Are There Legal Limits on BPO Working Hours? Struggling with Longer Shifts and No Extra Pay

Is there any law for the maximum working hours in BPO? I work for a 10-hour shift, which can be a night shift or a day shift. This 10 hours includes a 1-hour break. These 10 hours are extended up to 11 hours every day. Earlier, we used to do a 9-hour shift (8 hours working + 1-hour break) with no night shift. These 9 hours were also extended up to 10 hours. Suddenly, the working hours are increased from 9 hours to 10 hours, and we have to do night shifts now. However, there is no change in our salary, no hike (despite the increase in working hours), and no night shift allowance.

The Factories Act-1948 Says:

No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. Subject to the provisions of Factories Act section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day. Provided that, subject to the previous approval of the Chief Inspector (Labour), the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.

Intervals for rest. The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of subsection (1) so, however, that the total number of hours worked by a worker without an interval does not exceed six.

Regards,

Vijay Babu.Y
vijay_babu64@yahoo.com

Dear Sir,

This is a BPO, and this type of business does not fall under the coverage of the Factories Act, 1948. It is covered under the Shop Act of the respective State. Please contact the Area Shop Inspector for guidance on overtime working.

Regards, R.N.Khola Sr. Associate Gurgaon (HR)