Working Hours and Overtime in India

By Ahmed Alsaedi, Founding Editor

Source: Factories Act, 1948, ss. 51–66; Occupational Safety, Health and Working Conditions Code, 2020, Chapter IV (enacted, rules pending); Shops and Establishments Acts (state-level); Code on Wages, 2019, s. 14 (overtime rate)

Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Indian Central Law

What is this right?

Nine hours a day. Forty-eight hours a week. Double pay beyond that. Those are the numbers Indian factories have lived under since 1948, and they remain the headline rules under the new codes.

Factories (s. 51, 54, Factories Act): No more than 9 hours a day and 48 hours a week. The total spread-over from clock-in to clock-out cannot cross 10.5 hours without permission — that hour-and-a-half buffer is meant for legitimate breaks, not unpaid waiting time.
Overtime (s. 59, Factories Act; s. 14, Code on Wages): Anything past 9/day or 48/week is paid at twice the ordinary wage rate. There is no "flat rate" or "production bonus" that legally substitutes for this.
Rest intervals (s. 55): No more than 5 continuous hours without a half-hour break.
Weekly holiday (s. 52): One full day off every week. Not negotiable.
Shops and offices sit under the state Shops and Establishments Act — Maharashtra has its own, Karnataka has its own, and so on. The numbers are similar (typically 8–9 hours/day, 48 hours/week, one weekly off), but the inspector and the registers differ.

The most common dodge is to call something a "production incentive" or to record official hours that end at 6 pm while everyone is actually still at the line at 9. None of that overrides the statute. Overtime is a rate, not a favour.

When does it apply?

You work in a factory as defined under the Factories Act — 10 or more workers if power is used, 20 or more without power.
You work in a shop, office or commercial establishment covered by your state's Shops and Establishments Act.
You are being asked to work past the prescribed daily or weekly cap.

What to Do If Your Employer in India Denies Overtime Pay

The single most useful thing you can do is keep your own log. Inspectors and labour courts decide overtime cases on records, and if the only record is the employer's, the employer wins.

Maintain a personal log of your in-time and out-time every day. A phone photo of the punch board or the attendance register works as evidence.
The employer is legally required to maintain a register of working hours (Form 12 under the Factories Rules). You can ask to inspect it — refusal is itself a violation.
If overtime is missing or paid at the wrong rate, file a written complaint with the Inspector of Factories (factory workers) or the Labour Inspector / Inspector-cum-Facilitator under the Code on Wages.
Money claims for unpaid overtime go to the Authority under the Code on Wages — and you have three years to file.

What should you NOT do?

Do not sign anything waiving overtime. Such clauses are void against the statute, but it is far easier to refuse the signature than to fight the document later.
Do not work more than 75 hours of overtime per quarter (s. 64, Factories Act) without specific government permission — that is the statutory cap, and crossing it puts both you and the employer in violation.
Do not believe the line that "your salary package includes all overtime." It does not. Overtime must be calculated and paid separately at twice the ordinary rate.

State Law

Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Indian central law.

11 states available

Common Questions

When does working hours and overtime apply?

You work in a factory as defined under the Factories Act — 10 or more workers if power is used, 20 or more without power.You work in a shop, office or commercial establishment covered by your state's Shops and Establishments Act.You are being asked to work past the prescribed daily or weekly cap.

What should I do if my employer in India is not paying me for overtime?

The single most useful thing you can do is keep your own log. Inspectors and labour courts decide overtime cases on records, and if the only record is the employer's, the employer wins.Maintain a personal log of your in-time and out-time every day. A phone photo of the punch board or the attendance register works as evidence.The employer is legally required to maintain a register of working hours (Form 12 under the Factories Rules). You can ask to inspect it — refusal is itself a violation.If overtime is missing or paid at the wrong rate, file a written complaint with the Inspector of Factorie...

What mistakes should I avoid with working hours and overtime?

Do not sign anything waiving overtime. Such clauses are void against the statute, but it is far easier to refuse the signature than to fight the document later.Do not work more than 75 hours of overtime per quarter (s. 64, Factories Act) without specific government permission — that is the statutory cap, and crossing it puts both you and the employer in violation.Do not believe the line that "your salary package includes all overtime." It does not. Overtime must be calculated and paid separately at twice the ordinary rate.

Working Hours and Overtime in other states

Same topic, different jurisdiction. Pick the one that applies to you.