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Work Hours and Overtime Pay in India

As per the Factories Act 1948, every adult (a person who has completed 18 years of age)
cannot work for more than 48 hours in a week and not more than 9 hours in a day. According
to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

The Minimum Wages Act, 1948 also speci es about the working hours under the rules 20 to Loading..
25 that the number of work hours in a day should not exceed 9 hours for an adult.

What are provisions under the labour law for over time in India? Check your Pay, Salary or Income
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Act Provisions under the Act

Factories Act, Under Sec. 59 it is mentioned that where a worker works in a factory for Fill up the Salary survey
1948 more than 9 hours in any day or for more than 48 hours in any week, Know more about your salary
he/she shall, in respect of overtime work, be entitled to receive wages at
Details are the rate of twice his/her ordinary rate of wages.
mentioned
regarding the Minimum Wages in India
working hours, for all States & Union Territories
spread over and
overtime in Sec.
51, 54 to 56 & 59
of the Act :  

Mines Act, 1952 Under Sec. 28 to 30 of the Act it is mentioned that no person employed in
a mine shall be required or allowed to work in the mine for more than 10
  hours in any day inclusive of overtime.

Minimum Wages  
Act, 1948
• Under Sec. 33 it is mentioned that for overtime wages are to be paid at
  the rate of twice the ordinary rates of wages of the worker. It mentions
that the employer can take actual work on any day upto 9 hours in a 12
hours shift. But he must pay double the rates for any hour or part of an
hour of actual work in excess of nine hours or for more than 48 hours in
any week.
• Sec. 14 of the Act mentions that any worker whose minimum rate of
wages are xed with wage period of time, such as by hour, by the day or
by any such period and if a worker works more than that number of Find out if your job has
hours, it is considered to be overtime. In case if the number of hours decent work conditions
constituting a normal working day exceeds the given limit, then the
employer will have to pay him for every hour or for part of an hour for
which he has worked in excess at the overtime rate.

Bidi and Cigar Under Sec. 17 & 18 of the Act relating to working hours, it is mentioned
Workers that the period of work including over time work should not exceed 10
(Conditions of hours in a day and 54 hours in a week.
Employment)
Act, 1966

Contract Labour As per Rule 79 of the Act, it is compulsory for every contractor to maintain
(Regulation & a Register of Overtime in Form XXIII which will contain all details relating
Abolition) Act, to overtime calculation, hours of extra work, name of employee, etc.
1970

 
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 Building and Under Section 28 & 29 of the Act, it is mentioned that worker who is
Other working overtime will be paid Overtime wages at the rate of twice the
Construction ordinary rate of wages.
Workers
(Regulation of
Employment
Service) Act,
1996

Working As per Rule 10 of the Act, it is mentioned that a working journalist who
Journalist works for more than 6 hours on any day in day shift and more than 5½
(Conditions of hours in night shift shall be compensated with rest hours equal to hours
Service) and for which he/she has worked overtime.
Miscellaneous
Provisions Act,
1955

Plantation As per section 19 of the Act where an adult worker works in any
Labour Act, 1951 plantation on any day in excess of the number of hours constituting a
normal working day or for more than 48 hours in any week, he/she shall, in
  respect of such overtime work, be entitled to twice the rates of ordinary
wages. Provided that no such worker shall be allowed to work for more
than 9 hours on any day and more than 54 hours in any week.

What is said about work on short notice?

As per the Chapter VI of the Factories Act, 1948, the notice period of work, xed in
accordance with the provisions of Act should be displayed in the factory. It also mentions that
any proposed change should be noti ed to the Inspector, before the change is made.

Women and work hours

What are provisions relating to work time of women under the law?

Section 66 of the Factories Act, 1948 imposes restriction on employment of women to work
between 7.00 pm to 6.00 am. However, the Chief Inspector is empowered to grant relaxation,
but in that case women are not permitted to work between 10.00 pm to 5.00 am.

Work days & break period

What does the law say about working days?

Factories Act, 1948 speci es that weekly holiday on the rst day of the week, which is Sunday
or may be any other day, as may be approved in writing by the Chief Inspector of Factories, for
a particular area is necessary.

Under Section 52, there is provision for substitution of weekly holiday so that by complying
with the requirements of this section, workers may be permitted to work on the day of weekly
holiday. Provision also speci es on allowing compensatory holiday, in lieu of unavailed weekly
holiday.

What does the law say about breaks?

As per the provisions of the Factories Act, 1948 a rest interval of at least half an hour should
be provided, in such a way that no period of work shall exceed 5-1/2 hours.

According to Minimum Wages Act, the working day of an adult worker shall be so arranged
that inclusive of the interval of rest it shall not exceed 12 hours on any day.

Work hours for young workers

What are the provisions relating to work time for young person?

The young person as per provision of Factories Act, 1948 is de ned as “child” or “adolescent”
(a person who has completed 15 years of age, but not completed 18 years of age). It mentions
that working hours of child workers are limited to 4-1/2 hours a day. It also speci es that the
spread-over should not exceed 5 hours. The provisions of the Act also specify that female
child workers are prohibited to work between 7.00 pm to 8.00 am as per Section 71.

As per the Minimum Wages Act, 1948 the number of hours of work for adolescent shall be
xed by the medical practitioner as approved by the Government, which be decided on
consideration of adolescent as an adult or child. The child should, however, not be allowed to
work for more than 4-1/2 hours on any day.

 
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