Working Hours and Overtime
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
Central law caps daily and weekly working hours for workers in factories and, under the new codes, for establishments more broadly.
- Factories: Maximum 9 hours per day and 48 hours per week (s. 51, 54, Factories Act). A spread-over (start to finish) cannot exceed 10.5 hours without permission.
- Overtime: Any work beyond 9 hours/day or 48 hours/week must be paid at twice the ordinary wage rate (s. 59, Factories Act; s. 14, Code on Wages).
- Rest intervals: Workers cannot work more than 5 continuous hours without a half-hour rest break (s. 55, Factories Act).
- Weekly holiday: Every worker is entitled to one whole day of rest per week (s. 52).
- Shops and offices are governed by state Shops and Establishments Acts, which broadly mirror the factory limits (typically 8–9 hours/day, 48 hours/week, one weekly off).
When does it apply?
- You work in a factory as defined under the Factories Act (10 or more workers with power, or 20 without).
- You work in a commercial establishment, shop, or office covered by the applicable state Shops and Establishments Act.
- You are required to work beyond the prescribed daily or weekly hours.
What should you do?
- Keep a personal record of your daily start and end times and any overtime worked.
- Your employer is required by law to maintain a register of working hours (Form 12 under Factories Rules) — you may request to inspect it.
- If overtime is not paid at double rate, file a complaint with the Inspector of Factories (for factory workers) or the Labour Inspector / Inspector-cum-Facilitator under the Code on Wages.
- Claims for underpaid overtime wages can be filed before the Authority under the Code on Wages within three years.
What should you NOT do?
- Do not agree in writing to waive overtime pay — such clauses are void against statutory provisions.
- Do not work more than 75 hours of overtime per quarter (s. 64, Factories Act) without specific government permission — excess overtime is illegal and poses safety risks.
- Do not assume that a salary package includes all overtime — overtime must be paid separately at the statutory double rate.
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