is bound to interferes with his physiological process that the days recuperation from night work rarely equal to nights recuperation from the day work.

4 An estimated 7 to 15 percent of the work force in DAE is engaged in some form of night work Most governments regulate basic matters such as extra pay for night work. Some governments, however, address the physiological dangers of night and shift work directly. For example, Bulgarian laws prescribe reduced hours for night work on the assumption that the performance of night work is harmful to the human organism, as a result of changes in the normal cycle of the physiological functions in the human body which are caused by its performance In Bolivia, the statutes reflect a belief that night work is contrary to man s physiology, exhausting and dangerous to the health if practiced as a normal system In France, the laws allow someone who has been working at night for a long period (5 years continuous night work or 10 years total) to receive top priority for openings on the day shift. In Angola, a person with medical problems gets a similar priority for openings on the day shift

5 Most employers voluntarily give night workers higher wages than day workers, many countries have laws to ensure extra pay for night work. These range from 10-percent increases (Germany and the Philippines) to 50-percent increases (Korea), with many countries in between (25 percent in Ecuador, Greece, Ireland, Japan, Portugal, Switzerland, and Spain). In other countries, extra pay for night work is often achieved by collective bargaining. In the United States, the increase in pay for shift workers is between 7 and 10 percent

6 In Argentina, 52minutes of work at night is considered equivalent to an hour of daytime work. In Brazil, 52.5 minutes is equivalent to 1 hour. These conversions from 52 or 52.5 to 60 minutes are required by law and are used to calculate pay, overtime, and compliance with the maximum working hour restrictions. In Finland and Sweden, the maximum length of night work is 2 hours shorter than the daytime limit, and in Czechoslovakia it is 2.5 hours shorter. Australian night workers earn an extra week of vacation every year. Austrian night workers receive 2 to 6 extra vacation days per year Yugoslavian employees get 15 extra days. In both Austria and Luxembourg, night workers are entitled to early retirement by law, and Austrian night workers receive a special pension in addition

7 All times extended workdays are unavoidable because of technological constraints. Reactor Plants, Reprocessing plants, Heavy Water Plants, using continuous process techniques, any interruption in the process damages the man and machinery The arrangement of rotations is just as important as the number of hours worked. Physiological and Social problems associated with night and shift work are affected considerably by the scheduling of shifts Recent research has shown that permanent night shift work may be physically, mentally, and socially most disruptive to biological rhythms Iraq imposes a maximum of 1 month for night work, and Switzerland forbids more than 6 consecutive weeks of night work.

8 Shift workers can face health problems from continually operating out of synchrony with their biological rhythms. Factory canteens often close at night, and night workers must endure relatively poor food. Sleep during the day is more likely to be interrupted than sleep at night. Transportation and entertainment schedules are usually designed around standard daytime work schedules

9 One characteristic complaint of the shift worker is digestive problems. Often, ulcers can be traced to the quality and availability of food. With rotating shifts, continual variation in meal times disrupts the digestive system. In recognition of this, several countries have adopted special regulations for shift workers meals. French law stipulates special food arrangements. The U.S.S.R. also requires a free or subsidized meal for its night workers. Many other countries have food arrangements by collective agreement

10 According to the ILO Night Work Convention, 1990 (No. 171), Night work is all work which is performed during a period of not less than seven consecutive hours The first annual conference of International Labour Conference, or ILC) began on 29 th October 1919 in Washington DC and adopted the first six International Labour Conventions, which dealt with hours of work in industry, unemployment, maternity protection, night work for women, minimum age and night work for young persons in industry.

11 Section 57. NIGHT SHIFTS. - Where a worker in a factory works on a shift which extends beyond midnight, - (a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends; (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.

12 C171 - Night Work Convention, 1990 (No. 171) Convention concerning Night Work (Entry into force: 04 Jan 1995)Adoption: Geneva, 77th International Labour Conference session (26 Jun 1990) - Status: Up-to-date instrument (Technical Convention) For the purposes of this Convention: (a) the term night work means all work which is performed during a period of not less than seven consecutive hours, including the interval from midnight to 5 a.m., to be determined by the competent authority after consulting the most representative organisations of employers and workers or by collective agreements; (b) the term night worker means an employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the competent authority after consulting the most representative organisations of employers and workers or by collective agreements.

13 The Night Work Convention calls for measures to protect night workers health assist them to meet their family and social responsibilities, provide them with opportunities for occupational advancement and compensate them appropriately. In particular, it requires that night workers have the right to a regular health assessment and to first aid facilities. The Convention further requires that night workers certified as unfit for night work, as well as women during and after pregnancy, should be offered an alternative to working at night. The Convention also requires that night workers pay recognise the nature of night work, a requirement reflected in national laws and collective agreements in the form of premiums for work performed at night. The Convention also mandates that, before introducing a night work schedule, employers should consult workers representatives on the details of the schedule, the form of organization of night work best adapted to the establishment and its personnel, and the occupational health measures and social services required

14 Q: Does night work require payment of higher wages? Article 8 of the Night Work Convention (No.171) provides that compensation for night workers in the form of working time (i.e. shorter schedules or longer breaks), pay (i.e. night work premium) or similar benefits shall recognize the nature of night work. Paragraphs 8 and 9 of the Night Work Recommendation (No.178) elaborate on financial compensation. ILO instruments recognize that night work must carry an extra compensation, preferably but not necessarily in the form of higher wages.

15 ILO R178 - Night Work Recommendation, 1990 (No. 178) Recommendation concerning Night Work 1. For the purposes of this Recommendation: (a) the term night work means all work which is performed during a period of not less than seven consecutive hours, including the interval from midnight to 5 a.m., to be determined by the competent authority after consulting the most representative organisations of employers and workers or by collective agreements; (b) the term night worker means an employed person whose work requires the performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the competent authority after consulting the most representative organisations of employers and workers or by collective agreements.

16 When Night Duty is such as to require continuous application, it should be allowed Weightage of 10 minutes for Night Duty Allowance (NDA) is in effect provided in the shape of reduced weekly working hours.

17 The definition of night as the period between 2200hrs and 0600hrs is reasonable. The present weight age of 10 minutes for every hour worked is also adequate. Government may examine the question of bringing about uniformity among the various departments in regard to the definition of Night Duty allowance (NDA) and the weightage.

18 Resolution of Gazettee of India dated 13 th September 2, 1986 statement showing recommendation 19.V. Government may consider advisability of having the entire matter relating to NDA or weightage for hours of work performed during night examined as it has various aspects and implications. In the meantime Government may refix the rates of Night Duty allowance Accepted. In the meantime payment of this allowance may continue at existing rates.

19 Already Government has accepted the recommendations of It would therefore be necessary to wait for the IVth Central Pay Commission.inal decision of the government on the issue before Department of Atomic Energy (DAE) can proceed with a question of introducing any allowance its employees who are assigned with shift duty.

20 Chairman, National JCM directed that the concerned departments should finalise the discussions in the Department Council for NDA in a reasonable time

21 Payment of Night Duty Allowance (NDA) to those engaged in Night Duty Staff Side mentioned that NDA has already been introduced in Railways and P&T. After discussions, Official Side agreed to verify from the JCA Division of the Department of Personnel and Training about the applicability of the allowance to DA Employees. After verifying the existing pattern with Railways and P&T, the favourable rate will be made applicable to DAE units subject to confirmation from DOPT

22 Item:19 Deputy Secretary (IR) informed that the matter is under correspondence with the DOPT (JCA) Division for clarification.

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24 Staff Side brought to the notice of the Chairman that the Orders issued by the DOPT on NDA are yet to be implemented by units. In this connection, chairman referred to the clarification ought by NFC about the actual periods which would qualify for NDA. He also agreed to convene a meeting of administrative Heads of the Constituent Units on Jan 9, 1990 at Hrs in DAE to discuss and sort out all doubts the units may have in implementation of the orders.

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26 The workman had to earn night shift allowance by actually working in the night shift and his claim to that allowance was contingent upon his reporting to duty and being put to that shift

27 Recommended that the relaxation of ceiling for NDA be restored to only those categories presently availing themselves of this benefit. On all other aspects of NDA, we recommend status quo. The rates of NDA would improve substantially.

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30 The issue of payment of Night Duty Allowance based on actual salary instead of notional pay of Rs.2200/- is considered in the Ministry of Defence consequent of Courts judgments. Hon ble CAT Jodhpur has passed the following directions in OA No 34/2008 dated : (i) The Night Duty Allowance shall be paid to the applicants and the similarly situated persons on the basis of the actual salary after taking out the pay structure determinants like HRA etc., which have no actual relation to the work performed and on the basis of this pay, thus arrived at, Night Duty Allowance is payable to the applicants. (ii) The applicants are entitled to such arrears as is applicable to them from April 2007 on the basis of actual pay thus arrived at without any interest if the amount is calculated and arrears paid to them from six months from the date of receipt of a copy of this order and thereafter with 6% interest.

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32 State of Karnataka and others v. C. Lalitha reported as 2006(2) RSJ 19 wherein Hon'ble the Supreme Court held as follows:- "Service jurisprudence evolved by this Court from time to time postulates that all persons similarly situated should be treated similarly. Only because one person has approached the court that would not mean that persons similarly situated should be treated differently A Division Bench of this Court in the case of Satyapal Singh and others V. The State of Haryana and CWP No.7270 of another, 1999(2) RSJ 377 also observed as under: - "The respondents as a welfare State should rather see to it that the litigation in the Courts is minimized. After this Court or the Apex Court lays down the law, it should see it that similarly situated persons automatically get the same relief without resorting to litigation."

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35 Contd..

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38 Contd From the orders it is clear that Railway Employees are getting modified rate every six months on slab rate basis.but, still DAE employees attending night shift duties are getting as per the IV th pay commission pay scale

39 Contd Rates of Night Duty Allowance w.e.f RBE No.67/2011dated 16/5/2011 Rates of Night Duty Allowance w.e.f RBE No.160/2011) dated Rates of Night Duty Allowance (NDA) with effect from Railway Board Letter No: E(P&A) II-2012/HW-1 dated Rates of Night Duty Allowance w.e.f RBE 129/2012.

40 Contd. Rates of Night Duty Allowance w.e.f RBE No. 48/ No.E(P&A)II-2013/HW-2 dated Rates of Night Duty Allowance w.e.f Railway Board Letter No:E(P&A)II-2013/HW-2 Dated

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42 Para Continued grant of Cycle Allowance, Washing Allowance, Cash Handling Allowance, Special Allowance, Care Taking Allowance, Night Duty Allowance and Split Duty Allowance appears justified on functional considerations. The rates of these allowances may, therefore, need to be enhanced appropriately Para The Commission recommends doubling of the extant rates of Cycle Allowance, Washing Allowance, Cash Handling Allowance, Special Allowance, Night Duty Allowance and Split Duty Allowance.

43 Performance Related Incentive Scheme (PRIS) should also work as a substitute for bonus (whether linked to productivity or ad hoc), honorarium Para: Commission is of the view that a separate performance linked incentive scheme needs to be introduced to orient all Government departments towards better service delivery with higher emphasis on end results. Commission recommends introduction of a new performance based pecuniary benefit, over and above the regular salary, for the Government employees. The benefit will be called Performance Related Incentive Scheme (PRIS) and will be payable taking into account the performance of the employee during the period under consideration. Para: PRIS provides an opportunity to shift from the classical command and control administrative approach with vertical and horizontal differentiation to more holistic, flexible, empowering and consultative styles of working leading to greater job satisfaction and productivity

44 Para: The Commission, therefore, recommends immediate introduction of PRIS in DAE and DoS. Higher increase beyond what is available on account of increase in DA and normal increment should come in form of PRIS based on the individual/team based/project based performance during the reference period. PRIS would ensure that only the performance during the reference period is rewarded. Simultaneously, the scheme of variable increments discussed in Chapter 2.2 of the Report would ensure that a good performance during a year ensures some amount of permanent benefit for the succeeding years.

45 Para: (vii) The Performance Related Incentive Scheme (PRIS) and variable increments should also be made applicable to all Ministries/ Departments/ organisations in which FCS or merit based promotion scheme is in vogue. The scheme should be immediately implemented in all scientific departments working on mission mode as the achievements in these departments are easily quantifiable. Para:4.4.2 : The Commission, accordingly, recommends abolition of compensation in the form of Over Time Allowance or any other similar allowance to any of the Central Government employees except those belonging to the categories of operational staff and industrial employees governed by statute. The categories of operational staff and industrial employees who are governed by statutory provisions will need to be paid this allowance in accordance with the extant rules and instructions because payment of this allowance in their case is a statutory requirement.

46 Union Of India Rep. By Secretary, Ministry of Defence vs The Central Administrative Tribunal- Writ Petition No of 2003 and WPMP.No of Dated: The writ petitioners cannot place reliance on the interpretation given by the Financial Advisor C of A (Fys) at Kolkata, so as to deny benefits to the applicants. Duties and responsibilities of the Chowkidars and the Durwans are one and the same, so as to say that when the benefits extended to the Chowkidars were withdrawn, the same rule of law will apply to the case of Durwans also. In the absence of any specific order of withdrawal of the benefits(night Duty Allowance) the writ petitioners have no power to withdraw the same merely on the basis of the said interpretation given by the Financial Advisor C ofa Kolkata.

47 Night Shift Work is a key factor in the operation and maintenance of all DAE installations in the round the clock operation It is an upsetting reality that these night shift employees have not been extended the Night Shift Allowance because of applied barriers that prevent to grant NDA as in the case of Ministry of Defence but it is Physiological and Social problems. The Union of India, the DAE as well as the Units have a categorical obligation under the provisions of Factories Act / Rules and under various International treaties leave alone Central Administrative Tribunal Rulings relating to upholding the law in general and payment of Night Duty Allowance in revised pay without ceiling in particular to protect the rights of Night Shift employees