Is It Legal for My IT Company to Require 9-Hour Days and Saturday Work? Seeking Advice

Respected Seniors, I am working in an IT company as an HR & Admin person, and our working hours are 9 hours, and we also work on Saturdays. I wanted to find out whether it is legal or not. According to theoretical knowledge, I know that only 8 working hours are legal if someone is working for 6 days a week.

We have half-days on Saturdays, but until now, we have rarely had the time to enjoy the half-day. Kindly let me know whether it is legal as per the company's policies or not.

Please specify the timings. When you mention hours of work, does it include rest hours/intervals? For example:

1. You may work between 9 am and 6 pm with a one-hour lunch break. That makes it 8 hours of work, which is legally correct even if you work six full days.

2. If you are working from 9 am to 7 pm with a one-hour lunch, then it adds up to 9 hours of work. This is also legally correct if you do not work on Saturdays.

3. Even if you work on Saturdays, and if the timings are between 9 am and 12 noon or 10 am and 1 pm, then also it is legally correct (Total weekly hours will be 48).

Please specify your work timings.

Since you are working with an IT company, it may come under the Shop and Establishment Act. I have reproduced the "working hours section" from the act for reference. It may be helpful to you.

14. Daily and Weekly Hours of Work in Shops and Commercial Establishments

(1) Subject to the provisions of this Act, no employee shall be required or allowed to work in any shop or commercial establishment for more than nine hours in any day and forty-eight hours in any week.

(2) Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under sub-section (1), if such period does not exceed six hours in any week.

(3) On not more than six days in a year, which the State Government may fix by rules made in this behalf, for purposes of making accounts, stock-taking settlements, or other prescribed occasions, any employee may be required or allowed to work in a shop or commercial establishment in excess of the period fixed under sub-section (1), if such excess period does not exceed twenty-four hours.

Hi Anita, there are some differences in the Shop & Establishment Acts of various states. An IT company does fall under the Shop & Establishment Act, but in almost all IT companies, the situation is the same. HR & Admin work for more than the work hours defined in labor law or the Shop & Establishment Act.

The company policies are such that you can't do anything. However, if KRAs are defined for you and you are finishing your daily tasks within the office timings, then you can leave on time. In HR & Admin, most of the tasks are not planned and defined, and many tasks come on an urgent basis, which we need to complete.

No company in India follows the rules and laws. Similarly, people also don't work for the required time.

If you try to fight with the company, they can give you some examples like this: In your company, as you said, you work for nine hours, including your lunch break for 30 minutes, so your work time comes to 8 hours and 30 minutes. Now, everyone has to go to the loo, let's say around 5 minutes and 4 times, so the total time comes to 20 minutes. Also, we do go out for tea, let's say 10 minutes and 2 times a day, so the total tea time comes to 20 minutes. So, the working hours left are 7 hours & 50 minutes. You might be taking personal calls, let's say for 5 minutes and 2 calls a day, which makes 10 minutes of personal calls. And also some gossiping, let's say 20 minutes in the whole day, so now after all this, your actual work time is 7 hours & 20 minutes. So, as the company is paying you to work for 8 hours whereas you are working only for 7 hours and 20 minutes.

Many of our IT companies are subsidiaries of or work for American companies whose native employees do not work for more than 45 hours a week. However, they want Indians to work without legal restrictions. In this age of economic imperialism, we have to swallow it.

Regards,
Varghese Mathew

Niraj, you are correct. Working hours are 9 hours (8 hours of work + 1 hour for lunch). We should not quarrel with the company. Depending on work pressure, we have to work, and we can take a "comp off" later on by giving prior information to higher-level management. Company goals and personal goals are important.

Thanks,
B.G.K. Murthy.

Working Norms in IT Companies

Most IT companies have well-defined working norms in accordance with the Shops & Establishment Act. Employees, especially in software companies, have specific tasks to complete within set time frames since the customer is paying for them. Those who are efficient enjoy the privilege of working five days a week. Others voluntarily come in on Saturdays to complete their leftover tasks. Some employees, with the requisite permission, even work from home to meet their targets. I have seldom noticed anyone complaining. By and large, people enjoy working in an IT company.

Time Accountability vs. Task Accountability

For those overly focused on legality and who start counting hours after 48 hours are completed in a week, they should seek organizations where 'time accountability' rather than 'task accountability' is a criterion. Perhaps they may need to join their friends on the roadside (who are numerous) and wait for opportunities, if any.

Appreciating Employment

It's important to remember that no one has ever died because of extra work, but many struggle to find work in India. Consider your well-paid job as a grace of God and stop complaining. If you are still not convinced, legal options are always available.

I cannot comment on specific practices. My daughter used to work in an IT company where work hours were flexible, but she often had to stay late until around 11 pm. Initially, she was content with this arrangement, but after getting married and having a child, it became challenging to manage the pressure. This situation is common among many female employees today. Some believe in working as long as possible to earn more before eventually quitting once their family life settles down. Others, however, are more ambitious and choose to continue working. In my own family, I know of at least 12 cases where women left their jobs after having a child, opting to work for as long as possible and earn as much as they could. This is the observation I can share!

Friends,

I see that we are discussing the common practice and law regarding working hours. The law, as I understand it, mandates 48 hours per week. If our current practice differs from this legal requirement, I must assert that the law is not being adhered to.

Thank you.