Working Hours Law India: What Every Employee and Employer Should Know

If you work in India, you’ve probably heard the term “working hours law” tossed around. It’s not just legal jargon – it decides how many hours you can be asked to work, when you get a break, and how much extra pay you deserve if you put in overtime. Below we break down the main rules in plain English so you can avoid surprises.

Daily and Weekly Limits

Under the Factories Act 1948, a normal workday is limited to eight hours. That means a typical week should not exceed 48 hours. Some states have their own Shops & Establishments Acts that mirror this rule, but a few allow up to nine hours a day with written consent. In any case, the law forbids forcing someone to work beyond the weekly cap unless overtime is agreed upon.

Overtime, Night Shifts, and Rest Periods

When you do work extra hours, the employer must pay at least double the basic wage for overtime. The extra pay applies after the eighth hour of a day or the 48th hour of a week. Night work (usually between 10 p.m. and 6 a.m.) also attracts a premium of at least 25 % on top of the regular rate. You’re also entitled to a minimum of one hour of rest after six consecutive hours of work and at least one full day off every week.

Many people wonder if unpaid overtime is ever allowed. The short answer: no. If you’re asked to stay late, you have the right to demand the proper overtime rate. Ignoring this can lead to penalties for the employer, including fines and possible compensation for the employee.

For employers, keeping accurate time‑sheets is a must. The law requires you to maintain records of hours worked, overtime, and wage payments for at least two years. These records can be checked by labor inspectors, and any mismatch can trigger legal trouble.

Employees should also watch out for “hidden” overtime. Some companies count only the time you spend at the desk, not the extra minutes spent traveling between sites or staying for meetings. Those minutes count toward the workday, and you can claim them as overtime if they push you past the eight‑hour limit.

Special categories like apprentices, women working at night, or workers under the Minimum Wages Act may have additional protections. For example, women are not allowed to work more than nine hours a day and must receive a night shift allowance if they do.

In practice, many offices adopt flexible “core hours” and let staff make up time later, but the total weekly hours still can’t breach the 48‑hour ceiling without overtime pay. If you’re unsure whether a schedule is legal, compare your contract with the state’s Shops & Establishments Act or consult a labor lawyer.

Bottom line: you have the right to a reasonable workday, proper breaks, overtime pay, and a safe record of your hours. Employers, stay compliant by tracking time, paying the correct rates, and respecting rest days. Employees, know your limits and ask for the overtime rate whenever you cross them. Understanding these basics keeps both sides out of court and makes the workplace fairer for everyone.