Understanding the Factory Act: How Many Days Can We Legally Work in a Week or Month?

Maximum Work Days as per the Factory Act

What is the maximum number of days we can work in a month/week according to the Factory Act?

Regards

An employee has to work a maximum of 6 days in a week, and one leave is compulsory as per the act. Please note that if he works extra hours in a day, you will have to pay overtime as per the act, and overtime should be double. For example, if he works 2 hours extra, you will have to pay for 4 hours.

Thank you.

In our organization, all are working as consultants, and we work 6 days a week from 10 AM to 7 PM. Please let me know the number of working hours for consultants.

Regards,
Manisha Yadav

As per the Factories Act, a weekly off is compulsory. Accordingly, the maximum days of work in a week will be 6 days. Regarding the number of working days in a month, I didn't see any reference in the Factories Act.

As per the Factories Act, an employee can work a maximum of 48 hours in a week, i.e., 8 hours in a day and for 6 days max. After every sixth day, there must be a holiday for that employee. So, if this is followed, assuming 4 weeks in a month, they need to work 192 hours in a month.

However, for the maximum working hours, there are different concepts under the Factories Act. For certain industries specifically mentioned in the schedule attached to the Factories Act, there is an exemption of maximum working hours, i.e., 48 hours in a week and 8 hours in a day. In that case, the employee can work for more than one shift, i.e., for 16 hours in a day (continuing 2 shifts).

I hope that I have cleared your doubt.

Regards,
Atul Malve

As per the Factories Act, a weekly off is compulsory. Accordingly, the maximum number of workdays in a week will be 6 days and 48 hours in a week.

Thank you.

Don't get confused. According to the Factory Act, any person can work for a maximum of 10 days, and after ten days, you have to give them a weekly off. Normally, as mentioned above, it is for 6 days/48 hours in a week.

Regards,

Dear all,

The maximum working hour act is only applicable to factories. But what about other fields like IT industries and consultancy services? Are the factory acts not applicable to these fields? If not, then why?

When I was working in a consultancy service, they mentioned that there were no holidays, and only Sunday afternoon was closed. The daily working hours were 8 hours per day. Could you please clarify my doubts?

Regards,
Mili

If it is not a factory, then it comes under the Shops & Establishments Act. There, it is also 8 hours a day / 6 days a week. Whether a factory or shop, after working for 6 days at 8 hours each day, there should be a weekly off with pay. If anybody is asking for working over and above this, then that organization has to face the consequences.

Regards,
Kamesh

As per the act, the maximum working days are 26 days. The maximum working hours per day are 8 hours, making it 48 hours per week. I hope I am correct. If yes, then kindly revert.

Regards,
Indrajeet Singh

What happens if an employee works only three days in a week? Will the weekly off be paid or not? As per the Factory Act, after six days, one weekly off should be provided. Please suggest.

It depends upon the payment conditions. If the employee falls under the category of a daily paid employee, it will be calculated as follows: working days × daily rate of wages = to be paid wages. In this case, there is no need to consider the weekly off for any case (except declared paid holidays).

If the employee falls under the category of a monthly paid employee, the calculation will be as follows: Monthly rate of wages / total monthly days × actual working days + w/o days = to be paid wages. For example, Rs. 5000.00 / 31 days × (3 days + w/o).

In such cases, we pay for the weekly off because the calculation includes the whole days of the month. I hope this clears your doubts.

Regards,
Atul Malve

What happens if an employee works only three days in a week? Will the weekly off be paid or not? As per the Factory Act, after six days of work, one weekly off should be given. Please suggest.