My employer in Kozhikode forces me to work more than 9 hours a day — is it legal?

Detailed Legal Analysis

It is illegal for your employer in Kozhikode to force you to work more than 9 hours a day, as this violates the provisions set forth in the Indian labour laws, specifically the Factories Act, 1948 and the Shops and Establishments Act, 1953, which govern working hours.

According to the Factories Act, 1948:

• Section 51: It states that no adult worker shall be required or allowed to work in a factory for more than 48 hours in any week, which translates to a maximum of 9 hours a day if the worker is employed for six days a week.
• Section 54: If a worker is required to work beyond the stipulated hours, they are entitled to overtime pay at double the ordinary rate of wages for every hour of overtime worked.

Furthermore, under the Kerala Shops and Commercial Establishments Act, 1960, the following provisions apply:

• Section 14: It specifies that a worker in a commercial establishment cannot work for more than 9 hours in a day and 48 hours in a week.
• Section 15: Any work beyond the stipulated hours is considered overtime, and workers are entitled to payment for such additional hours.

Employers are also mandated to maintain a register of working hours, and any discrepancies can be reported to the appropriate authorities. Here are the steps you can take if you face such issues:

• Document your working hours: Keep a record of the hours you work each day, noting any instances where you are forced to work beyond the legal limits.
• Raise the issue with your employer: Approach your employer or human resources department to discuss your concerns about the working hours.
• File a complaint: If the issue persists, you can file a complaint with the Labour Commissioner in Kozhikode or the relevant labour department.
• Seek legal advice: Consider consulting with a lawyer specializing in labour law for guidance on the next steps, including potential legal action.

In summary, your employer's actions are not compliant with Indian labour laws, and you have the right to seek recourse to ensure your legal working hours are respected.