Is My Friend's Hotel Job Breaking Labor Laws with Long Hours? Seeking Advice!

This query is on behalf of a close friend working in the hotel industry. My friend has taken up employment in the Operations function with one of the hotel aggregator companies based out of Gurgaon. She has observed that all hotels managed by her company have staff at various locations working for 10 hours a day, 6 days a week.

On questioning this practice as a contravention of labor laws, she has been told that the hotel industry does not need to follow the 8-hour/48-hour a week norm. To the best of my understanding, all hotels fall under the Shops and Establishment Act, wherein any working hours above the stated hours constitute overtime at double the normal wage.

Thus, how is my friend's company, the hotel aggregator, violating the law? Or am I wrong in my understanding completely? Please advise as we will be very thankful.

Dear Anuradha,

No, you are not wrong, and the same rules are applied to the hotel industry as well. She can demand from the Human Resources for the same, and also she has the right to approach the labor office to complain if the exploitation of labor is going on. In a straight shift, not more than a 9-hour shift can be worked for 6 days in a week, which should fall within the limit of 48 hours a week.

Dear Ms. Anuradha, any establishment where food is prepared and/or served to the general public within the premises is a catering establishment, though called by different names such as hotel, restaurant, eatery, eating house, and the like. In the absence of any separate State labor legislation like the Tamil Nadu Catering Establishments Act, 1958, as in Tamil Nadu State, such establishments would be covered by the respective State Shops and Establishments Act, as you rightly observed.

Working Hours Under Indian Labor Law

The maximum working hours per day for employees covered by any Indian Labor Law is only 9 hours, subject to a weekly ceiling of 48 hours, except for the Motor Transport Workers' Act, 1961, where it is 10 hours a day, subject to a weekly maximum of 54 hours, specifically for the running staff on long-distance routes or on festival occasions with the approval of the prescribed authority under the Act. Therefore, the daily average of normal working hours for an employee covered by any Indian Labor Law cannot exceed 8 hours. Even if overtime is included, it cannot be more than 10 hours in a day. The so-called hotel industry cannot be an exception.

Dear Experts,

As an afterthought and for my own knowledge, I would like to request if possible for you to suggest how the system of working hours per day operates in non-5-star hotels and whether they are compliant with the regulations under the Shop & Establishment Act.

I have observed that employees in non-5-star hotels are working up to 12 hours in a single day.

Please share your thoughts. Your input would be highly appreciated.

Regards,
Anuradha

Compliance with Labor Law in the Hospitality Industry

Whether it be a 5-star hotel, a busy cafeteria in a business locale, or a small roadside restaurant, the status, size, or location is not relevant for keeping employees beyond the statutory limit of working hours once it comes under the purview of the relevant Labor Law. Even in cases of shops/restaurants located in bus terminals, places of public amusement like cinema theaters, etc., where restrictions on opening and closing hours under the State Shops and Establishments Acts do not apply, there is no relaxation regarding the working hours of their employees. The prevalence of departing from or violating such statutory provisions cannot make it legal but rather signifies a lack of enforcement for obvious reasons.

Kind regards, [Your Name]