My employer in Visakhapatnam 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 per the Factories Act, 1948, and the Shops and Establishments Act applicable to the state of Andhra Pradesh, which includes Visakhapatnam. If your employer is making you work 60 hours a week, this exceeds the permissible limit and may be in violation of the law.

Here are the key points regarding working hours in India:

• 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 any work beyond the 48-hour limit is considered overtime and must be compensated accordingly.
• Shops and Establishments Act:
  • The Shops and Establishments Act varies by state. In Andhra Pradesh, it generally states that the maximum working hours should not exceed 9 hours a day or 48 hours a week.
  • Section 7 of the Andhra Pradesh Shops and Establishments Act, 1988, enforces similar maximum working hour limits.
• Overtime Compensation:
  • Under both the Factories Act and Shops and Establishments Act, any work performed beyond the prescribed hours is considered overtime.
  • Overtime pay is generally calculated at double the ordinary rate of wages for any work done beyond the stipulated hours.

If you are working 60 hours a week, you should consider taking the following steps:

• Document your working hours, including start and end times, and any overtime worked.
• Communicate your concerns with your employer or HR department regarding the violation of working hour regulations.
• If the issue persists, you can file a complaint with the Labour Commissioner’s office or approach a labour union for assistance.
• Consider seeking legal advice if necessary, to understand your rights and possible remedies under the law.

By being aware of your rights and the applicable laws, you can ensure that you are treated fairly in your workplace.