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48 Hour Work Week Law in India: Jail for Overwork, Employees Know Your Legal Rights

Recently the chairman of MNC company Larsen & Toubro (L&T) S. N. Subramaniam issued a statement in which he advised his employees to work 90 hours a week. After this, a debate has raged across the country over working hours.

From Bollywood actress Deepika Padukone to RPG Enterprise Chairman Harsh Goenka, S. N. Subramaniam's statement was severely criticized. Harsh Goyenka said that work should be done smartly, not like slavery.

Earlier, Infosys Chairman Narayan Murthy also advised the youth to work 70 hours a week. In such a situation, the question arises as to what is the rule regarding working hours in India. What does labor law say about this?

So today In work news We will talk about what is the rule regarding working hours in India? You will also learn that-

  • What does labor law say about overtime?
  • What action can be taken against a company for violating labor laws?

Expert: Ravi Ranjan Mishra, Advocate, Supreme Court

Question: What are the working hours in India? Answer- Hours of work are fixed in the Factories Act, 1948. Accordingly, working hours in factories and production units in India have been fixed at a maximum of 9 hours in a day and 48 hours in a week. In a 9-hour shift, a person should get a one-hour lunch break.

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Also one holiday in a week is required. If an employee works more than his scheduled time, he has to be paid overtime.

Q- What is the law regarding overtime? Answer- According to the Factories Act, 1948, if a person works more than 48 hours in a week, he is entitled to double the payment for the extra hours. However, even after overtime is paid, work may not exceed 60 hours per week. According to this law, factories are required to give their employees a break of at least half an hour after a maximum of five hours of work. It is clear in the Act that this rule is only for employees working in factories.

Question- What action can be taken against a company if it is arbitrarily working hours? Answer- Supreme Court advocate Ravi Ranjan Mishra says that the Factories Act, 1948 lays down certain rules for action against a company or factory. According to Section 92 of this Act, if a company contravenes any provision of this Act, it shall be punishable with fine which may extend to one lakh rupees, the owner of the company shall be liable to imprisonment for a term which may extend to one year or both.

Question: If the company does not pay overtime, to whom can the employee complain? Answer- If the employee has worked then he has right to get his salary. If a company or contractor withholds or refuses to pay an employee's salary, a complaint can be filed. For this the employee should first make a written complaint to the local police. If the police do not take the complaint seriously, the employee can file a complaint in the State Government Labor Court or District Court.

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In this written complaint you must enter your full name, address, phone number, employee ID, full name, address and place of work of the contractor or company along with the amount due. Along with this, the employee also has to state the place or project for which he has worked for a long time. Apart from this you can also file a written complaint in the Labor Commissioner's office. The Labor Commissioner can also take legal action and pay your dues.

While making a complaint, some points given in the graphic should be kept in mind.

If an employee does not receive proper payment for working more than the prescribed hours, he can complain to the Labor Court or the office of the Labor Commissioner. If a company repeatedly violates labor laws, its license may also be revoked.

Q- How many hours a week do people work in developed countries? Answer- You may be surprised to know that people in the developed countries of the world work less than 40 hours a week.

This also fits the standard of work per week set by the World Health Organization (WHO). It includes many developed countries including America, Britain, Japan, Germany, France, Russia, Australia, Italy, Sweden and Switzerland.

Question- How many hours a week do people in India work on average? Answer- India is one of the countries in the world where employees work long hours. According to the International Labor Organization (ILO), every employee here works 46.7 hours a week. Also, 51% of employees work 49 or more hours per week. India ranks second among countries with longest working hours in the world. Bhutan tops the list, with 61% of employees working 54.4 hours a week.

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Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).

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