No you are not wrong and the same rules are applied to the hotel industry as well. she can demand from the Human Resources for the same and also she has a right to approach labour office to complain if exploitation of labour is going on. In a straight shift not more than 9 hours shift can be worked for 6 days in a week which should have to fall in the limit of 48 hours a week.
6th July 2018
Any establishment where food is prepared and/or is served to the general public within the premises is a catering establishment though called by different names such as hotel, restaurant, eatery, eating house and the like. In the absence of any separate State labor legislation like the Tamilnadu Catering Establishments Act,1958 as in Tamilnadu State, such establishments would be covered by the respective State Shops and Establishments Act as you rightly observed.
The maximum working hours per day of the employees covered by any Indian Labor Law is only 9 hours subject to a weekly ceiling of 48 hours except the Motor Transport Workers' Act,1961 whereonly it is 10 hrs a day subject to a weekly maximum of 54 hrs that too for the running staff on long distance routes or on festival occasions with the approval of the prescribed authority under the Act. Therefore, the daily average of normal working hours of an employee covered by any Indian Labor Law can not be more than 8 hrs. Even if overtime is included it can not be more than 10 hrs on any day. The so-called hotel industry can not be an exception.
6th July 2018 From India, Salem
As a after thought and for my own knowledge I would request you if possible to suggest as to how does the working hours per day system work in non 5 star hotels and if by doing so are they compliant with the regulations under Shop & Establishment act.
I have seen that an employee in non 5 star hotels are working upto 12 hours in a single day.
Please share your thoughts.
It would be highly appreciated.
7th July 2018 From India, Mumbai
A 5-Star hotel or a busy cafeteria in a business locale or a small roadside restaurant, the status or the size or the location is not relevant for keeping the employees beyond the statutory limit of working hours once it comes within the purview of the concerned Labor Law applicable. For your information, even in case of shops/restaurants situated within bus terminals, places of public amusements like cinema theaters etc., to which the restrictions on opening and closing hours under the State Shops and Establishments Acts are not applicable, no relaxation in respect of working hours of their employees. The ubiquity of the practice of departure from or violations of any such statutory provision noticed can not make it legal but is only an indication of laxity of enforcement for obvious reasons.
7th July 2018 From India, Salem