Author: Priya Khatri

In today’s fast-paced world, where the grind of work often takes a toll on health and family life, questions about working hours and overtime have become more important than ever. In India, where both traditional labor roles and modern workplaces coexist, the law provides specific regulations to maintain a balance between work and well-being. But are these laws widely understood? Do employees know their rights? This article aims to break down the rules around working hours and overtime in India into a simple, human-first explanation—because every worker deserves transparency, fairness, and dignity at work.

Why Regulate Working Hours

Imagine working 12 to 14 hours a day, six days a week, with no proper breaks or extra pay. Unfortunately, this isn’t just hypothetical—it’s still the reality for many workers across sectors. That’s why laws governing work hours exist: to protect employees from exploitation, ensure a healthy work-life balance, and promote productivity without burnout.

Key Legal Frameworks Governing Working Hours and Overtime

Several laws in India cover working hours and overtime pay. The main ones include:

1. The Factories Act, 1948

One of India’s cornerstone labor laws, the Factories Act applies to factories employing 10 or more workers with power assistance (or 20+ workers without power). It lays out clear rules:

• Standard Working Hours: Not more than 48 hours per week and 9 hours per day.
• Rest Intervals: Workers must be given a half-hour break after every 5 hours of continuous work.
• Weekly Off: At least one day off per week—typically Sunday, unless otherwise notified.

2. The Shops and Establishment Acts (State-specific)

Each state in India enforces its version of the Shops and Establishments Act, covering businesses like shops, IT firms, private offices, etc.

Though specifics vary by state, common features include:

• Work Hours: Usually, 8–9 hours per day and around 48 hours a week.
• Overtime Rules: If an employee works beyond the scheduled hours, they must be compensated with overtime pay.
• Holidays and Leaves: Employees are entitled to weekly offs and a specific number of paid/sick leaves.

3. The Minimum Wages Act, 1948

This law not only sets minimum pay rates but also addresses overtime pay:

• Overtime Pay: Workers must be paid at twice the ordinary rate of wages for overtime, usually when they exceed 9 hours/day or 48 hours/week.

4. The Code on Wages, 2019 (as part of labor code reforms)

India’s recent labor code reforms aim to simplify and unify laws. The Code on Wages covers wage-related issues and includes provisions for overtime.

• Under this code, overtime must be paid at twice the regular rate, and no one can be forced to work overtime without consent.

Understanding Overtime: Your Right to Fair Pay

Overtime is when you work more than the scheduled hours, typically over:

• 9 hours in a day, or
• 48 hours in a week

And for this extra work, you deserve extra wages—double your regular pay.

Let’s say your regular hourly wage is ₹100. For every overtime hour, you must be paid ₹200. It’s the law, and employers are obligated to follow it.

Also, remember—overtime should be voluntary. Forcing employees to do extra hours without their agreement is a violation of labor rights.

Daily and Weekly Limits: How Far Can You Be Made to Work?

The law draws a line to prevent excessive work:

• Daily maximum: 9 hours
• Weekly maximum: 48 hours
• Including Overtime: Total working hours (including overtime) should not normally exceed 10.5 hours/day

Even in exceptional cases—like urgent work or seasonal demand—employers must get approvals from labor departments if they need workers to cross these limits.

Do These Laws Apply to All Workers?

Here’s where things get a little more nuanced.

These rules mostly apply to:

• Factory workers
• Shop and office employees
• Wage earners covered under state laws

However:

• Senior management roles (with decision-making powers) often fall outside the purview of these laws.
• Gig workers, freelancers, and informal sector workers may not get this kind of legal protection—though upcoming labor codes hope to bring more inclusivity.

Still, regardless of designation, companies are encouraged to follow fair labor practices that apply to all.

What If Your Employer Isn’t Following the Law?

If you’re working extra hours without fair pay or proper breaks, you don’t have to suffer in silence.

Here’s what you can do:

• Speak to HR: Sometimes, violations happen out of ignorance, not malice. Start by checking internally.
• File a complaint: Workers can approach the Labour Commissioner or file a case under state-level Shops and Establishment Acts or the Factories Act.
• Legal Aid and NGOs: Organizations like SEWA and legal aid services can support underpaid or overworked employees.

And remember, whistleblower protections exist to protect you from retaliation in many states.

Why This Matters: Beyond Law, It’s About Dignity

At the end of the day, working hours and overtime laws aren’t just about numbers—they’re about respecting time, health, and human limits. Overworked employees suffer from stress, burnout, and even health issues over time. By ensuring they’re fairly compensated for overtime and not subjected to exploitative schedules, the law aims to preserve not just productivity but human dignity.

Final Thoughts: Know Your Rights, Speak Up When Needed

In India, the legal framework is largely in favor of fair and humane working hours. But awareness remains a challenge—many people simply don’t know what the law says, especially in the unorganized sector. If you’re an employee, take the time to understand your rights. If you’re an employer, ensure that your policies follow the law and prioritize the well-being of your team.

Balancing work and life shouldn’t feel like a luxury—it should be a right. And the law is here to help make that happen.