My employer in Aurangabad makes me work 60 hours a week, what is the legal limit on weekly working hours?

Detailed Legal Analysis

The legal limit on weekly working hours in India is 48 hours, as stipulated under the Factories Act, 1948. Working 60 hours a week exceeds this limit, and employees have rights that protect them from such excessive working hours.

According to the Factories Act, 1948, the following key points outline the regulations regarding working hours:

• Section 51: This section states that no adult worker shall be required or allowed to work in a factory for more than 48 hours in any week.
• Section 54: Any work done beyond the stipulated 48 hours is considered overtime. Workers are entitled to be paid for overtime at double the rate of their ordinary wages.
• Section 59: This section further mandates that no worker shall be required to work for more than 9 hours in a day, except under special circumstances that are legally defined.

Additionally, if you are employed in an establishment that is not covered under the Factories Act, the Shops and Establishments Act of the respective state may apply. In Maharashtra, the relevant provisions are governed by the Maharashtra Shops and Establishments Act, 2017. Under this act:

• Section 10: The maximum working hours for an employee are limited to 9 hours a day and 48 hours a week.
• Section 14: Employees working beyond the prescribed hours are entitled to overtime compensation, which should be at least 1.5 times the regular wage.

It is important to note that any employment contract or internal policy that requires employees to work beyond these legal limits may be deemed void and unenforceable under Indian law.

If your employer is making you work 60 hours a week, you should consider the following steps:

• Document your working hours and any correspondence with your employer regarding this issue.
• Inform your employer about the violation of the legal working hours.
• If the issue persists, you may file a complaint with the local Labour Commissioner or the relevant labour court.
• Seek legal advice from a lawyer specializing in labour law for further assistance.

By being aware of your rights and the legal framework, you can take appropriate action to ensure compliance with labour laws in India.