Working Hours and Overtime in Kerala

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.

Kerala Law

How Kerala differs from central law

Working hours in Kerala for employees in shops and commercial establishments are governed by the Kerala Shops and Commercial Establishments Act, 1960. Under this Act, no employee can be required to work more than 8 hours in a day or 48 hours in a week. Employees are entitled to a rest interval of at least one hour after five hours of continuous work.

Every employee must receive at least one day off per week. If an employee works on their weekly holiday, they must be given a compensatory holiday within the same month. Overtime must be paid at twice the ordinary rate of wages. The Act also requires that shops and commercial establishments close by 9 PM (with certain exemptions for specific categories like restaurants, pharmacies, and IT establishments, which can operate until 10 PM or later with government permission).

Kerala's plantation sector is governed by the Plantations Labour Act, 1951, under which working hours for plantation workers are limited to 8 hours per day and 48 hours per week, with a compulsory weekly rest day. Given the significance of tea, rubber, and spice plantations in Kerala, these protections cover a large workforce.

Overtime calculation — Section 10 of the Kerala S&E Act: Overtime in shops and commercial establishments must be paid at twice the ordinary wage rate. 'Ordinary rate' means basic plus dearness allowance — not basic alone. Hotel and restaurant employers in Kochi, Thiruvananthapuram, and Kozhikode who exclude service charges or allowances from the overtime calculation are violating the Act. Overtime is capped at 50 hours per quarter per employee.

Closing hours — 9 PM rule and IT/ITES carve-out: Under Section 11, shops must close by 9 PM. Restaurants, pharmacies, petrol stations, and essential service outlets can operate later under blanket exemptions. IT and ITES establishments operate 24×7 under the Kerala Shops and Commercial Establishments (Exemption) Notification, but only if they provide transport for women employees after 9 PM, CCTV at entry and parking, and a functional POSH Internal Complaints Committee. The Labour Commissioner can withdraw the exemption for non-compliance.

Leave entitlements on top of working hours: The Kerala Shops and Commercial Establishments Act grants 12 days of earned leave, 12 days of casual leave, and 12 days of sick leave per year (total 36 paid leave days), which is higher than most Indian states. Earned leave can be encashed at the time of separation under Section 13.

Additional Steps in Kerala

If your employer violates working-hour rules, file a complaint with the Inspector appointed under the Kerala Shops and Commercial Establishments Act at your local Taluk Labour Office. You can also approach the Labour Commissioner's office in your district. For plantation workers, complaints go to the Inspector of Plantations.

Relevant Law: Kerala Shops and Commercial Establishments Act, 1960, Sections 7-14; Plantations Labour Act, 1951, Sections 18-19

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.