My employer in Thiruvananthapuram 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 Thiruvananthapuram, is generally set at 48 hours under the Factories Act, 1948, and the Shops and Establishments Act, applicable in various states.

According to the Factories Act, 1948:

• Section 51 states that no adult worker shall be required or allowed to work in a factory for more than 48 hours in a week.
• Section 54 mandates that if a worker works more than the stipulated hours, they must be compensated with overtime pay, which is typically double the ordinary rate of wages.

In addition, the Kerala Shops and Commercial Establishments Act, 1960, which governs the working hours in shops and commercial establishments in Thiruvananthapuram, also has specific provisions regarding working hours:

• Section 12 specifies that no employee shall be required to work for more than 8 hours in a day and 48 hours in a week.
• Overtime is compensated as per the provisions of the Act, and employees working beyond the prescribed hours are entitled to additional pay.

Furthermore, the Maternity Benefit Act, 1961, under Section 4, provides additional protections for pregnant women working in establishments, ensuring that they do not work beyond stipulated hours during their maternity leave period.

Employers are required to maintain proper records of working hours and ensure compliance with these regulations. If your employer is making you work 60 hours a week, they are in violation of the applicable laws, and you have the right to address this issue.

Steps to take if you are facing this issue:

• Document your working hours, including start and end times each day.
• Communicate your concerns to your employer in writing, referencing the applicable laws.
• If the issue persists, consider approaching the Labour Commissioner or the appropriate authority in Thiruvananthapuram to file a complaint.
• Seek legal assistance from a labour lawyer if necessary, to understand your rights and options for compensation or remedy.

It is crucial to ensure that your rights as a worker are protected, and you are not subjected to unlawful working conditions.