Are My Company's 9.5-Hour Workdays Legal? Clarifying Lunch Breaks and Weekly Hours

If an organization has working hours per day of 9.30 (including a half-hour lunch break) from 9:00 to 6:30 for 5 days, is it correct as per the law?

The total hours in a week amount to 9.30*5 = 46.50 hours. In the calculation of total hours in a week, do we include the lunch break? In the calculation of hours per day, should we include lunch hours in 9 hours, or is 9.30 hours correct? Is the above calculation done correctly and valid as per the law?

Also, I wanted to know if a 30-minute lunch break is correct? I have gone through many related threads. I am posting this message just to confirm my query. Please help me with your opinion.

Hi,

As per the Factories Act and the Shops and Establishment Act, regular working hours are 9 hours, including a break of 1 hour for lunch, and tea breaks in the morning and evening. The total working hours should not exceed 48 hours in a week.

In your company, you work for 5 days, and the total hours worked are 46.5 hours, which is well within the specified working hours in the said Acts. Lunch hours are not to be included in the calculation of regular working hours.

Mohan Rao
Manager HR

Dear,

First, examine under which of the Acts your organization is covered, such as the Factories Act, 1948, The Minimum Wages Act, 1948, State Shops & Establishment Act, etc. Then, go through the relevant Act and rules framed thereunder for provisions/chapters relating to your query, i.e., hours of work, spread over, lunch break, etc.

With Regards,
R.N.Khola

Thank you very much, sir. Right now, we are starting with designing. Later on, we will get into manufacturing. So accordingly, we will be covered by the state Shop and Establishment Act.

I just had a doubt because since the company is just setting up, we are framing the policies. The total working hours, including lunch, come to 46.50 in a week (9.5 * 5), and excluding lunch, it comes to 45 hours in a week (9 * 5). Furthermore, is it correct to have a 30-minute lunch break for 9 hours of work?

The Shop and Establishment Act states, "He must be allowed an interval of rest of at least one hour after five hours of continuous work {Section 15}." What does this mean, sir? Can I interpret it in the following manner? If after 5 hours, then a minimum 1-hour break is required. If we take a break before 5 hours, half an hour is sufficient? Other acts give a minimum break of half an hour only.

Dear [User],

If Section 15 of your State Shops Act states that you are to provide at least a one-hour interval of rest, then there is no way out; you must allow a one-hour rest to the employees. You must adhere to the provisions of the act applicable to your establishment. We are not concerned with what other Acts may say.

Opinion submitted as requested.

With Regards, R.N.Khola

Hi Sumit Kumar,

I work with a Finance Pvt. Ltd. firm as an Operations Officer. I want to know about the working hours and what to do if the company puts pressure to work beyond the regular hours. Should the company compensate for this extra work or not?

Thank you.