Are My 9-Hour Night Shifts and Weekend Work Legal? Seeking Guidance on Company Policies

Respected Seniors,

I am working in an MNC company as an IT Support person, and our working hours are 9 hours (i.e., log in at 11:30 pm & logout at 8:30 am). Also, we work on Saturday, so I wanted to find out whether it is legal or not. According to theoretical knowledge, I know only 8 working hours are legal if someone is working for 6 days a week. Even though we do not get a proper weekly off, the company is also forcing us to work on Sunday. Kindly let me know whether it is legal as per the company policies or not.

If it's illegal, then please guide me on where I can find a solution regarding this.

Working Hours and Legal Compliance

9-hour duty hours are acceptable if there is a 1-hour interval for rest. This means 8 hours will be working hours, and 1 hour is for rest. Therefore, the total working hours in a week will be 6 x 8 = 48 hours. If the rest interval is only half an hour, then the total working hours will exceed 48 hours per week, which is illegal if overtime (OT) is not paid beyond 8 hours of work.

Working on Sundays and Seeking Solutions

Working on Sunday without receiving OT is also illegal. To find a solution, you may approach the labor directorate of your jurisdiction. Your organization likely falls under the jurisdiction of the Shops and Establishments (S & E) Act, where you can also seek a solution.

S K Bandyopadhyay (WB, Howrah)
CEO-USD HR SOLUTIONS
[Phone Number Removed For Privacy-Reasons]
www.usdhrs.in

Hi, It's essential to consult with a legal professional or your local labor department to get accurate information specific to your location. However, I can provide you with some general information:

Standard working hours

Labour laws stipulate a standard working week of 40 hours, usually spread over five days. Overtime may be allowed, but it usually comes with specific regulations and should be compensated accordingly. Working hours, including overtime, are often subject to legal limits to protect employees' well-being.

Addressing excessive working hours

If your company is requiring you to work more than the legally allowed hours without proper compensation or if the schedule is affecting your work-life balance adversely, it may be worth looking into labor laws.

Additionally, it's essential to review your employment contract, company policies, and labor laws to understand your rights and obligations. If you have concerns about the legality of your working hours, consider discussing the issue with your HR department or seeking legal advice to ensure you are aware of your rights and potential recourse.

Thanks

@ Dr. B V Raghunath - In your post, you have mentioned "Labor laws stipulate a standard working week of 40 hours, usually spread over 5 days." I would be grateful if you could please mention in which Act and Section it has been specified. To the best of my knowledge, it is generally 48 hours per week everywhere (The organization is an MNC and IT-related organization). Regarding the spread over, under the Factories Act Section 56, it is stated that the periods of work in a factory should be arranged so that, inclusive of rest intervals, the spread over should not exceed ten and a half hours in any day.

Both the working hours and spread over are as per the Act and cannot be based on service conditions.

Awaiting your response.

Warm Regards,

S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions [Phone Number Removed For Privacy-Reasons] www.usdhrs.in

Hi S K Bandyopadhyay,

I apologize for any confusion, but it seems there might be a misunderstanding. The statement you mentioned regarding labor laws stipulating a standard working week of 40 hours spread over 5 days is a generalization and may not be specific to a particular act or section. There may be different regulations for different sectors.

The universal standard working week is indeed around 40 hours, but specific regulations can differ. In some cases, industries such as IT may have their own set of regulations or exemptions.

If you are looking for specific information related to the working hours in an MNC or IT-related organization, it would be best to refer to the labor laws and regulations applicable where the organization operates. These details can typically be found in national labor codes, employment acts, or industry-specific regulations.

For accurate and up-to-date information, you may need to consult legal resources or labor authorities in the relevant jurisdiction, as labor laws can be subject to changes and updates.

Thanks,

Indian Labour Laws for IT Companies and MNCs

IT companies and MNCs operating in India must adhere to Indian Labour Laws. Even if the workweek consists of 5 days, employees cannot be required to work more than 9 hours per day. The law mandates that overtime pay, at double the normal wage rate, must be provided for work exceeding 48 hours per week. For companies with a workweek of less than 48 hours, this is interpreted as 40 or 45 hours.

Please refer to the Supreme Court verdict in Philips India Ltd Vs Labour Court, Madras and Others (1985 SCR (3) 491, 1985 AIR 1034), which ruled that any additional hours worked beyond the scheduled working hours of an organization require overtime payment at double the rate. The 48-hour workweek threshold is not the sole determinant.

Dear Dr. B V Raghunath,

Labor is in the concurrent list of the Indian Constitution. Therefore, both the Central and State Governments have jurisdiction to frame Acts and rules. It is a fact that most of the Labor Acts have been implemented by the Central Government with State amendments in some cases. For all the Central Acts, States have framed rules for implementation. There are also certain specific Acts enacted by States, e.g., in West Bengal, the West Bengal House Rent Allowance Act, etc.

In my 48-year career, I have never come across sectorial acts and rules in India. There is no specific Act or rule for the IT Sector, etc. There are organizations in India where there is a 5-day week, but that is not governed by any Act or rule. It is simply a practice by the specific organization, an extralegal facility, not under any Act or Law.

Regards, S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions [Phone Number Removed For Privacy-Reasons] www.usdhrs.in