Hi, I just want guidance on daily work hours. It's 48 hours a week but is it including lunch break?
If it's 10-7 pm per day including lunch break, all Saturdays Should be off? Or if it's 10-6.30 pm per day including lunch break, 2 Saturdays should be off?
It's an advertising agency where working late is normal on most of the days. They don't consider it as overtime & pay accordingly.
What do you think?

From India, Pune

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Dear Payal,

Under any establishment-specific law, the term 'working hours' comprises of two components. One is Spread Over i.e the entire continuous stretch of hours during which the employee is at the disposal of the employer meaning the hours of actual work and the intermittent intervals for rest and the other is actual working hours i.e the hours during which the employee is required to work without any intervening break. Therefore, 8 hours a day work or 48 hours a week means 8 hours of actual work plus rest intervals like lunch break etc. every day. But, the length of spread over shall not exceed the limit notified by the Government.

Every continuous stretch of six days shall be followed by the day of rest or weekly off is the general rule. It has nothing to do with the no of hours of work in a day. Depending on the type of the industry or nature of the work, the employer can decide whether the establishment should function in a system of 5 day week or six day week and the employees should work for 8 hours a day or less.

When the establishment has to function round the clock or more than the normal spread over hours, the employer has to arrange for shift working only subject to the restrictions on the opening and closing hours of the place of work, if any.

Irrespective of the type of the industrial establishment, if the employee is required to work more than the normal working hours whether it is 8 hours or less, he should be paid over time wages.

From India, Salem

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