How Many Overtime Hours Are Legal for a 60-Hour Workweek? Seeking Clarity and Insights

Dear sirs, there are 5 working days in a week, with working hours of 12 hours per day, totaling 60 hours per week. I am inquiring about how many hours an employee is eligible for overtime—either 12 hours or 20 hours. Please provide your insights and clarify the legal considerations regarding the number of hours to be considered for overtime.

Thank you,

Regards,
Chikkegowda.N

In a given day, a worker is permitted to work for a maximum of 9 hours and 48 hours in a week. Here you can calculate 9 hours × 5 days = 45 hours. You will pay for 5 days present and 5 hours single OT, and the balance of 15 hours will be Double OT.

Manufacturing Industry Regulations

If you are in the Manufacturing Industry, you are not permitted to allow any worker to work more than 48 hours a week or 8 hours a day. To compensate, a maximum of 9 hours a day can be provided.

Regards,

If you are in the manufacturing industry and the Factory Act applies to you, then 15 hours of overtime are to be paid in the above-mentioned condition. Because you cannot ask anyone to work without overtime for more than 9 hours in a day and 48 hours in a week. So, 9 hours multiplied by 5 days equals 45 hours. Up to 45 hours, overtime need not be paid. The remaining 15 hours have to be paid as overtime.

Overtime Calculation and Legal Considerations

The claim for overtime would apply to working beyond 48 hours in a week. Therefore, only the hours exceeding 48 hours are to be considered for overtime calculation purposes. However, concerning hours less than 48 worked in a week, it is at management's discretion to decide whether and how much extra compensation should be paid. Workmen do not have a statutory right to it. Beware! Working 12 hours per day is a clear violation of the Factories Act if it applies in your case.

Regards, KK

It has been observed in certain businesses (e.g., shops, clubhouses, etc.) that employees receive breaks, and all breaks together may amount to 3-4 hours. In that scenario, could the overall 12-hour schedule for the day be considered a violation?

In that case, the person who has put the query should clarify whether it is a factory or covered under the Shops and Establishments Act and in which state. Only then will his query receive the correct answer.

Normally, if a person works for 5 hours, a 30-minute break must be given. So, if a person works for 12 hours, they should be paid for 11 hours. Therefore, they will be paid for 5 days present (8 hours duty), 5 hours of single OT wages, and then 10 hours of double OT wages.

Overtime Approval in Factories

In the case of a factory, before allowing for overtime (OT), it must be approved by the Factories Inspector. Only then should the OT work be permitted.

This is in reference to the query posed by Ashley and answered by S. Bhaskar. I would like clarification regarding working hours in a software company. Can a manager compel their employees to work continuously for 15 to 17 hours a day for a week or a month, citing business requirements as a reason? Can an employee be threatened with termination from the company or project for refusing to work such long hours? Reportedly, some companies in Bangalore are implementing this practice for cost-cutting and increased profitability without hiring additional resources.

Relevant Laws and Guidelines

1. Are there any laws relevant to the above scenario?
2. To whom should the employee turn for redressal?
3. Are there any NASSCOM guidelines that software companies must follow?

Regards,
Jaikumar

The software industry is not covered under the Factories Act 1948. In such cases, the respective state Shop and Establishment Act would apply. The Shop and Establishment Act also lays down 48 hours as the maximum hours of work in a week. Continuous working of 15-17 hours daily for weeks or months is inhuman. I am not aware of any NASSCOM guideline in this regard.

Regards,
KK

Hi Nair,

Can you please explain if the 48 hours mentioned include the lunch break or if it is excluding the lunch break? Please confirm if this is covered under which sector of the Shops and Establishments Act.

Regards,
Piyali