In India, the rules regarding working hours and overtime pay are primarily governed by various labour laws, including the Factories Act of 1948, the Shops and Establishments Act (which varies by state), and the Minimum Wages Act of 1948.
Working Hours
1. The Factories Act, 1948
- Daily Working Hours: Maximum of 9 hours per day.
- Weekly Working Hours: Maximum of 48 hours per week.
- Rest Interval: At least a half-hour break after every 5 hours of work.
- Spread Over: Total spread, including rest intervals, should not exceed 10.5 hours per day.
- Weekly Day Off: One mandatory day off per week, typically Sunday, unless substituted by another day with prior notice and approval.
2. Shops and Establishments Act
Every state has its own Shop and Establishment Act, but the general provisions are consistent across all states. The Labour Department of each respective state is responsible for implementing the Shop and Establishment Act.
For example -
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The basic provisions include:
- Daily Working Hours: Typically ranges between 8-10 hours, varying by state.
- Weekly Working Hours: Usually ranges between 48-54 hours, varying by state.
- Rest Interval: A break of at least half an hour after 4-5 hours of work.
- Spread Over: Should not exceed 12 hours per day.
- Weekly Day Off: One mandatory day off per week.
Please note that these provisions may change from state to state.
Overtime Pay
1. The Factories Act, 1948
- Overtime Rate: Twice the ordinary rate of wages for work beyond 9 hours a day or 48 hours a week.
- Calculation: Overtime is calculated based on the number of hours worked beyond the prescribed limits.
2. Shops and Establishments Act Overtime Rate:
- Generally twice the ordinary rate of wages.
- State Variations: Specific overtime calculations and rates may vary by state.
3. Minimum Wages Act, 1948
- Applicability: Applies to scheduled employment with government-fixed minimum wages.
- Overtime Rate: Employees working beyond the fixed working hours are entitled to overtime wages at the prescribed rate, generally twice the normal rate.
Special Provisions
1. Women Workers
- Night Shifts: Generally not allowed to work between 7 PM and 6 AM under the Factories Act, with exceptions subject to state government approval and provided safety measures.
- Shops and Establishments Act: Provisions for night shifts may vary by state.
2. Child and Adolescent Workers
- Child Workers: Employment of children below 14 is prohibited.
- Adolescent Workers: Adolescents (14-18 years) can work with restrictions, such as not more than 4.5 hours a day and no night work.
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Compliance and Penalties
- Employer Obligations: Employers must maintain records of working hours and overtime for all employees. Non-compliance can result in penalties, including fines and imprisonment.
- Employee Rights: Employees can lodge complaints with labour inspectors or authorities if their working hours or overtime pay rights are violated.
Exceptions and Exemptions
Certain industries or establishments may have exemptions or special provisions regarding working hours and overtime, especially for emergency services, continuous process industries, or specific state laws.
These regulations ensure that employees are not subjected to excessive working hours and receive fair compensation for any overtime work, promoting a healthy work-life balance and fair labour practices in India.
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FAQs
1. Can women work night shifts in India?
Under the Factories Act, women are generally prohibited from working between 7 PM and 6 AM, but exceptions can be made with state government approval and provided safety measures are in place. The Shops and Establishments Act's provisions for night shifts for women vary by state.
2. Are there different rules for child and adolescent workers?
Yes, children below 14 years are prohibited from working. Adolescents (14-18 years) can work with restrictions, such as not more than 4.5 hours a day and no night work.
3. What are the penalties for non-compliance with working hours and overtime rules?
Employers who do not comply with these regulations can face penalties, including fines and imprisonment, depending on the severity of the violation and the specific legal framework of the state.
REFERENCES
Written by Anushka Patel
Anushka Patel is a second-year law student at Chanakya National Law University. She is a dedicated student who is passionate about raising public awareness on legal matters
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Further Reading
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