Workers at my factory in Shimla are being made to work more than 48 hours per week; what are the statutory limits on weekly working hours?

Detailed Legal Analysis

Under the Factories Act, 1948, no adult worker can be required to work more than forty-eight hours in a week and nine hours in a day, with a weekly off day. Overtime is permissible up to a maximum of fifty hours in a quarter (extendable to seventy-five by the Chief Inspector), and must be paid at twice the ordinary rate of wages.

Spread-over, including rest intervals, cannot exceed ten and a half hours. The employer must maintain registers of attendance, overtime, and wages under the relevant Rules.

The Himachal Pradesh High Court may be approached for enforcement of statutory working hours. The Himachal Pradesh Rent Control Act 2012 on factories, being the state Factories Rules, prescribes the detailed limits on hours, overtime, and rest intervals.

Non-compliance attracts fine, and the inspector can direct reduction of hours and recovery of overtime dues. Workers who exceed the statutory limit are entitled to overtime compensation regardless of their consent.