Understanding Overtime Limits: How Many Hours Can You Legally Work Under the Factories Act?

Dear Seniors, please let me know the maximum number of overtime hours allowed for a worker in a day, week, or month according to the Factories Act. Please guide me in this regard.

Regards,
S. Saikia

As per my knowledge, according to the Factory Act, it should not be more than 48 hours in a week.

Regards,
Mehul

As per the Factories Act 1948, an employee cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours. The Minimum Wages Act, 1948 also specifies the working hours under rules 20 to 25, stating that the number of work hours in a day should not exceed 9 hours for an adult.

In practice, a worker often works more than 48 hours (8+8=16 hours) in two shifts in manufacturing and production plants, which poses significant risks in various ways. This situation is dependent on the requirements of the employer and the employee.

Regards,
Silva

Overtime Regulations Under the Factories Act

Basically, overtime (OT) is prohibited under the Factories Act. However, if a class of workers or factories is exempted under Section 64 or 65, then the limit of 50 hours and 75 hours in a quarter, respectively, is mentioned in the Act.

Regards,
Varghese Mathew

Overtime Regulations Under the Factories Act

Overtime (O.T) is prohibited under the Factories Act. The limit for O.T is 50 hours in a quarter (3 months) but not more than 16 hours in a month.

This is the act, that's it... no more discussion.

Regards,
N.S. Negi

Overtime work is not prohibited under the Factories Act. The management has to inform the Factories Inspector of the names of workmen who will be working overtime on a particular day with all the details of time, etc. Such overtime work is to be within the overall limits prescribed under the Act. The notification to the office of the Factories Inspector is to prevent the exploitation of workmen by making them work excessive hours.

Regards,
Cyril

Hi,

The relevant sections for working hours, overtime work, spread-over, and limits on overtime have already been mentioned by the members. Working Hours and Overtime Regulations

Section 51 states that a worker cannot be employed for more than 48 hours a week. He cannot be employed for more than 9 hours a day (Sec 54). If he works more than 9 hours in a day or 48 hours in a week, he must be paid for the overtime work at double the rate of wages (Sec 59).

Notice and Compliance Requirements

The Factories Act requires the employer to display the working hours, rest interval, etc., on the notice board prominently (Sec 61). The hours of work must correspond with the notice under sections 61 and 62 of the Act (Sec 63). This section states that "No adult worker shall be required or allowed to work in a factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory."

Regards,
Cyril

Mr. Cyril,

Which section of the Factories Act says so?

Varghese Mathew

Hi, In my previous comment, I had mentioned that intimation of overtime work is to be given to the Factories Inspector to safeguard the interest of workmen put on overtime work. However, I stand corrected on this issue. Upon reviewing the provision once again, it is noted that Rule 96 of the Maharashtra State makes a provision for providing an Overtime slip to the workman on overtime duty. This takes care of the interest of the workman put on overtime work.

Thank you, Mr. Mathew, for your query.

Cyril

Clarification on Overtime Under the Factories Act

Sections 61, 62, and 63 do not grant permission for overtime. Section 62(2) states that the notice of work should not contravene Sections 51, 52, 54, 55, 56, and 58. Overtime, as per the Factories Act, is allowed only for those workers exempted under Sections 64 and 65, subject to the limits prescribed under them. For these workers, overtime wages should be paid as per Section 59.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

As per the Factories Act 1948, an employee cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours. The limit of overtime work is 50 hours in a quarter (3 months). It can be extended up to 72 hours (maximum) in a quarter after getting approval from the Labour Dept.

Hope this information helps you.

Warm regards,
Sourav Mukherjee

Hi, currently I am working with a 3PL logistics organization. This sector faces high attrition, which affects some contract employees who end up doing overtime for more than 100 hours. Does this fall under employee exploitation? What are the penalties if the factory inspector catches this?

Regards, Sagar P.

While agreeing with the learned member Mr. Verghese Mathew that O.T. is prohibited under the Factories Act in terms of Sec. 51 read with Sec. 54, I am of the view that the prohibition is not absolute for the following reasons:

1) While Sec. 51 read with Sec. 54 prohibits a worker from working more than 9 hours a day or 48 hours per week, Sec. 59 visualizes a situation where a workman may have been asked to work beyond these limits. If so, Sec. 59 entitles him to O.T. at the rates specified in Sec. 59. This section stands on its own. Therefore, I am finding it difficult to extract any intention from it that permission granted under the section to make workers work beyond the stipulated hours of work per day/per week on O.T. being paid to them, is available only to those exempted under Sec. 64 & 65. If a worker who is not exempted under 64 & 65 is covered by the prohibition under Sec. 51 & 54, then he is equally covered by the permission under Sec. 59 of the Act. He needs only to be provided with an O.T. slip, if so provided under state rules.

Regards,
B. Saikumar