When it comes to labour rights in India, working hours are not just a matter of company policy—they’re a matter of law. Suppose a factory manager asks a worker to complete 70 hours in a week, including overtime. Would that demand stand up to legal scrutiny? Let’s examine this through four clear lenses: facts, issues, legal principles, and judgment.
Facts of the Case
In a medium-sized textile factory, the manager instructed a machine operator to work for 70 hours during a particular week. This total included both regular and overtime hours. The worker completed the assigned hours but later raised a concern about being overworked and under legal strain.
The factory had experienced a surge in production demands that week. Management claimed it was a one-time requirement due to a bulk order. However, the worker felt exploited and questioned the legality of such extended hours under labour laws.
Issues of the Case
- Can an employer legally ask a factory worker to work 70 hours in a single week?
- What are the permissible working and overtime limits under Indian labour laws?
- Does the manager’s action violate the provisions of the Factories Act, 1948?
- What are the rights of the worker in this situation?
These questions lie at the heart of the dispute and need answers based on statutory provisions and precedent.
Principles and Relevant Legal Provisions
The primary legal framework in this scenario is the Factories Act, 1948. This Act governs the working conditions in factories across India. It sets clear limits on working hours, rest periods, and overtime.
Key Provisions:
- Section 51: No adult worker shall be required or allowed to work in a factory for more than 48 hours in any week.
- Section 54: The daily working hours shall not exceed 9 hours.
- Section 59: Overtime is permitted, but a worker shall not work more than 60 hours in any week and not more than 50 hours of overtime in any quarter.
- Section 55: A worker must get a rest interval of at least 30 minutes after every 5 hours of work.
Clearly, the Factories Act, 1948 lays down strict boundaries to protect the physical and mental well-being of workers.
Judgment
In this case, the manager acted against the law by requiring the worker to work 70 hours in a single week. The legal cap stands at 60 hours per week, including overtime. Any schedule beyond this violates statutory limits and can attract penalties.
Even if the demand was due to exceptional circumstances, the law does not allow more than 60 hours. The employer cannot bypass labour standards under any pretext. The worker, therefore, holds the right to file a complaint with the labour commissioner or the factory inspector.
