Working Hours in India vs International Labour Standards: A Simple Legal Guide

Working hours directly affect employee health, productivity and work-life balance. In India, rules on working hours are changing with new labour codes and increasing focus on compliance. At the same time, international organisations like the ILO (International Labour Organization) set global benchmarks for decent working conditions.

In this guide, we explain the current law on working hours in India, the impact of new labour codes, how these rules compare with international standards, and what employers and employees can do in case of disputes.

For personalised advice on employment and labour matters, you can explore:
Employment & Labour Law Services.

Current Working Hours in India

Traditionally, working hours in India have been governed by laws like the Factories Act, 1948 and various state-specific Shops and Establishments Acts.

Key norms under the Factories Act, 1948:

• Maximum 9 hours of work per day
• Maximum 48 hours of work per week
• Mandatory rest intervals and weekly off
• Overtime to be paid at prescribed higher rates

In practice, however, many employees, especially in the unorganised sector, end up working longer hours without proper documentation or overtime payment. This leads to frequent disputes and complaints.

New Labour Codes and Their Impact on Working Hours

The Government of India has introduced four new labour codes to simplify and modernise employment laws:

• Code on Wages, 2019
• Industrial Relations Code, 2020
• Code on Social Security, 2020
• Occupational Safety, Health and Working Conditions Code, 2020

These codes consolidate several older laws and bring new flexibility in working arrangements, subject to conditions notified by the government.

Possible changes relating to working hours (as per new framework):

• Working hours can be structured differently, including 4-day work-week models, as long as the weekly limit is respected
• Clearer rules on overtime and record-keeping
• Greater emphasis on safety, health and welfare at the workplace

For businesses, it is important to re-check policies, HR manuals and employment contracts to align them with the new codes. For assistance with policy drafting and compliance, you may visit:
Corporate Governance & Compliance.

Implementation Challenges in India

Even with detailed laws, implementation is not always smooth. Some common challenges are:

• Large informal workforce without written employment contracts
• Inadequate maintenance of attendance and working-hour records
• Lack of awareness among workers about their rights
• Non-standard shift systems in sectors like IT, logistics, hospitality and manufacturing

Because of these issues, disputes on working hours, overtime, shift duty and weekly offs are common before labour authorities and courts.

International Labour Standards on Working Hours

The International Labour Organization (ILO) sets global standards to promote fair and humane working conditions. Many of its conventions deal with working hours, rest periods and overtime.

Typical ILO-guided standards:

• 40-hour work week (8 hours per day for 5 days) in many jurisdictions
• Mandatory rest day at least once a week
• Clear rules on overtime, usually at higher pay rates
• Focus on work-life balance and prevention of fatigue

Compared to this, India’s legal framework generally allows up to 48 hours per week, which is slightly higher than the ILO’s typical reference point. However, Indian law also provides for overtime pay, weekly rest and other protections.

As Indian workplaces become more global and technology-driven, there is increasing pressure to align local practice with international expectations, especially for MNCs and export-oriented businesses.

Common Working Hour Disputes in India

1. Excessive Overtime and Unpaid Wages

Many disputes arise when employees are made to work beyond normal hours without:

• Approval for overtime
• Proper overtime records
• Payment at legally required overtime rates

Employees may approach labour authorities or courts to claim unpaid overtime, penalties and other dues.

2. Irregular Shifts and Work-Life Balance

In 24×7 industries, disputes often relate to:

• Rotational night shifts
• Sudden changes in duty rosters
• Inadequate rest between shifts
• Compulsory work on weekly off or holidays

Improper shift allocation can lead to burnout, health issues and higher attrition, apart from legal challenges.

3. Non-Compliance with Weekly Off and Rest Periods

Even when daily hours are within the limit, issues arise if weekly off is not granted or rest intervals are denied. Such cases can attract scrutiny from labour inspectors and complaints from employees.

Dispute Resolution for Working Hour Issues

1. Internal Grievance Mechanisms

Companies are encouraged to have clear HR policies and internal grievance mechanisms. Early discussion with HR or management often resolves misunderstandings on duty hours, shifts and overtime.

2. Labour Authorities and Courts

If internal resolution fails, employees can approach:

• Labour officers or labour commissioners
• Labour courts or industrial tribunals

Here, proper documentation (attendance records, salary slips, emails, rosters) plays a crucial role. For representation in such disputes, you can explore:
Litigation & Dispute Resolution.

3. Alternative Dispute Resolution (ADR)

Mediation and arbitration are increasingly used to resolve employment disputes, especially for senior employees and managerial contracts. ADR helps maintain relationships and avoids long litigation.

Role of Awareness and Training

Many conflicts regarding working hours arise simply due to lack of awareness:

• Employees may not know their rights on overtime, off days and shifts
• Supervisors may not be trained in legal requirements
• Policies may not be updated as per new labour codes

Regular training, updated employee handbooks and clear communication can prevent disputes before they begin.

Conclusion

The law on working hours in India is moving towards better clarity and modernisation through new labour codes. At the same time, international labour standards continue to push for healthier work environments and improved work-life balance.

For employers, the key is to:

• Understand legal limits on working hours
• Maintain proper records and transparent policies
• Ensure fair overtime and shift practices

For employees, it is important to:

• Know your rights on working hours and overtime
• Raise concerns early through proper channels
• Seek legal support if disputes are not resolved

Lawspicious supports both employers and employees in navigating employment and labour law issues, including disputes about working hours, overtime, termination and workplace policies.

To discuss your matter confidentially, you can contact us here:
Contact Lawspicious.

Why Choose Lawspicious for Employment and Labour Disputes

Lawspicious is a Kolkata-based law firm with experience across business, financial and employment disputes. Our approach combines:

• Practical advice on HR policies and contracts
• Strong representation in labour authorities and courts
• Balanced strategy that considers both legal risk and business realities

We assist with:

• Drafting and reviewing employment contracts and HR policies
• Advising on working hour compliance and new labour codes
• Handling disputes on overtime, wrongful deductions and unfair shift practices

Learn more about our services:
Employment & Labour Law |
Business & Corporate Law.

Frequently Asked Questions (FAQs)

1. What are the standard working hours in India?

Under laws like the Factories Act, 1948, employees generally cannot be required to work more than 9 hours a day and 48 hours a week, subject to state-specific rules. Overtime beyond this has to be paid at higher rates.

2. How do Indian working hours compare with international norms?

Many international standards, such as those referred to by the ILO, use a 40-hour work week as a benchmark. India allows up to 48 hours per week, but also recognises overtime pay, rest days and other safeguards.

3. Have the new labour codes changed rules on working hours?

The new labour codes aim to modernise and consolidate multiple laws. They allow more flexibility in structuring working hours and shifts, while keeping overall weekly limits and safety requirements.

4. What can an employee do in case of working hour disputes?

Employees can first raise the issue internally with HR or management. If not resolved, they can approach the labour department, labour court or seek legal advice. For guidance, you may connect with us at
Lawspicious – Contact Page.

5. How do these laws affect employers?

Employers must ensure proper recording of attendance, respect weekly and daily limits, pay overtime correctly and update policies as per new codes. Non-compliance can result in penalties, litigation and reputational risk.