If I talk about according to law, an employee can't work more than 48 hours in a week, and he/she will be eligible for one weekly off. If a worker works more than 48 hours, he/she will be eligible for overtime. However, according to the law, a worker can't work more than 48 hours in a week. After that, we will have to pay overtime to the worker. Working hours more than 48 hours are illegal, so I am not able to understand this point. What should we do, and what are the penalties? Please explain.
From India, Delhi
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4From India, Delhi
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Hi Nitin Sharma,
According to the Labour Law and Minimum Wages Act, the working hours in any organization should be 8 hours, excluding the break time, which is 1 hour. This amounts to 48 hours a week if the respected company works for 6 days a week. As per company requirements, overtime can be included in the working hours, although it should not exceed 12 hours per week and 50 hours in a quarter. So, according to the law, it is illegal, but I'm sure you have experienced companies working outside of this rule. For penalties, please refer to the Labour Law of India.
From India, Mumbai
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According to the Labour Law and Minimum Wages Act, the working hours in any organization should be 8 hours, excluding the break time, which is 1 hour. This amounts to 48 hours a week if the respected company works for 6 days a week. As per company requirements, overtime can be included in the working hours, although it should not exceed 12 hours per week and 50 hours in a quarter. So, according to the law, it is illegal, but I'm sure you have experienced companies working outside of this rule. For penalties, please refer to the Labour Law of India.
From India, Mumbai
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Dear Manish ji, You mean to say that an employee can work 10 hrs per day excluding break time but we will have to pay over time. So it has mention in any act or not.
From India, Delhi
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From India, Delhi
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Nitin - The right response here is this: An employee can work 48 hours in a week, legally and at the compensation agreed upon. Asking an employee to work more hours than the stated 48 hours is illegal, and anything beyond that is considered 'overtime' and requires the employee to be compensated at a rate over and above the pay.
Net/Net:
1) Employee works 48 hours a week and gets paid his monthly salary (48 hours every week, for all weeks of the month) - Legal
2) Employee paid at the rate of 48 hours a week but forced to work additional hours without pay - Illegal
From India, Mumbai
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Net/Net:
1) Employee works 48 hours a week and gets paid his monthly salary (48 hours every week, for all weeks of the month) - Legal
2) Employee paid at the rate of 48 hours a week but forced to work additional hours without pay - Illegal
From India, Mumbai
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Dear Member,
You mean to say that if we have a lot of work and we need to work extra, so if an employee agrees to work extra, then he can work more than eight hours, whether there is extra work for two hours or double duty, meaning eight hours.
From India, Delhi
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You mean to say that if we have a lot of work and we need to work extra, so if an employee agrees to work extra, then he can work more than eight hours, whether there is extra work for two hours or double duty, meaning eight hours.
From India, Delhi
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Dear Nitin,
As per the Factory Act regarding working hours, the following points are outlined below:
1. The maximum working hours in a day can be 8 hours, and 48 hours in a week as a routine.
2. Working hours should be arranged so that workmen receive at least a half-hour rest after continuous working for 5 hours.
3. In the case of urgent repair of factory equipment or machinery, your unit is exempted to work for a maximum of 10 hours in a day. This means that all working hours cannot exceed 10 hours per day.
4. Only in situations of urgent repairs and continuous processes, overtime (OT) can be performed, and not otherwise.
5. The total working hours, including overtime, cannot exceed 60 hours per week.
6. Overtime will not exceed 50 hours in a quarter.
Thank you.
From India, Dehra Dun
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As per the Factory Act regarding working hours, the following points are outlined below:
1. The maximum working hours in a day can be 8 hours, and 48 hours in a week as a routine.
2. Working hours should be arranged so that workmen receive at least a half-hour rest after continuous working for 5 hours.
3. In the case of urgent repair of factory equipment or machinery, your unit is exempted to work for a maximum of 10 hours in a day. This means that all working hours cannot exceed 10 hours per day.
4. Only in situations of urgent repairs and continuous processes, overtime (OT) can be performed, and not otherwise.
5. The total working hours, including overtime, cannot exceed 60 hours per week.
6. Overtime will not exceed 50 hours in a quarter.
Thank you.
From India, Dehra Dun
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Thank you, sir. Now I understand. Sir, could you tell me one more thing? We want to change our policy. We want to give two weekly offs in a week (Saturday and Sunday), but the working hours will be nine hours rather than eight hours in a day. Is this possible, sir?
From India, Delhi
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From India, Delhi
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Dear Nitin,
First of all, this act applies in those units where I don't think any employer would want to have five days of working in a week. Anyway, if you want to change the company policy, you can, but there is no matter of five working days or six working days. The important thing is that weekly working hours should not exceed 48 hours (normal). For more clarification, I request seniors to please share your valuable views.
From India, Dehra Dun
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First of all, this act applies in those units where I don't think any employer would want to have five days of working in a week. Anyway, if you want to change the company policy, you can, but there is no matter of five working days or six working days. The important thing is that weekly working hours should not exceed 48 hours (normal). For more clarification, I request seniors to please share your valuable views.
From India, Dehra Dun
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Just needed a small help regarding working time. I am working in an organization and doing almost 72 hours a week. There's no overtime which has been paid to me till now. Is this legal?
And if I would be interested in complaining about this issue, how to go about it or where to report them - Please let me know - Thanks in Advance.
From India, Hyderabad
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And if I would be interested in complaining about this issue, how to go about it or where to report them - Please let me know - Thanks in Advance.
From India, Hyderabad
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Hi AR85,
Before somebody puts their comment, we would like to know further information regarding your work, such as the industry you are in, your designation, and the location of your organization.
As per legal requirements, and as many friends have suggested, employees are not allowed to work beyond 8 hours per day or 48 hours per week, excluding break hours. There are provisions for working overtime within permissible limits, but that must be paid at double the standard wages – that is the right of the employee.
Regarding complaints, please provide the necessary data first, as mentioned above.
From India, Alwar
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Before somebody puts their comment, we would like to know further information regarding your work, such as the industry you are in, your designation, and the location of your organization.
As per legal requirements, and as many friends have suggested, employees are not allowed to work beyond 8 hours per day or 48 hours per week, excluding break hours. There are provisions for working overtime within permissible limits, but that must be paid at double the standard wages – that is the right of the employee.
Regarding complaints, please provide the necessary data first, as mentioned above.
From India, Alwar
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