Labour Law Working Hours Per Day

In India, the working hours per day are governed by various labor laws, primarily the Factories Act, 1948, the Shops and Establishments Act (state-specific), and the newly introduced Code on Wages, 2019 and Occupational Safety, Health, and Working Conditions Code, 2020. These laws regulate the working conditions, including daily and weekly working hours, for different types of workers.

Key Provisions for Working Hours in India:

1. General Working Hours:
   • Daily Limit: A standard working day should not exceed 8 to 9 hours.
   • Weekly Limit: The total working hours should not exceed 48 hours in a week.
   • Rest Interval: An interval or break of at least 30 minutes should be given after every 5 hours of continuous work.
   • Overtime: Any work beyond the stipulated 8-9 hours per day or 48 hours per week is considered overtime. Overtime work is generally compensated at twice the regular rate of wages.
2. Factories Act, 1948:
   • Applicability: This Act applies to factories employing 10 or more workers with power and 20 or more workers without power.
   • Working Hours: The maximum number of hours a worker can work in a day is 9 hours, with a weekly limit of 48 hours.
   • Overtime: For any work beyond 9 hours a day or 48 hours a week, workers are entitled to overtime wages at the rate of double the ordinary rate of wages.
3. Shops and Establishments Act:
   • Each state has its own Shops and Establishments Act, which governs the working hours for employees working in shops, commercial establishments, hotels, restaurants, etc.
   • Generally, the working hours are limited to 8-9 hours per day and 48 hours per week.
   • Rest Days: One day of rest (typically Sunday) is mandatory in a week.
4. Code on Wages, 2019 & Occupational Safety, Health, and Working Conditions Code, 2020:
   • The new labor codes consolidate various labor laws, including those related to working hours.
   • Daily and Weekly Working Hours: Under these codes, the standard working hours remain the same (8-9 hours per day and 48 hours per week), but they allow for flexibility in determining the number of days per week, provided the total weekly working hours do not exceed 48.
   • Spread Over: The working hours, including overtime, should not exceed 12 hours in a day.
5. Overtime Regulations:
   • Overtime is generally compensated at twice the normal rate of wages.
   • The number of overtime hours an employee can work is typically regulated and varies by state and sector.
6. Women and Young Workers:
   • For women, certain restrictions may apply to night shifts (working hours between 7 PM and 6 AM), depending on the sector and state laws.
   • Young workers (ages 14-18) are prohibited from working more than 4.5 hours a day in factories or mines.
7. Exceptions and Special Cases:
   • Certain sectors, like IT and ITES, may have exemptions or more flexible working hours based on state-specific regulations.
   • Emergency services, healthcare, transport, and other essential services may have different working hour rules due to the nature of the work.