Can IT Companies Legally Require Employees to Work Beyond Office Hours?

hey frnds,

i have a query regarding labour laws legislation.

Query-Are there any restrictions in any labour law legislations that an employee can't work beyond his/her office hours?

To elaborate more, in IT Company, can the Company insist some employees to work beyond their normal office/shift timings to complete certain specific projects? If yes, what are the rights of employees and obligations of company in these cases?

Labour laws states that - no worker shall be required / allowed to work in factory for more than 48 hours in any week. Maharashtra Government IT Policy provides certain relaxation in working hours, work shifts and employment of women. However I am unable to find any such clear cut exemptions.

In many organizations, all employees work much more than 48 hours a week. Does this mean that employees can work continuously without availing leave? And how far can an employee accrue his/her leave? And whether the Company can enforce ‘no leave' until project is finished?

Please revert with suggestion(s); citation of labour law / case law applicable, if any.

Regards

Shivani

Hi,

IT companies are registered and function in India according to Indian laws. Every organization is governed by one of the two statutes concerning your query - the Factories Act 1948 and the Bombay Shops & Commercial Establishments Act in Maharashtra (or a similar legislation applicable to the specific State). Both laws have detailed provisions covering matters such as total working hours per day/week, work shifts (spread over), overtime payments - if permissible without obtaining exemption from working hour provisions, etc. It also addresses any permanent exemptions from certain provisions and the conditions under which they are applicable. This factual information regarding any particular organization can be obtained from the Office of the Commissioner of Labour in your city/state.

What actually happens in IT companies is indeed shocking in many cases! If you are unable to find the relevant information or have a more specific/focused query, please email.

Regards,
Samvedan
July 21, 2006