Feeling Overworked: Can I Take My Unpaid Overtime Issue to Labor Court?

Hi all,

I am working in an IT company. My working hours are a minimum of 37.5 per week, but I have been forced to work 42.5 hours weekly, which means an average of 1 hour extra daily except during my lunchtime for the last 3 years without receiving any overtime pay. Additionally, I also work on Saturdays once or twice a month without receiving any overtime payment.

Can I challenge this in the labor court as mental and physical harassment? I am being forced to work extra hours without receiving any overtime pay.

Please suggest.

Hello,

First, talk to a good labor consultant, and then proceed accordingly.

Hello there, kindly check your salary break-up first. If they mention overtime or extra time pay in your CTC, you cannot do anything other than work. If that is not the case, kindly speak to your HR and get it sorted. Going to labor will not resolve your problem; it may lead to termination and issues with your gratuity.

Working overtime and labor disputes

Working overtime is not grounds for a labor dispute as a major issue. The management simply states that employees have to work according to their KPIs and targets.

Please speak internally to address your concerns with your HR or reporting boss.

Review Your Employment Terms

First, revisit your appointment/acceptance letter. How many hours of work per week are mentioned therein? Is working off and on, on Saturdays included or not? Are overtime payments mentioned? Only after reviewing these employment conditions can you consider taking the matter to a labor court, which is not an easy solution.

Check Labor Laws

Check the labor laws in your country—the workweek would be clearly defined for your industry there. If your current working hours exceed the statutory limits, then approach the management with a written request (supported by all documentary evidence) for the additional payments that should be made to you.

Hope this makes you feel better.

Thank you, everyone, for your valuable suggestions. I am currently working in HR. Yes, I understand that working hours in India are 8 hours per day. However, I am in a different situation. I have already resigned, and according to my contract and appointment letter, the notice period is 2 months or compensation equivalent to two months' basic salary in lieu of notice on either side.

I am willing to serve a one-month notice period and ready to pay the one-month short notice amount; otherwise, I will lose my new job offer. Unfortunately, the company is not releasing me before 2 months, and the Senior HR (from the UK) is referring to the appointment letter for the 2-month notice period.

I have noted that my working hours are also stated as 37.5 hours per week in my appointment letter. Can I challenge this internally or in a labor court if I do not receive my experience, relieving letter, and Full and Final settlement documents?

Thank you, everyone, for your valuable suggestions. I am currently working as an HR. Yes, I understand that the standard working hours in India are 8 hours per day. However, I am in a different situation. I have resigned, and according to my contract cum appointment letter, the notice period is 2 months or compensation equivalent to two months of basic salary in lieu of notice on either side.

I am willing to serve a one-month notice period and ready to pay a one-month short notice amount. Otherwise, I will lose my new job offer. Unfortunately, the company is not releasing me before 2 months, and the Senior HR (from the UK) is referring to the appointment letter for a 2-month notice period.

As per my appointment letter, my working hours are also 37.5 hours per week. Can I challenge this internally or in the labor court if I do not receive my experience letter, relieving letter, and Full and Final settlement documents?

I have attached my documents. Please check and suggest accordingly.

Thanks.

Sir,

Not less than 48 hours in a week is universally accepted labor law. Check your appointment letter for Saturday leave. Working hours. Please note that some governments have exempted many labor laws for the IT sector industries in order to facilitate IT.

Gannahope, Nellore