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Working Hours and Overtime Rules in India – taxgst.com

Regular working time and on-call time

Regular working time may not exceed 40 hours per week.

Where necessary with regard to the nature of the work or the working conditions in general
working time may amount to an average of 40 hours per week for a period of at most four
weeks.
Monday is considered the first day of the week, unless another arrangement is in place at the workplace. on-call time may be claimed up to a maximum of 48 hours per employee over a period of 4 weeks or 50 hours per calendar month. The time during which an employee performs work on behalf of the employer is not considered on-call time.

Overtime

‘Overtime’ means working time in excess of regular working time.

When calculating overtime, compensatory rest periods or other rest periods that are scheduled
during the employee’s regular working time or on-call time shall be treated as regular hours
worked or time spent on call. Act (2000:766).

When there is a special need to increase the number of hours worked, overtime may
be worked up to a maximum of 48 hours per employee over a period of four weeks, or 50
hours over a calendar month, with a maximum of 200 hours over a calendar year(general
overtime)

Overtime in excess of general overtime may be worked up to a maximum of 150
hours per employee over a calendar year if there are special grounds for doing so and no other
reasonable solution has been possible (extra overtime).
Together, extra overtime and general overtime may not exceed 48 hours per employee over aperiod of four weeks, or 50 hours over a calendar month.

Total working time

Section 10b The total working time per every seven day period may amount to an average of
at most 48 hours during a reference period of at most four months. When calculating the total
working time, annual leave and sickness absence during times when the employee would
otherwise have worked shall be treated as hours worked. Act (2011:740)

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