Working Hours and Overtime in Uttar Pradesh
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
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.
How Uttar Pradesh differs from central law
Working hours for employees in shops and commercial establishments in Uttar Pradesh are governed by the UP Shops and Commercial Establishments Act, 1962. This Act applies to all shops, commercial establishments, restaurants, theatres, and other places of public amusement or entertainment across the state.
Under the 1962 Act, no employee in a shop or commercial establishment can be required to work more than 9 hours in a day or 48 hours in a week. Employees must get a rest interval of at least 30 minutes after 5 hours of continuous work. Every employee is entitled to one day off per week. Overtime must be paid at twice the ordinary rate of wages.
In 2020, the UP government passed an ordinance that temporarily exempted most businesses from key labour law provisions (including working hour limits) for three years, aiming to attract investment post-COVID. However, following widespread criticism from trade unions and intervention by the Supreme Court and the International Labour Organization, most provisions of this ordinance were not enforced and it lapsed without being enacted as a permanent law.
Additional Steps in Uttar Pradesh
If your employer violates working-hour rules, file a complaint with the Inspector appointed under the UP Shops and Commercial Establishments Act, 1962 at the district Labour Office. You can also approach the Labour Commissioner's office. For factory workers, complaints go to the Chief Inspector of Factories, UP, based in Kanpur.
Relevant Law: UP Shops and Commercial Establishments Act, 1962, Sections 7-12; Factories Act, 1948, Sections 51-56
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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