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Aniel (CMD)     30 June 2015

Working hours in it


I am working in an IT company in Chennai and have issues with the working hours. The company has displayed (on the notice board) the TN Labour Act which clearly status the normal working hours should not exceed 9 hrs a day and beyond that it will be considered as overtime and proper compensation has to be done for the same.

But the company requires us to work 9.5 hrs a day mandatory. We are asked to stick to this policy, though it is hard to find any policy document stating that the working hours to be 9.5

Is there anything that we can do about it? Is IT Cos an exception? Appreciate if you could provide clear & detailed advise as I have intentions of taking legal action if possible.


 6 Replies

arulprasath (HR & Legal)     30 June 2015


IT companies covered under TN Shops and establishment act and it clearly says that working hours is 8 hrs per day and 48 hrs per week, if exceeding prescribed working hours will be an offence, you can escalate to the JCL / Trade Union.

kameswarao S (Head HR)     30 June 2015

In general most of the IT companies work for  5 day week. Pl find out whether it is five day / six day week,  If 5 day week then they have extend the working hours of the day. The said 9.5 hrs is excluding or including the lunch break.  

If it is 6 day week and working for 9.5 hrs including the lunch break of one hour is also wrong, it should be only 8 hrs excluding the lunch & other breaks.

In case there is a violation the you can lodge a complaint with the Authority under shops and establishments act ie., Dy / Jt commissioner of labour.


Kumar Doab (FIN)     30 June 2015

IT/ITeS/Software/BPO/KPO companies are covered by Shops & Estbs Act of the state that was enacted to govern the service conditions of the employees working in establishments covered by the Act.


Work Hours are: 8/day...................48/week and beyond it OT is applicable.

After 5 hrs of work break is to be given.

Do you have record of work hours?

Has the company inserted work hours in appointment letter/notice board/HR policy etc?

Has it stated work hours =9.5/day on notice board?

Take a snapshot of "displayed (on the notice board) the TN Labour Act" and attendance record/email/orders/verbal communications etc demanding 9.5 hrs/day.

Generate irrefutable evidence.


Call IT/ITeS Union leaders/trade Unions Leaders and let them also record.Media can be informed.


Let the Inspector appointed Tamil Nadu Shops and Establishment Act, Payment of Wages Act also check.

You may go thru both: Tamil Nadu Shops and Establishment Act and also Tamil Nadu Shops and Establishment Rules and various registers/forms e.g Form' N' and check if emplyer is recording less than 9.5 hrs  attedance to falsify the record and avoid OT.


Falsification of record is offence.

You can also report to higher officials of  Dept of Labor Tamil Nadu.







Kumar Doab (FIN)     30 June 2015

In matters posted by you IT/ITeS/Software/BPO/KPO companies are no exception at all.

Aniel (CMD)     30 July 2015

On reading the response, it's clear they can ask us to work 48 hrs a week. Since my company has 5 day work week, 9.5 x 5 = 47.5 hrs per week. So it seems within the limit.

But, as there is also the condition of 8 hrs a day, need to know how 8 hrs a day & 48 hrs a week should be considered. For e.g. is it to be read like 8 hrs a day or 48 hrs a week, whichever is higher OR 48 hrs a week subjected to 8 hrs a day?

Kumar Doab (FIN)     30 July 2015

Read the Shops & Estbs Act of the state  carefully and also section on :Work Hours, OT..........


It is in simple language.


The Max. no. of allowed work hrs /day, Cap on OT/day/qtr/half year/year is also prescribed in it.

OT shall be applicable if clocked work hrs/week exceed 48 hrs.

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