Are Long Work Hours in Construction Legal? Seeking Clarity on Labor Laws

Dear All,

I am working in a Construction Company (XXX Limited) on the project site, and the working hours here are from 8 AM to 6/7/8 PM. As per the manager's requirement (10-12 hours per day), we work every day of the week without Sunday off, even if we work an average of 10.50 hours per day. This means we are still working 73.50 hours per week. In the new circular dated 23rd Nov 2020, the CEO has clearly stated that any employee who does not reach the office before 8 AM will be considered absent, and necessary disciplinary action will be taken, as enclosed in the circular.

Understanding the Factories Act, 1948

It's important to note that I researched labor laws and found out about Section 41 of the Factories Act, 1948 (Act No. 63 of 1948), which states, "Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day: Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded to facilitate the change of shifts."

Questions Regarding Work Hours

Therefore, I have some questions as mentioned below:

1. Does the Factories Act, 1948 (Act No. 63 of 1948) apply to a Construction Company?

2. If not, is it legal to require employees to work 10-12 hours?

Kindly resolve this issue as soon as possible.

You shall be governed by the Building & Other Construction Workers Act, rather than the Factories Act. Now the rules are getting changed. Daily working hours shall be 12 hours with a 1-hour lunch break. GOI has already implemented the Code of Occupational Safety, and the above Acts shall be repealed upon the implementation of this Code. There is nothing wrong in the circular forwarded by you. Such circulars from top management are a must to ensure the attendance and punctuality of the workforce.

For a correct reply to your query, please let me know the following:

1. Your designation and job profile
2. Total number of employees of the employer
3. Location of the site where you are presently working
4. How is attendance marked, i.e., whether manually or by punching machine

Regards, S. K. Mittal

[Phone Number Removed For Privacy-Reasons]

OSH Code Implementation

The OSH code is not implemented. As per the code, no one shall be required to work for more than 8 hours a day and 48 hours a week. The distribution of working hours in the OSH rules is spread out. According to the BOCOW Act, daily/weekly working hours are 9/48.

Working Hours and Legal Provisions for Construction Sites

Construction sites are not covered under the Factories Act. The working hours of a construction site are governed by the Minimum Wages Act. Section 13 of the Minimum Wages Act provides for the hours of work that shall constitute a normal working day, inclusive of one or more specified intervals. It mandates a day of rest in every period of seven days, which must be allowed to all employees or to any specified class of employees, along with the payment of remuneration for such rest days. It also specifies the overtime (OT) rate of wages.

The relevant states have formulated Minimum Wages Rules in accordance with Section 13, generally stipulating 9 hours per day for adults. The working day of an adult should be arranged so that, inclusive of the interval of rest, it does not exceed 12 hours on any day. When a worker is employed for more than 9 hours on any day or more than 48 hours in a week, they are entitled to wages at double the ordinary rate for overtime work. The ordinary rate of wages includes the basic wage plus allowances.

If no overtime is paid, the worker can file a claim application before the Authority under the Minimum Wages Act of the appropriate government. The term "employee" is defined in Section 2(i) of the Minimum Wages Act, 1948. You may address the issue of working beyond 9 hours and not allowing rest days in the context of the provisions mentioned above.

Working hours and overtime wages on a construction site are governed by Sections 28 and 29 of the BOCOW Act.

Claim cases cannot be filed under the BOCW Act if overtime wages are not paid for working beyond 9 hours or working on a rest day.

Overtime and Legal Implications

No employee is supposed to work for more than 9 hours. If an employee works beyond that working time period, the employee has to be paid overtime wages for the extra time, as per Section 14 of the Minimum Wages Act, 1948. Any organization found to be contravening these provisions would be liable for punishment of imprisonment up to 2 years and a fine of up to Rs. 1 lakh or both.

Hi Sheetal Kamble, kindly inform the section under which there is a provision of punishment of imprisonment up to 2 years and a fine up to Rs. 1 lakh or both for non-payment of OT wages under the Minimum Wages Act.