Question: I work for a large industrial company, which have just introduced shift work. They formulated a two shift pattern consisting of the following: Night shift starting on Sunday night at 19H00 and ending at 5H00 the following morning. Overtime paid on exceeding 8 hours – equals 2 hours taking into consideration 1 hour break. The shift continues until Friday morning 5H00. Day shift starts on Monday morning 7H00 till 15H30, and ends on Saturday 15H30. Overtime paid for Saturday is 8 hours. Next duty starts again on Sunday at 19h00. The idea is to be productive 24/7.

Due to shortage of staff a two shift pattern was the only option, as to a three shift pattern. The rest periods fall within limits of BCE, I presume. My concern is the long hours of work at night, the frequency of night shift, and the inclusion of overtime during the shift. Am I obliged to work overtime against my will, and can I take the time off rather than get paid? Your advice will be appreciated. Thank you

Answer: You may have grounds for complaint if you are working continual night shifts and they must allow for a break between change of shifts I.e. Day/night. Overtime must be paid correctly as Sunday time is as such. You will also be entitled to a night shift allowance as soon as you have completed 3 consecutive night shifts.

You cannot be forced to work excessive overtime. The law prescribes 10 hours maximum per week. They can ask that you do extra but cannot enforce such. All requests if reasonable and valid are within legal grounds.

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