My employer in Kozhikode 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, including Kozhikode, is generally set at 48 hours per week, as outlined in the Factories Act, 1948. If your employer is making you work 60 hours a week, this exceeds the legal limit and may be in violation of labor laws.

Here are the key points regarding working hours under Indian law:

• Factories Act, 1948: This act governs the working conditions in factories and sets the standard for working hours.
• Section 51: States that no worker shall be required or allowed to work in a factory for more than 48 hours in a week.
• Section 54: Allows for a maximum of 9 hours of work in a day, which sums up to a maximum of 48 hours per week.
• Overtime Compensation: If a worker is required to work beyond the stipulated hours, they must be compensated at twice the normal wage rate for the overtime hours worked, as per Section 59 of the Factories Act.

Additionally, if you are employed in any establishment other than a factory, the Shops and Establishments Act of the respective state may apply, which typically also caps weekly working hours at 48. For instance, in Kerala, the Shops and Establishments Act, 1960, states:

• Section 7: Prohibits any employee from being required to work more than 8 hours in a day and 48 hours in a week.
• Section 10: States that if employees work beyond the stipulated hours, they must receive overtime pay at a rate of at least 1.5 times their regular wage.

If you are working 60 hours a week, your employer may be violating these provisions. You can take the following steps:

• Document your hours: Keep a record of the hours you work each week.
• Discuss with HR: Approach your Human Resources department to address your concerns.
• File a complaint: If the issue persists, you may file a complaint with the Labour Commissioner or the appropriate authority in Kerala.
• Seek legal advice: Consider consulting a labor lawyer for guidance on your rights and potential legal actions.

It is essential to ensure that your rights as a worker are protected, and adherence to the stipulated working hours is mandatory for all employers.