Working Hours and Overtime in Haryana

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?

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 to Do If Your Employer in India Denies Overtime Pay

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.

Haryana Law

How Haryana differs from central law

Working hours, daily rest breaks, and overtime pay in Haryana are governed by the Haryana Shops and Commercial Establishments Act, 1958, as substantially revised by the Haryana Shops and Commercial Establishments (Amendment) Ordinance, 2025 (effective 12 November 2025) and the Amendment Bill, 2025 passed by the Haryana Assembly in December 2025. Sections 7 and 8 govern daily hours, rest intervals, and overtime; for factory workers, the Factories Act, 1948 applies in parallel.

Coverage threshold raised: The full Act applies to shops and commercial establishments with 20 or more workers (up from 10 before the 2025 amendment). Establishments below 20 workers are required only to intimate the business — they are not subject to the full compliance regime.
Daily and weekly limits: Maximum 10 hours per day (raised from 9 by the 2025 amendment) and 48 hours per week (unchanged). Any hours beyond 48 in a week still trigger statutory overtime pay regardless of the higher daily cap.
Rest break (§8): After 6 consecutive hours of work (raised from 5), employers must give a minimum 30-minute rest or meal break. Overtime records must separately log start and end times.
Overtime pay (§7(2)): Overtime is paid at twice the ordinary wage rate. There is no daily cap on overtime pay; every hour beyond the daily or weekly limit is paid at 2× irrespective of wage level.
Quarterly overtime cap: The 2025 amendment raised the quarterly overtime limit to 156 hours (from 50) — the highest quarterly cap of any major Indian state. Overtime must be voluntary; coerced overtime is a separate violation that is reportable independently.
Children and young persons: Employment of children below 14 is prohibited. Young persons (below 18) may work a maximum of 5 hours/day and 30 hours/week.
Women's night work: The pre-amendment Act prohibited employment of women at night. The 2025 amendment's effect on women's night-shift rules is not explicitly stated — treat the prohibition as still operative until a clarifying notification issues.
Appointment letters and ID cards: The 2025 amendment introduced a mandatory requirement to issue appointment letters (with photograph attached) and identity cards to every worker. Absence of an appointment letter is a standalone compliance violation.
Records and reporting: Working hours, rest intervals, leaves, and overtime must be separately recorded. Overtime must be reported to the Inspector within 24 hours. Closure of an establishment must be intimated online within 30 days.
Rest-day working: Working on a mandatory weekly rest day entitles the worker to compensatory leave or double wages — not both, and compensatory leave alone is not a full substitute for monetary overtime.
Payment timing: Overtime must be paid in the same wage period in which it was worked, not deferred to a later cycle.
Decriminalisation: The 2025 amendment replaced imprisonment for minor offences with monetary penalties, but wage-recovery and eviction-style remedies for workers remain available.

Worked example — BPO in Gurugram. A BPO with 35 staff schedules 10-hour shifts, Monday–Friday. That is 50 hours/week. The first 48 hours are paid at ordinary wages; the remaining 2 hours trigger overtime at 2×. The employer must also provide a 30-minute break after every 6 consecutive hours and issue an appointment letter with a photograph attached. Retail worker example: a worker earning ₹450/day (≈ ₹56.25/hour on an 8-hour shift) who logs 80 overtime hours in Q1 2026 (within the 156-hour quarterly cap) is owed 2× × ₹56.25 × 80 = ₹9,000. If the employer pays only 1.5×, the worker is short ₹2,250 — recoverable under the Payment of Wages Act, 1936 within 12 months of the due date. Forced overtime in the same period is a separate, independently reportable violation.

Additional Steps in Haryana

What to do

File a complaint with the Inspector under the Haryana Shops and Commercial Establishments Act at the District Labour Office (Shram Vibhag). The employer's obligation to keep overtime records makes Inspector-led enforcement effective.
Escalate to the Deputy Labour Commissioner or the Labour Commissioner, Haryana (Chandigarh) if the District Labour Office does not act.
For back-wages or termination disputes arising from hours violations, approach the Labour Court under the Industrial Disputes Act, 1947.
File a wage-recovery claim before the Authority under the Payment of Wages Act, 1936 within 12 months of the due date.
Request the appointment letter (with photograph) and identity card — absence of either is a standalone violation of the 2025 amendment.

Avoid

Assuming the old 9-hour daily limit still applies. The 10-hour daily cap replaced it on 12 November 2025. Hours beyond 48/week still trigger 2× overtime regardless of the higher daily cap.
Skipping the appointment letter. It is now mandatory — its absence is independently actionable.
Conflating the daily-hours increase with any elimination of overtime obligations. Overtime at 2× survives unchanged.
Accepting compensatory leave as a full substitute for monetary overtime — monetary pay is the default entitlement.
Signing a waiver of overtime. A waiver is void against a statutory right.

Relevant Law: Haryana Shops and Commercial Establishments Act, 1958, §§7, 8; Haryana Amendment Ordinance 2025 / Amendment Bill 2025; Payment of Wages Act, 1936, §15

Common Questions

When does working hours and overtime 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 I do if my employer in India is not paying me for overtime?

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 mistakes should I avoid with working hours and overtime?

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.

Working Hours and Overtime in other states

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