Umakanthan53
Labour Law & Hr Consultant
Manojkamble
Sr. Hr Executive
Swerhat
Writer
+1 Other

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This query is on behalf of a close friend working in the Hotel industry. My friend has taken up employment in Operations function with one of the hotel aggregator company based out of Gurgaon.
She has observed that all hotels managed by her company the staff at such hotels at various locations work for 10 hours a day 6 days a week.
On questioning this practice as a contravention of labour laws she has been told that the hotel industry does not need to or follows the 8 hour/ 48 hours a week norm.
To the best of my understanding all hotels fall under shop and establishment act wherein any working hours above stated constitute OT at double the normal wage.
Thus how is my friends company the hotel aggregator violating the law.
Or
Am I wrong in my understanding completely.
Plz advice as we will be very thankful.
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Dear Anuradha,
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.
Dear Ms.Anuradha,
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.
Much appreciated ...for a while I thought I was a miss in understanding certain regulations regarding the hotel industry.
Dear Experts
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.
Regards
Anuradha
Dear madam,
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.
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