Overworked and Unpaid: Can We Take Legal Action Against Our Company in India?

Hello, I am working in a private limited company. I just want to ask if there is any legal action that can be taken against a company that makes their employees work for more than 8 hours. My office hours are supposed to be from 9 to 5, but no one can leave the office before 7 pm. The minimum working hours here are 10, and they do not pay for overtime. It is a firm where over 200 workers are employed, and the minimum working hours are 10, with some working up to 15-20 hours, and they do not receive any additional compensation.

Please help me in this case; I am sick of it, and it's not just me, but all of the employees working in this company. Please advise me on what I can do about this and tell me where I can file a complaint against this.

Please lodge a written complaint with the Government Labour Officer in your area. To file a complaint, you will require supporting documentary evidence. If you do not possess such evidence, you can ask the GLO to conduct a visit and gather statements regarding working hours from a few employees. If possible, provide the names of the employees involved.

Dear Suspense,

From your post, it seems you are not eating food or availing a lunch break during working hours. 8 hours are the actual working hours. If you are availing tea breaks or a lunch break, then you have to add these hours to your total working time. Work out that first and then complain to the Labour Officer.

Suresh

It is just to advise that no company should make employees work extra hours without compensation. If extra hours are performed, the company should pay overtime. There must be strong evidence to prove your company wrong. Companies have administration and HR departments that handle such matters. If you have doubts, please first meet with the concerned department personnel to clarify your doubts. There might be a communication gap in understanding the company policies and confusion regarding work hours. Please check before you act.

Working Hours and Overtime Regulations

As per the Delhi Shops and Establishments Act, the maximum working hours are 9 hours a day or 48 hours a week, with a 30-minute rest interval each day. An employer may require an employee to work overtime, subject to a maximum of 54 hours of work in a week and 150 hours of total overtime in a year. For any work in excess of 9 hours on any day or more than 48 hours in any week, overtime wages are to be paid at double the rate of wages.

Lastly, please do not remain a suspense! This is a professional forum.

Thanks,
Anil Raina
[Phone Number Removed For Privacy-Reasons]

Dear ANONYMOUS,

If you are working more than 48 hours as stated above, meaning working Monday to Saturday, then it totals 50 hours a week, which is definitely a breach of the Labour Act. If the total hours include your lunch and tea breaks, it should still not go beyond 8 hours a day (8 x 6 = 48 hours a week).

Please assess the exact situation you are in and then prepare a plan of action. Decide whether to escalate the matter to the Labour Office or first communicate with HR personnel for further clarification.