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Overtime Guidelines under Labour Laws in India

Labour laws in India refers to laws that relate to the rights and tasks of the labour class in India. There are certain rights that every employee and labour has, and in order to protect their interests and rights, under the Constitution of India, articles 14-16, 19(1)(c), 23-24, 38, and 41-43A directly concern with the labour laws act in India.

The bulk of the working sector is oblivious to employee rights and labour laws in India regarding overtime rules and procedures. Labours in the private sector often have to work overtime, past their working hours in India to raise productivity and reach the company’s targets.
Labour law compliance  refers to a set of accepted terms or conditions of employment. It refers to several regulatory compliances including minimum wages act, works men's compensation act, contract labour act, factories act etc.

What are the normal working hours & overtime? 

Overtime is the period for which an employee has worked in extra of their working hours. Under the overtime rules and strategies defining work hours in India, an employee is subject to 8-9 working hours per day that equals to a total of 48-50 hours in a week.
The labour laws in india state that any employee who works more than the established working hours is eligible for an overtime remuneration for the period worked beyond mandatory working hours.

How many hours are you lawfully permitted to work in a day in India?

There are many overtime rules and methods in India stipulating different periods of working hours under the labour law
Every individual state in India has its own Shops and Establishment Act (SEA) which also lays down overtime rules and procedures for workmen employed in changed institutions. The SEA is applicable to all executive and non-executive positions, in every Indian shop and establishment.

How overtime is calculated in India?

The labour law in India for private companies are still under-defined when it comes to overtime rules in the private sector in India. The staffs in the private sector are often subjected to extra working hours with no remuneration for the overtime work is done.
One of the most famous examples are the demonetisation period in India. When more than 10,000 bank workers had to work elsewhere their working hours in both private and public sector lending firms, without getting any overtime wages.
In the private sector, the working hours and timings are stipulated by the employer in the company’s HR policy, drafted in accordance with the overtime rules and procedures in India.
The company overtime procedure must clearly state the recording time and working hours for all employees along with provisions connecting to leaves and holidays. The HR policy should also contain the company’s policy about any remuneration for the extra time any employee works.

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