Working Hours and Overtime in West Bengal

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.

West Bengal Law

How West Bengal differs from central law

Working hours in West Bengal shops and commercial establishments are governed by the West Bengal Shops and Establishments Act, 1963. This Act covers all employees in shops, restaurants, hotels, theatres, and other commercial establishments across the state.

Under the 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. Every employee must receive a rest interval of at least one hour after 5 hours of continuous work. All employees are entitled to at least one day off per week. If an employee is required to work on a rest day, a compensatory day off must be given within the following three days.

For overtime work, employees must be paid at twice the ordinary rate of wages. The Act restricts night work for women between 8 PM and 6 AM in shops and establishments, although the state government has issued notifications allowing exceptions for IT and IT-enabled service companies with safety conditions. The Labour Directorate, West Bengal enforces these provisions through inspections.

Overtime floor — twice the wage, not 1.5×: The West Bengal Shops and Establishments Act, 1963 (Section 9) fixes overtime at 2× the ordinary rate. Kolkata IT/BPO and retail employers who pay at 1.5× are in violation of the state Act — they cannot rely on Factories Act rates to lower this. Overtime must also be capped at 50 hours per quarter; anything above that is a separate offence under Section 31.

IT/ITES night-shift exemption conditions: Under notifications issued by the Labour Directorate, West Bengal, IT and ITES establishments may allow women to work between 8 PM and 6 AM only if they provide (i) employer-arranged transport to and from residence, (ii) CCTV coverage of entry points and parking, (iii) at least 4 women on any night shift, and (iv) a functional Internal Complaints Committee under the POSH Act, 2013. Breach of any of these conditions voids the exemption and exposes the employer to penalties under the 1963 Act and the POSH Act.

Additional Steps in West Bengal

If your employer violates working-hour rules, file a complaint with the Inspector appointed under the West Bengal Shops and Establishments Act, 1963 at your local labour office. You can also approach the Labour Commissioner's office in your district. Trade unions can raise complaints through the conciliation machinery under the Industrial Disputes Act.

Relevant Law: West Bengal Shops and Establishments Act, 1963, Sections 7-12

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.