My employer in Bikaner 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 and the Shops and Establishments Act applicable in each state, including Rajasthan.

Under the Factories Act, 1948:

• The maximum number of hours that an adult worker can be employed in a factory is 48 hours in a week (Section 51).
• Additionally, a worker cannot be required to work for more than 9 hours in a day (Section 54).
• If a worker works beyond these limits, they are entitled to overtime pay, which is typically double the ordinary rate of wages (Section 59).

In the context of the Shops and Establishments Act, 1958 (Rajasthan), the following provisions apply:

• The maximum working hours for employees in shops and establishments is also capped at 48 hours per week.
• Daily working hours cannot exceed 9 hours (Section 14).
• Overtime is compensated at a rate not less than twice the ordinary rate of wages (Section 16).

In Bikaner, if you are being made to work 60 hours a week, this exceeds the legal limit established by both the Factories Act and the Shops and Establishments Act. As a worker, you have certain rights and protections against such violations.

Here are the steps you can take if you are subjected to illegal working hours:

• Document your working hours, including the days and times you worked.
• Check your employment contract for any specific terms related to working hours and overtime.
• Discuss the issue with your employer, highlighting the legal working hour limits.
• If the issue persists, you can file a complaint with the Labour Commissioner in your region.
• Consider seeking legal advice or assistance from a labour union or legal aid organization if necessary.

It is crucial to be aware of your rights as a worker and the legal frameworks that protect those rights in India. Ensure you take appropriate action to address any violations you may be facing.