Working Hours and Overtime — Karnataka

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Source: Code on Wages, 2019, ss. 13–14 (normal working day + overtime at not less than twice the ordinary rate) — enforceable 21 November 2025; OSH Code, 2020, Chapter VII (9-hour daily / 48-hour weekly caps, 125-hour quarterly OT cap) — enforceable 21 November 2025; Factories Act, 1948, ss. 51-66 (transitional operation in factories pending full OSH Code state rules); State Shops and Establishments Acts (for shops and commercial establishments)

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?

The headline numbers depend on where you work. Factory workers are capped at 9 hours a day, 48 hours a week under the OSH Code 2020 Chapter VII (enforceable 21 November 2025), with a quarterly overtime cap of 125 hours — up from 75 hours under the old Factories Act 1948. Daily-wage employees in the central sphere are capped at 8 hours a day, 48 hours a week under Rule 5(1) of the Code on Wages (Central) Rules, 2026 (G.S.R. 343(E), 8 May 2026). Both regimes set overtime at not less than twice the ordinary rate — the Code on Wages Section 14 extends this double-rate standard to every sector, not just factories.

  • 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.
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

What is the working hours and overtime right in India?

The headline numbers depend on where you work. Factory workers are capped at 9 hours a day, 48 hours a week under the OSH Code 2020 Chapter VII (enforceable 21 November 2025), with a quarterly overtime cap of 125 hours — up from 75 hours under the old Factories Act 1948. Daily-wage employees in the central sphere are capped at 8 hours a day, 48 hours a week under Rule 5(1) of the Code on Wages (Central) Rules, 2026 (G.S.R. 343(E), 8 May 2026). Both regimes set overtime at not less than twice the ordinary rate — the Code on Wages Section 14 extends this double-rate standard to every sector, not...

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.

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