Legal Working Hours in India

In India, the legal working hours are governed by the Factories Act, 1948, and the Shops and Establishments Act of each state.

Here’s a summary of the key provisions:

Factories Act, 1948

1. Daily Working Hours:
   • An adult worker cannot be required to work more than 9 hours a day.
   • There should be a rest interval of at least half an hour after every 5 hours of work.
2. Weekly Working Hours:
   • The maximum working hours in a week are 48 hours.
   • Workers should have at least one day off per week.
3. Overtime:
   • Any work beyond 9 hours a day or 48 hours a week is considered overtime.
   • Overtime work should be paid at twice the ordinary rate of wages.

Shops and Establishments Act

The provisions under the Shops and Establishments Act may vary from state to state. However, some common regulations include:

1. Daily and Weekly Working Hours:
   • Typically, employees cannot be required to work more than 8-9 hours a day and 48-50 hours a week.
   • A weekly day off is mandatory.
2. Rest Intervals:
   • A rest interval of at least one hour after 5 hours of work.
3. Overtime:
   • Overtime payment rules are generally consistent with the Factories Act, i.e., payment at double the regular rate.

Examples from States

1. Delhi:
   • Maximum daily working hours: 9 hours.
   • Maximum weekly working hours: 48 hours.
   • Rest interval: 1 hour after 5 hours of work.
2. Maharashtra:
   • Maximum daily working hours: 9 hours.
   • Maximum weekly working hours: 48 hours.
   • Rest interval: 1 hour after 5 hours of work.

Night Shifts and Female Employees

1. Night Shifts:
   • The Factories Act stipulates that no adult worker shall be required to work in a factory between 10 PM and 5 AM unless an exception is provided by the state government.
2. Female Employees:
   • The Factories Act prohibits the employment of women during night shifts (between 7 PM and 6 AM). However, various state governments have made amendments allowing women to work in night shifts under certain conditions, such as ensuring safety and providing transportation.

For specific details and any recent updates, it’s advisable to check the latest provisions of the respective state’s Shops and Establishments Act and the Factories Act.

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References:

• Ministry of Labour & Employment, Government of India
• Factories Act, 1948
• State-specific Shops and Establishments Acts (e.g., Delhi, Maharashtra)