West Bengal Hours (2026): 8.5/48 Cap, Spread-Over & Overtime

Researched by Ahmed R. J. Alsaedi, Founder & Head Researcher

Primary sources cited; not legal advice.

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)

About this article

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?

Metric: 9 hours
Metric: 48 hours
Metric: Code 2020 Chapter VII

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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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.
OvertimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. (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. OvertimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules.. 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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules.." It does not. OvertimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. must be calculated and paid separately at twice the ordinary rate.

West Bengal Law

Choose your state

How West Bengal differs from central law

Metric: 1963
Metric: Act covers all employees in shops

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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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.

OvertimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. floor — twice the wage, not 1.5×: The West Bengal Shops and Establishments Act, 1963 (Section 13) fixes overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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. OvertimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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 7-13 (working hours, intervals, weekly off, overtime at 2x ordinary rate)

Common Questions

What are the legal working hours in India?

Under the Factories Act and the upcoming OSH Code 2020, standard working hours are capped at 9 hours per day and 48 hours per week. Most state Shops and Establishments Acts (like the Gujarat Shops Act or Maharashtra Shops Act) also mandate similar 8 to 9-hour daily and 48-hour weekly limits.

How is overtime calculated in India?

Overtime must be paid at twice (2x) the ordinary wage rate for any hours worked beyond 9 hours a day or 48 hours a week. This double-rate standard applies universally under the Code on Wages 2019.

What is the working hours and overtime right in India?

Metric: 9 hoursMetric: 48 hoursMetric: Code 2020 Chapter VIIThe 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 Secti...

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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Every reference below links to its primary source — the statute book, regulator, or court — and carries a verification date. See our citation methodology for how this works.

West Bengal

StatuteWB Shops and Establishments Act, 1963 (§§7-13)
Agency guidanceWB Labour Commissionerate — working hours guidance
StatuteFactories Act, 1948 (overtime — §59)

India

StatuteFactories Act, 1948 (Act No. 63 of 1948), ss. 51, 54, 59
Caps factory hours at 9/day and 48/week; s. 59 requires double-rate overtime. Verified to current India Code handle (was incorrectly pointing to /2389 which is the Light House Act 1927).
StatuteCode on Wages, 2019, s. 14
Statutory overtime rate is twice the ordinary wage.
StatuteOccupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020)
Chapter IV restates daily/weekly hour limits, rest intervals and overtime rules across establishments. Verified to current India Code handle (was incorrectly pointing to /15407 which is the IPC).
Agency guidanceMinistry of Labour & Employment — Labour Codes
Tracks state-level notification status of the four labour codes.