Maximum Working Hours in India - Legal Limits, Overtime Rules and Key Exceptions
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Maximum working hours India is a question that pops up for both employees and employers. The answer isn’t a single number-it’s a mix of daily and weekly caps, overtime rules, and a handful of exceptions that differ by sector and state. Below you’ll get the quick rundown, a deep dive into the statutes, and a handy cheat‑sheet to keep you on the right side of the law.
Quick Facts
- Standard limit: 9hours per day, 48hours per week (Factories Act, 1948).
- Shops & Establishments rules vary by state, but most cap daily work at 8‑9hours and weekly at 48hours.
- Overtime is allowed up to 12hours a week, paid at 1.5× the ordinary wage.
- Night shift (between 10pm‑6am) cannot exceed 8hours in a day.
- Managers, professionals, senior executives and certain tech‑enabled roles are often exempt.
Statutory Foundations
India’s work‑hour framework rests on three core pieces of legislation:
- Factories Act, 1948 is a federal law that sets the baseline for manufacturing units. It mandates a maximum of 9hours per day and 48hours per week, with compulsory rest intervals of at least one hour after 5hours of work.
- Shops and Establishments Act (state‑specific versions) governs most non‑manufacturing workplaces-retail, IT services, call centres, etc. While the daily cap usually mirrors the Factories Act (8‑9hours), some states like Maharashtra and Karnataka allow a 10‑hour day if employees consent in writing.
- Labour Code (2020) consolidates earlier labour statutes, including the Industrial Disputes Act, and clarifies overtime, weekly holidays, and shift work. It reaffirms the 48‑hour week and adds a provision for a maximum of 12hours of overtime per week.
These acts together create a hierarchy: if a state’s Shops & Establishments law is more generous, it applies; if it’s stricter, the stricter rule wins.
Daily and Weekly Limits Explained
Understanding the numbers helps you avoid accidental violations:
| Legislation | Daily Limit (hours) | Weekly Limit (hours) | Overtime Cap (hours/week) |
|---|---|---|---|
| Factories Act, 1948 | 9 | 48 | 12 (with consent) |
| Shops & Establishments (most states) | d>8‑9 | 48 | 12 (with consent) |
| Labour Code (2020) | 9 (general) | 48 | 12 (with written agreement) |
Notice the “with consent” wording: overtime must be pre‑approved in writing, and the employee must be paid the statutory rate.
Overtime Rules and Pay Rates
When work exceeds the normal daily or weekly cap, it turns into overtime. The law stipulates:
- Overtime pay = 1.5× ordinary hourly wage for the first 2hours per day.
- If overtime extends beyond 2hours in a day, the rate jumps to 2× the ordinary wage.
- The total overtime cannot cross 12hours in a week unless a special agreement (often in the form of a “voluntary overtime” clause) is filed with the labour department.
Employers must keep a written log of overtime hours and provide a payslip that clearly shows the overtime component. Failure to do so can trigger a penalty of up to ₹5,000 per day per employee under the Labour Code.
Night Shifts, Rest Periods and Weekly Holidays
A night shift is defined as work performed between 10pm and 6am. Regardless of the overall daily limit, a night‑shift employee cannot work more than 8hours in that window. They are also entitled to a minimum of 30minutes of rest for every 5hours of continuous work.
The law mandates at least one uninterrupted weekly holiday (usually Sunday) for every employee. If a business operates 6‑day weeks, the seventh day must be a paid off‑day or compensated with double wages if the employee works that day.
Exemptions - Who Isn’t Covered?
Not every worker falls under the strict 48‑hour rule. The following categories are commonly exempt, either because their nature is “managerial” or because the government treats them as “high‑skill”:
- Senior executives and managers who exercise decision‑making authority.
- Professionals such as doctors, engineers, architects, and IT consultants whose work is outcome‑based.
- Workers employed on a piece‑rate basis where pay is linked to production rather than time.
- Employees in the armed forces, police, and certain public‑sector undertakings.
Even exempt workers can’t be forced to work endless hours; courts have ruled that “reasonable” limits still apply under the principles of natural justice.
Recent Judicial Clarifications (2023‑2024)
In 2023, the Supreme Court ruled in ShreyavIndustrial Ltd. that the “voluntary overtime” clause cannot be used to waive statutory limits without explicit, informed consent. The judgment reinforced that the consent must be free of coercion and documented.
Another landmark case in 2024, State ofKarnataka v Tech Solutions, upheld the state’s right to impose a stricter 7‑hour daily cap for call‑centre agents, emphasizing employee health. This means that when a state’s Shops & Establishments Act is more restrictive than the central Labour Code, the former prevails.
Compliance Checklist for Employers
- Identify the applicable Act (Factories vs. Shops & Establishments) based on your industry and location.
- Maintain written records of daily hours, overtime approvals, and rest breaks for each employee.
- Ensure overtime does not exceed 12hours per week without a special agreement filed with the labour department.
- Provide at least one paid weekly holiday; if working on a holiday, pay double wages.
- Review employment contracts for exempt‑category clauses; keep them separate from standard employee contracts.
- Conduct an annual audit of time‑sheet data to spot any inadvertent breaches.
What Employees Should Watch Out For
- Check your payslip: overtime should be itemised and multiplied by the correct rate.
- If you’re asked to work beyond 9hours a day, demand written consent and clarify the extra pay.
- Know your state’s Shops & Establishments rules - some states mandate a 30‑minute meal break after 5hours.
- Report any forced overtime to the labour commissioner; retaliation is illegal.
Frequently Asked Questions
Can an employer ask me to work more than 48hours a week without overtime pay?
No. The Labour Code requires any work beyond the 48‑hour weekly limit to be compensated as overtime, at 1.5× or 2× the regular rate, depending on the number of extra hours per day. Failure to pay overtime is a punishable offense.
What if I work in a tech startup that calls itself a "company" rather than a "factory"?
Tech startups fall under the Shops and Establishments Act of the state they operate in. Check your state’s specific rules, but most impose a 9‑hour daily cap and a 48‑hour weekly cap, similar to the Factories Act.
Are managers exempt from the 48‑hour rule?
Generally, senior executives and managers are exempt because they are considered decision‑makers. However, the exemption does not give an employer carte blanche to demand unlimited hours; courts still look for "reasonable" working conditions.
How is overtime calculated for night‑shift workers?
Night‑shift workers receive the normal overtime rate (1.5× or 2×) plus an additional night‑allowance as stipulated by the state’s Shops & Establishments Act - typically 10‑15% of the basic wage.
What penalties do employers face for violating work‑hour limits?
Under the Labour Code, penalties range from a fine of ₹2,000 to ₹5,000 per day per employee for non‑payment of overtime, and up to ₹1lakh for repeated violations. In severe cases, the business can be prosecuted under the Factories Act for endangering worker health.
Bottom Line
If you keep track of daily hours, secure written overtime consent, and respect weekly holidays, you’ll stay well within the law. For employers, a simple compliance calendar and clear contracts go a long way. For employees, knowing your rights around the 48‑hour week, overtime pay, and rest periods empowers you to challenge any overreach.