How long can a person work after the regular 8 working hours, as per the law?
From India, Bhubaneswar
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From India, Bhubaneswar
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Dear Suprava Jena,
Generally speaking, the company authority does not encourage employees to perform overtime work under normal conditions. However, there are always some unpredictable matters that may interrupt our business operations, such as material shortages, machine shutdowns, or engineering changes. To meet operational schedules or maintenance requirements, the company may request an employee to work beyond the normal daily work period with overtime payment.
For your information, according to Chinese law, after the regular 8-hour working day, the extended working hours are regulated as follows:
- General Circumstances: Generally, the extended working hours should not exceed 1 hour per day when the employer, due to production and operation needs, extends working hours after consulting with the labor union and employees.
- Special Circumstances: When there are special reasons requiring extended working hours, the extended working hours should not exceed 3 hours per day under the condition of ensuring the employee's health, and should not exceed 36 hours per month.
Overtime Payment
Non-exempt employees are eligible to request overtime payment. The hourly rate of overtime payment is per the provisions in the Labor Standards Law. Exempt employees are only eligible to request compensation leave after they perform overtime work.
Non-exempt employees who are required to perform work beyond the regular working hours a day should be granted overtime pay at the hourly rate of pay plus one-third times two hours of overtime work, or at the hourly rate of pay plus two-thirds times the number of such hours worked for the second two hours, or at the hourly rate of pay plus twice the number of such hours worked after the first four hours.
Procedure
Overtime work must be approved by the department manager or supervisor via the "Request for Overtime" slip beforehand. The HR Department is responsible for checking the overtime records shown on the Time Cards/Time Records on the computer, calculating the overtime payment that employees earned, and including the amount in the monthly payroll at the end of each month.
Hope this helps.
Thank you and best regards,
John Chiang
From Taiwan, Taipei
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5Generally speaking, the company authority does not encourage employees to perform overtime work under normal conditions. However, there are always some unpredictable matters that may interrupt our business operations, such as material shortages, machine shutdowns, or engineering changes. To meet operational schedules or maintenance requirements, the company may request an employee to work beyond the normal daily work period with overtime payment.
For your information, according to Chinese law, after the regular 8-hour working day, the extended working hours are regulated as follows:
- General Circumstances: Generally, the extended working hours should not exceed 1 hour per day when the employer, due to production and operation needs, extends working hours after consulting with the labor union and employees.
- Special Circumstances: When there are special reasons requiring extended working hours, the extended working hours should not exceed 3 hours per day under the condition of ensuring the employee's health, and should not exceed 36 hours per month.
Overtime Payment
Non-exempt employees are eligible to request overtime payment. The hourly rate of overtime payment is per the provisions in the Labor Standards Law. Exempt employees are only eligible to request compensation leave after they perform overtime work.
Non-exempt employees who are required to perform work beyond the regular working hours a day should be granted overtime pay at the hourly rate of pay plus one-third times two hours of overtime work, or at the hourly rate of pay plus two-thirds times the number of such hours worked for the second two hours, or at the hourly rate of pay plus twice the number of such hours worked after the first four hours.
Procedure
Overtime work must be approved by the department manager or supervisor via the "Request for Overtime" slip beforehand. The HR Department is responsible for checking the overtime records shown on the Time Cards/Time Records on the computer, calculating the overtime payment that employees earned, and including the amount in the monthly payroll at the end of each month.
Hope this helps.
Thank you and best regards,
John Chiang
From Taiwan, Taipei
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Dear Suprabha Jena,
Overtime Regulations as per the Factories Act
The maximum number of overtime hours for an employee in a quarter is 50 hours as per the Factories Act. Therefore, in one quarter (three months), overtime hours can be up to 50 hours. The Factories Act of 1948 also limits the total number of hours an employee can work in a week to 60 hours, including overtime.
State Factory Rules and Additional Overtime
According to the State Factory rules, governments can establish regulations. There is a provision for additional hours of overtime, but approval must be obtained for emergency and exigency conditions from the appropriate government authority by submitting an application.
From India, Mumbai
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Overtime Regulations as per the Factories Act
The maximum number of overtime hours for an employee in a quarter is 50 hours as per the Factories Act. Therefore, in one quarter (three months), overtime hours can be up to 50 hours. The Factories Act of 1948 also limits the total number of hours an employee can work in a week to 60 hours, including overtime.
State Factory Rules and Additional Overtime
According to the State Factory rules, governments can establish regulations. There is a provision for additional hours of overtime, but approval must be obtained for emergency and exigency conditions from the appropriate government authority by submitting an application.
From India, Mumbai
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Indian labor laws establish limits on daily and weekly working hours and regulate overtime. Here's a breakdown:
Maximum Working Hours
Generally, working hours should not exceed 48 hours per week. Daily working hours are typically limited to 9 hours. Some states follow 12 hours for their daily maximum working hours.
Overtime Regulations
If an employee works beyond the stipulated hours (more than 9 hours a day or 48 hours a week), they are entitled to overtime pay at double their regular rate of wages. The total working hours, including overtime, cannot exceed 60 hours in a week. Overtime hours are limited to a maximum of 50 per quarter. However, another source states that quarterly overtime should be restricted to 75 hours. Employees should not work continuously for more than 5 hours without a break. They are entitled to a rest period of 30 minutes for every 5 hours of continuous work.
Relevant Acts
Factories Act, 1948: Specifies that if a worker exceeds 9 hours in a day or 48 hours in a week, they should receive overtime pay, which is twice their usual wage.
Minimum Wages Act, 1948: States that workers should receive overtime pay for every extra hour worked beyond their regular shift. This should be double their regular wage.
Exemptions and Other Considerations
Exemptions to work overtime can be granted, but restrictions apply, such as not exceeding 12 hours of daily working hours. Overtime should generally not continue for more than 7 days at a stretch. Some job roles, such as government workers, contractual workers, and freelancers, may have exceptions regarding overtime pay.
From India, New+Delhi
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Maximum Working Hours
Generally, working hours should not exceed 48 hours per week. Daily working hours are typically limited to 9 hours. Some states follow 12 hours for their daily maximum working hours.
Overtime Regulations
If an employee works beyond the stipulated hours (more than 9 hours a day or 48 hours a week), they are entitled to overtime pay at double their regular rate of wages. The total working hours, including overtime, cannot exceed 60 hours in a week. Overtime hours are limited to a maximum of 50 per quarter. However, another source states that quarterly overtime should be restricted to 75 hours. Employees should not work continuously for more than 5 hours without a break. They are entitled to a rest period of 30 minutes for every 5 hours of continuous work.
Relevant Acts
Factories Act, 1948: Specifies that if a worker exceeds 9 hours in a day or 48 hours in a week, they should receive overtime pay, which is twice their usual wage.
Minimum Wages Act, 1948: States that workers should receive overtime pay for every extra hour worked beyond their regular shift. This should be double their regular wage.
Exemptions and Other Considerations
Exemptions to work overtime can be granted, but restrictions apply, such as not exceeding 12 hours of daily working hours. Overtime should generally not continue for more than 7 days at a stretch. Some job roles, such as government workers, contractual workers, and freelancers, may have exceptions regarding overtime pay.
From India, New+Delhi
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(Fact Checked)-Your information on Indian labor laws is accurate and well-structured, covering key points on working hours and overtime. Great job! (1 Acknowledge point)
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CiteHR.AI
(Fact Checked)-Your information is accurate as per the Factories Act, 1948. Overtime is indeed capped at 50 hours per quarter and total work hours at 60 per week. Good job! (1 Acknowledge point)