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Understanding the Working Hours as Per Labour Law in India—A Comprehensive Guide

working hours as per labour law in india

Introduction

Balancing employee welfare while maintaining industrial productivity could be a feat difficult to achieve, that’s where India’s labour laws emerge as the cornerstones in the workforce ecosystem. Working hours as per labour law in India are among one of the most critical aspects which dictate how long employees can work, their rest period, and provisions for overtime. Understanding these regulations is essential for compliance and fostering a fair workplace not only for employers and their HR personnel but also for employees. In this blog, we’ll explore the working hours rules in India, including the minimum and maximum working hours in India, and throw some light on the legal frameworks that govern them.

What are the Labour Working Hours in India?

Labour working hours in India refer to the time that an employee spends performing their job duties as regulated by the labour laws. These laws are set to prevent employee exploitation, ensure fair pay, and labour welfare. The primary legislation that governs the working hours stems from the Factories Act, 1948, the Shops and Commercial Establishments Acts, which vary state to state, and sector-specific regulations like the Mines Act, 1952. Each framework sets boundaries to protect the workers while allowing employers some flexibility within the legal limits.

For instance, the Factories Act is applicable to manufacturing units, while the Shops and Commercial Establishments Acts cover commercial establishments like offices, shops, hotels, etc. Understanding these labour laws helps clarify the maximum working hours in India and other critical provisions.

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Breaking down the legal limits of Maximum Working Hours in India

What are the maximum working hours in India? This question is sure to spark a debate in India, especially between Gen X and Gen Z. But fortunately, our compliance lies with the mandated laws and not how different generations prioritise their work. Let’s have a look at some regulations under various frameworks that dictate working hours rules in India.

Factories Act, 1948

Under this law, the labour working hours in India for workers above 18 years are restricted to:
  • 8 hours per day for 6 days a week
  • 48 hours per week as the upper limit
If an employer requires work beyond these set working hours as per labour law in India, it qualifies as overtime, further, overtime hours cannot exceed 10 hours in a single day. This includes regular hours, unless some special exceptions are granted by the labour authorities. Moreover, the workers performing overtime duties must receive at least double their regular wage rate. This is to ensure that exceeding the maximum working hours in India benefits the employees financially.
labour working hours in india

Shops and Commercial Establishments Acts

Shops and Commercial Establishment Acts are state-specific and typically follow working hours rules in India as per the Factories Act, i.e., capping the maximum working hours at 8 hours per day and 48 hours per week. But there are some states that allow extensions with a prior approval. Maharashtra, for example, has the limit that can be extended to 10 hours per day under specified conditions, given that compensatory rest is offered to the employees

Spread Over Rule

The concept of ‘spread over’ is as crucial as it is interesting. It refers to the total time a worker spends at the workplace that includes the rest intervals. Under the Factories Act, this cannot exceed 10.5 hours per day. This is set in order to ensure that workers aren’t overburdened even with breaks factored in.

Is There a Floor for the Minimum Working Hours in India?

While the maximum working hours in India are clearly defined by several frameworks, Indian labour laws do not mandate a minimum working hours threshold for full-time employees. This ambiguity often leaves employers and employees lost and confused alike. So, what’s exactly the reality behind minimum working hours in India?

No Statutory Minimum Working Hours as per Labour Law in India

As there is no mandate for the minimum working hours in India, the number of hours is typically outlined in the employment contract or the company policy. A standard full-time workday, as we commonly observe, is about 8-9 hours, but this isn’t legally enforced as a minimum.

Part-Time Workers

For part-time employees, the norm is much hazier. Since there are no guidelines specifying minimum working hours rules in India, it comes down to a mutual agreement between the employer and the employee. But this doesn’t exclude the part-time employees from any of the benefits like wages, leaves, bonuses etc., and they are entitled to these proportions under certain laws.

Practical Implications of Working Hours as per Labour Law in India

Based on the operational needs of the organisation, employers set the labour working hours in India, often aligning with the globally normalised 8-hour workday. But, without a legal floor minimum working hours in India, workers in informal sectors may face exploitation, working fewer hours than what’s needed for a sustainable income.
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Key Provisions of Working Hours Rules in India

The working hours as per labour law in India extend beyond just daily and weekly caps. These also include rest intervals, weekly off days, and special provisions for vulnerable groups. Let’s break them down:

Rest Intervals

  • As per the Factories Act, workers cannot work for over 5 consecutive hours without a break. A rest period of at least 30 minutes must be provided after every 4-5 hours.
  • Similar rules apply in shops and commercial establishments, though the duration may vary by state.

Weekly Offs and other State and National Holidays

  • Every worker is entitled to one full day off per week after 6 working days, generally Sundays, to ensure that labour working hours in India don’t lead to burnout over time.
  • If the day off cannot be offered on Sunday, it should be substituted with another day with prior agreement.
  • Employees are entitled to all the state and national holidays as declared by the government. In case of essential services, such as security, healthcare, and other 24/7 operations, employees required to work on these days will be compensated with a compensatory off (comp-off) on another working day. If comp-off is not available, then they will receive double the wage rate for the hours worked on the designated holiday.

Women and Young Workers

  • Women cannot work between 7 PM and 6 AM in factories or offices unless a special provision is granted by employer filling the Form R and prioritising their safety.
  • Young workers (15-18 years) are subjected to stricter limits, with a maximum of 4.5 hours of work per day and no night shifts.

Regulations for Overtime Working Hours as per Labour Law in India

  • As mentioned earlier, overtime hours must be compensated at twice the regular rate.
  • Total work hours per week are capped at 60 total hours a week, i.e. the regular work hours of 48 hours and the overtime hours should not exceed 60 hours in any given week.
  • Additionally, the total overtime hours are also capped at 144 hours per quarter under the Factories Act and 50 hours per quarter under the Shops and Commercial Establishments Act; however, some states may allow up to 75 hours with approval from the labour law regulatory bodies.
working hours rules in india

Sector-Specific Variations in Labour Working Hours in India

The labour working hours in India aren’t uniform across all the sectors. Here’s how they differ:

Mines

  • As per the Mines Act, 1952, underground mines workers have the limit of 9 hours per day as the maximum working hours in India.
  • Mine workers working above the ground can work for up to 10 hours per day.

IT and Corporate Sector

  • Most of the organisations in the IT industry often fall under state specific Shops and Commercial Establishments Acts.
  • The industry standard is 8 hours per day, but flexible schedules, work-from-home, and hybrid work arrangements have blurred the traditional boundaries. However, the overtime rules still apply, even if the employee is working from home.

Informal Sector

  • Millions of workers in India’s informal sector lack many necessary formal protections, making compliance with working hours rules in India alarmingly inconsistent. This highlights the need for broader enforcement of regulations.
labour working hours in india
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Challenges and Compliance Issues with Labour Working Hours in India

Despite having clear frameworks around working hours rules in India, its enforcement remains a challenge. Small businesses and informal employers often exceed the maximum working hours in India due to weak regulatory oversight. It’s not uncommon for employees to work for 12-14 hours without overtime pay, especially in labour-intensive sectors like construction and retail.

On the flip side, employers argue that these rigid caps hinder the productivity, especially in globally competitive industries. The government has responded by bringing reforms, such as the Occupational Safety, Health and Working Conditions Code, 2020, etc. to consolidate labour laws and adjust the labour working hours in India to balance flexibility, protection, and productivity. This makes the labour law advisory necessary in the current landscapes.

Conclusion

Let’s be real, navigating the working hours as per labour law in India can feel like a never-ending maze. With different rules for different industries, state-specific variations, and the ever-evolving regulations, getting lost is very easy. But labour law compliance isn’t just about avoiding penalties from the government but also about creating a fair and productive workspace where employees are valued, and businesses thrive.

That’s where Vishaal Consultancy Services comes in. We take all the guesswork out of the compliance, helping you understand and implement labour laws without the headache. Whether it’s working hours, overtime, or leave policies, we make sure that your business runs smoothly—legally and ethically. Connect with us today!

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