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Amit Saini   05 October 2015

Maximum working hours per day

My friend is working in a company at chandigarh. the problem with his job is , his company is taking minimum12 hours of work from him and from some more employees on the daily basis. And even don't provide them 1 hour of relaxation in between the job. What they should do? even when they speak to their seniors they yell on them and say "This is the way you have to work"

More over they don't have any week off yet. from last one month they are working continuously and if they take any leave due to any trouble or health issue .. they mark a mail to them like "Its a 1st and last warning we will not tolrate this kind of practice" even after informing that i am not well. 

the barnd for which they are working is well known and even it gives commercials on television also.


 11 Replies


please give details about the company. lets see wheather it is factory or not.

1 Like

Amit Saini   05 October 2015

hi arix sent you PM with name of company

KS Johal   05 October 2015

Company details are required to evaluate the situation and to advise you further.

Amit Saini   05 October 2015

i have sent the name of the company in personal message

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 October 2015

Working Hours in India: As per the Factories Act 1948, and minimum wages Act, 1948  every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours. You can give complaint to the local labour commissioner. He will enquire and take suitable action on the managment. 

1 Like

Amit Saini   05 October 2015

thank you so much Rama

Kumar Doab (FIN)     05 October 2015

First of all determine the company is registered as/covered by which Act:Punjab Shops and Commercial Establishments Act (Chandigarh/Punjab/Haryana follow it) /Factory Act.......................and then look into the provisions of the Act..............


Download the evidence of work hours/day (audio/visual/witnessed/minuted/emails/SMS/work reprost) and build proof.



It is undoubetdly 8hrs/day=48hrs/week..................................beyond which OT is applicable.

There should be a break after each 5hours.

Weekly off and other holidays,national holidays are well defined.

Leave and eligibility is well defined.Sick leave should not be denied.......................amx. company can ask for advise of doctor........................that you should always keep in original.


There is a cap of max. working hours/day.......................OT/day then per Quarter/half year, per year................................beyond which OT can not be asked for .

OT is @ double the wages.

Demand and download attendance record, salary slips of all months and if OT is not included demand it in writing.


The company is duty bound to submit work hours/attendance/OT/leave record as per various registers prescribed under the Acts.......................


You can approach employee's/Trade unions and they may opine to approach:


Inspector appointed under : Punjab  Shops and establishments Act (if your office is registered or covered by the Act and you are covered by the def. of 'Employee' as in the Act) and call the person shown as Manager/representative of management s in registration Certificate. This Act is so employee friendly.............................and may not discrimnate between 'Workman' and 'Non Workman'.

Or ALC-Central as the case may be in your case.



Inspector appointed under :Payment of Wages Act if your wages as per def. of wages in the Act is upto Rs.18000/pm.This Act does not discrimnate between 'Workman' and 'Non Workman'.


Higher officials of Dept. of laabor (state/central as applicable in your case)

Kapil Sethi (Director)     05 October 2015

Apart from what others have stated about Indian provisions. I want to inform you that India is a member of International Labour Organization. By virtue of this Indian Govt follows the norms as stated by ILO in all compaies located in India.
You can also file a complain with ILO that will have more impact on the employer as well as on the government. I feel it is difficult to face the court in India is spite your comapny is doing wrong. So it is better first you apporach the comapny then the Indian Authorities giving reference to ILO standards. If no one listens then write to ILO.
Given below are the realted links from ILO site which will
elaborate my answer and a complete answer to your problem. 
If you still face a problem then please write to me with details of the company and the persons involved
so that I can take up this issue and help you by directly talking to the ILO Ethnic Committee.
Question: What are the maximum hours of work per week allowed under ILO standards for shift workers?

Question: What are the ILO provisions concerning working time?

Please dont hesitate to ask any further qestions. Best wishes.

1 Like

Amit Saini   06 October 2015

Thanks a lot kapil sethi for ur help. Now there is an issue he doesn't have proper or strong attendence proof, as his senoios marks his attendence and if he asks them to his attendence record they say we mark it correctly and we send it to the next level. I have email records in which when he reaches to office he sends email of "Store open" and at the end of the shift hr sends email "Store close" from his email domain. So this is the only proof i have to prove that he remail in office for more than 12 hours every day...

Kapil Sethi (Director)     06 October 2015

This is what they take advantage of my friend. They treat educated as uneducated and leave no proof for the wrong they are doing. In such a case just file a general complain about the company and how they are working. Also write in your complain that they get you on work for 12 hrs but also compel to sign only for regular hrs.  Authorities may have a surprise check to see what is happening in practice. But please remember the company should not come to know about your complain otherwise they will amend their way. Your individual case in such a scenario may not have much weightage but having known the way company works will be made open to the authorities and they will be able to take appropraite action. I hope this helps.

1 Like

Kumar Doab (FIN)     06 October 2015

Each affected employee may stand as a witness to each other.

Build as much and as many proof you can.

You can also seek support from employee's/trade unions.

Unions in Punjab,Haryana,Chandigrah have traditionally been strong.



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