I work in a software company and our employer makes us work on Saturdays without extra pay. Is this legal under Indian labour law?
RE Asked by Rekha Pandey from India
Quick Answer
IT and software companies are generally governed by the applicable state Shops and Establishments Act, as they are not covered by the Factories Act 1948.
Detailed Legal Analysis
IT and software companies are generally governed by the applicable state Shops and Establishments Act, as they are not covered by the Factories Act 1948. Under the Maharashtra Shops and Establishments Act 2017 and similar acts in other states, the maximum working hours are nine hours a day and 48 hours a week, with one day off per week.
If your employer makes you work on Saturdays without compensatory off or overtime, it is a violation of the Shops and Establishments Act, and overtime must be paid at twice the ordinary rate of wages for hours beyond nine per day or 48 per week. Many IT companies classify employees as managerial or supervisory to exclude them from overtime, but this classification must genuinely reflect the nature of the job.
You can file a complaint with the Labour Commissioner of your state if the working hours exceed the statutory limits. It is advisable to document your working hours and any communication from the employer requiring Saturday work.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.