Working Hours and Overtime in Karnataka

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.
Karnataka Law
KA

How Karnataka differs from central law

Working hours and overtime pay in Karnataka are governed by the Karnataka Shops and Commercial Establishments Act, 1961 (Karnataka Act 8 of 1962) for shops, offices, IT/ITeS and service establishments, and by the Factories Act, 1948 for factories. The Factories (Karnataka Amendment) Act, 2023 (Karnataka Act 25 of 2023, in force 7 August 2023) introduced flexible hours for notified factory classes, and the four central Labour Codes became operational on 21 November 2025.

  • Shops and commercial establishments — §7(1): 9 hours per day and 48 hours per week; the daily cap including overtime is 10 hours (except on stock-taking days). Overtime in any continuous 3-month period is capped at 50 hours under the second proviso to §7(1).
  • Rest, spread-over and weekly off: §9 requires a rest interval of at least 1 hour after every 5 hours of continuous work. §10 caps the spread-over (first start to last finish, including rest) at 12 hours per day. §12 requires one full closed day every week.
  • Women's night shifts — §25 (substituted 19 October 2020): Women may work night shifts on written consent subject to 16 safety conditions — GPS-tracked secure transport, security guards, separate rest and locker facilities, no first-pickup or last-drop, and employer-borne creche costs.
  • Factories — §§51, 54, 55, 56: 48-hour weekly cap, 9-hour standard day, rest after 5 hours, spread-over up to 10.5 hours. Under the Factories (Karnataka Amendment) Act, 2023, notified classes may work up to 12 hours/day with a 12-hour spread-over on written consent (48-hour weekly cap preserved). The quarterly overtime cap was raised from 75 to 144 hours under §65(3)(iv), with written consent required under new §65(3)(v).
  • Women in factories — §66(1)(b) with 2023 proviso: Women may work between 7 p.m. and 6 a.m. on written consent, subject to 16 safety conditions including at least one-third women supervisors on the night shift and a 12-hour gap between shifts.
  • Overtime pay rate — §8 S&E Act and §59 Factories Act: Twice the normal/ordinary rate. "Normal wages" under §8(2) S&E Act means basic plus allowances plus the cash equivalent of any concessional food-grain advantage, excluding bonus. Factories Act §59(2) similarly includes allowances but excludes bonus and overtime wages; §59(3) specifies piece-rate calculation.
  • Overtime trigger under amended Karnataka §59: 6-day week — work above 9 hrs/day or 48 hrs/week; 5-day week — above 10 hrs/day or 48 hrs/week; 4-day week — above 11.5 hrs/day; any work on paid holidays attracts overtime.
  • Who is excluded: §3(1) S&E Act excludes managers (§3(1)(h)), inherently intermittent roles such as drivers, caretakers, watch-and-ward, canvassers (§3(1)(i)), and preparatory or complementary work including despatch clerks (§3(1)(j)). Under Factories Act §2(l), "worker" excludes mainly managerial or administrative staff and supervisory employees earning above ₹10,000/month.
  • IT/ITeS: Exempted from the Industrial Employment (Standing Orders) Act till 9 June 2029 (Notification LD 328 LET 2023 dated 10 June 2024). Hours of work under the S&E Act continue to apply; there is no blanket exemption from the 9-hour day or 48-hour week.
  • Worked example: A Bengaluru retail employee on a 9-hour shift at ₹600/day earns ₹66.67/hour. Working 11 hours on a non-stock-taking day breaches the 10-hour §7(1) cap. 2 overtime hours at twice the rate = 2 × ₹66.67 × 2 = ₹266.68 extra, plus ₹600 regular = ₹866.68 for the day. Once the quarter's overtime reaches 50 hours, further overtime is prohibited regardless of consent.

Additional Steps in Karnataka

Raise a dated written grievance with HR or the Internal Committee and keep acknowledgments. File a complaint with the jurisdictional Senior Labour Inspector at Karmika Bhavana, Bannerghatta Road, Near Dairy Circle, Bengaluru-560029 (080-26086107 / 26086235) — the Inspector has §27 S&E Act and §9 Factories Act powers of entry and prosecution. Escalate to the Commissioner of Labour via https://karmikaspandana.karnataka.gov.in or helpline 1902. Prosecution lies under §30 S&E Act (₹2,000–₹10,000 fine, imprisonment on repeat of §§24/25) or §92 Factories Act (imprisonment up to 2 years and/or fine up to ₹1,00,000; continuing contravention ₹1,000/day). File wage claims under §15(2) Payment of Wages Act, 1936 within 12 months (condonable; compensation up to 10× the deducted amount). Workmen can use §33C(1) ID Act within 1 year (condonable; Labour Court applications ordinarily disposed within 3 months). The central SAMADHAN portal (https://samadhan.labour.gov.in/) consolidates these options.

Avoid: Assuming all "managerial" employees are outside the Act — §3(1)(h) requires actual managerial functions, not just a designation. Do not assume the 12-hour day and 144-hour quarterly OT are automatic under the 2023 Factories amendment — they require a class or group notification, written consent and strict safety compliance. Do not miss the 12-month §15(2) or 1-year §33C(1) window. Do not accept "fixed CTC / no overtime" clauses — §8 S&E Act and §59 Factories Act cannot be contracted out.

Relevant Law: Karnataka Shops and Commercial Establishments Act, 1961, §§7, 8, 9, 10, 12, 25, 30; Factories Act, 1948, §§51, 54, 55, 59, 65, 66, 92; Factories (Karnataka Amendment) Act, 2023; Payment of Wages Act, 1936, §15; IT/ITES exemption Notification LD 328 LET 2023 (renewed 10 June 2024)

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.

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