Are Office Working Hours Capped at 48 Hours a Week? Seeking Clarity on Regulations

I would like to know if there is any government regulation on office working hours. Recently, I read that the maximum hours in a week should be 48 hours as per the Delhi Shops and Establishments Act. I don't know if it is applicable only for factories or for offices as well.

Please share some more information on this.

Thanks,
RV

If you are working in an office in Delhi, you are covered under the Shops and Establishment Act. For further details, kindly refer to the Delhi Shops and Establishment Act.

Thanks and Regards,
C.M. Mohla

Kindly elaborate on your query. Do you work in Delhi, and does your office come under the Factory Act or the Shops and Establishments (S&E) Act? All acts state the working hours; it is normally 8 hours in a day and 48 hours in a week.

Please feel free to write to us if you need further assistance.

Clarification on Delhi Office Working Hours

Thank you for your contribution. This query is about the office in Delhi. I have gone through the Delhi S&E Act, which states 48 hours/week or, in some cases of stocktaking/account closing, it can be extended up to 54 hours. I am not clear if this rule applies to factories only or if it also applies to all offices/shops/establishments, etc., in Delhi. Please clarify.

I am working in a company where official working hours are 54 hours (9 hours/day including 1/2 an hour for lunch) X 6 days/week. However, there is nothing given in writing; working hours are not mentioned in the offer letter, but all employees follow this as practice. I would be grateful if you could please tell me if this is LEGALLY right or wrong.

Thanks,

Rajshree

Since your office is in Delhi, as mentioned by you, the Delhi S&E Act will be applicable, where 48 working hours are applicable. If you are in stores/accounts where stocktaking/account closing is required, the working hours can be extended for an additional 6 working hours, totaling 54 working hours in a week. This rule is applicable to all establishments and shops registered in Delhi.

Regarding your company where officials work 9 hours a day, totaling 54 hours in a week, where officials sit as a practice but the company cannot legally compel you to do so. However, in the private sector, people tend not to go against the management to avoid the risk of losing their jobs.

Calculation of Work Hours

Just a pointer that may be useful to you when calculating hours of work: the period of interval/break is not counted. Therefore, the formula for calculation is (hours worked per day less period of interval) x 6 days.

Most of our labor laws apply to workmen, and depending on the designation and work profile, extended hours are often seen in a growing career progression.

Warm Regards,
Deena Jagasia

Dear All, Thank you very much for your contribution. I would like to clarify that the working hours mentioned by me are mandatory for each employee; even 1 second less results in a salary deduction. I understand that in private jobs, when the job demands it, employees may stay late at work due to demand, not because of force or fear of losing salary. As per my understanding, working hours include the lunch break.

Legal Inquiry on Working Hours

The company has not provided in writing the working hours but has made it compulsory to complete a minimum of 54 hours per week. The actual working hours exceed 54 hours. So, just for knowledge and to be well-informed, I would like to know if this is LEGALLY right or wrong.

I would be grateful if you could share your opinion and shed some light on this topic.

Thanks,
Rajshree Vohra

Working hours are calculated exclusive of any break; if your company is asking for 54 hours per week inclusive of a one-hour break, it is justified. However, going beyond that is not justified. Since the company has not provided anything in writing, it indirectly suggests that the company is not compelling employees to work beyond the specified working hours. I hope you understood.

Thank you all so much for your valuable contribution. The matter is now clear regarding working hours and standard practice.

Legal Implications of Salary Deductions

I would like to know if it is legally allowed to deduct salaries of employees on account of late coming (even by 1 minute) or due to any other reasons, such as failure to send daily reports due to a medical emergency, or failing to finish the given task on time, etc.

Thank you,

Rajshree

Legal Considerations for Deductions or Penalties

Legally, deductions or penalties are allowed for failure to report to work on time. However, the punishment must not be excessive or out of line with general practice. The terms must be clearly specified in the standing orders or terms of employment/HR manual.

If the rules or standing orders allow the company to charge a penalty for failure to submit reports (irrespective of the reason), it is free to do so. However, it must give the employee an opportunity to be heard. Furthermore, it makes sense to be fair. Penalizing the employee in case of a medical emergency would be unfair.

A lot would depend on whether the employee is truly capable of taking a stand or legal action (can or will they take the risk of losing their job?). If the penalty is not in the list of approved penalties under standing orders or under sections 6 and 7 of the Payment of Wages Act, the employee can challenge it. It is unlikely that the labor officer will approve such a fine.

If your employer is actually doing this, perhaps it's time to look for a better company to work for.