The recent tragic death of EY employee Anna Perayil has sparked a growing demand for stronger employee well-being laws in India.
One of the key proposals is the introduction of a “Right to Disconnect” law, which has gained traction in countries like France and Australia. This law is intended to protect employees from the pressures of staying connected to work outside of regular hours, helping to prevent burnout and maintain work-life balance. While the “Right to Disconnect” is still a proposal in India, it has highlighted the need for clearer policies surrounding work hours and employee well-being.
In India, various laws already regulate working hours and conditions, but there are no specific provisions related to digital disconnection. Here is an overview of the current work hour laws that apply to different sectors in India.
1. The Factories Act, 1948 (For Manufacturing Units and Factories)
The Factories Act was introduced to ensure the safety, health, and welfare of workers in industrial settings. It sets limits on the number of hours employees can work and establishes important guidelines for breaks and overtime.
- Maximum Working Hours: For adult workers, the Act stipulates a maximum of 48 hours per week and 9 hours per day.
- Overtime: Employees who work beyond 9 hours a day or 48 hours a week are entitled to overtime pay, which must be at twice their regular hourly wage.
- Weekly Rest Day: Workers must be granted a minimum of one day of rest per week, which is usually on Sunday, though it can be substituted with another day with prior notice.
- Daily Rest Period: After working for 5 consecutive hours, workers must be given a break of at least 30 minutes.
- Spread Over: The total working time, including rest periods, should not exceed 10.5 hours per day.
2. Shops and Establishments Act (For Corporate Offices and Non-Factory Workplaces)
The Shops and Establishments Act governs work hours for employees in offices, retail establishments, and other non-factory workplaces. Each state has its own version of this law, but the general principles are similar.
- Maximum Working Hours law: Employees in these sectors are typically allowed to work up to 9 hours a day and 48 hours a week.
- Overtime: Employees who exceed these limits are entitled to overtime pay, which is typically double the regular rate.
- Weekly Rest Day: Employees must receive a weekly rest day, often on Sunday, although it may vary by state.
- Rest Breaks: A minimum break of 30 minutes is required after 5 continuous hours of work, though this may differ depending on the state.
- Spread Over: The total working hours, including rest breaks, should not exceed 10-12 hours per day depending on the state.
3. The Code on Wages, 2019
The Code on Wages was introduced as part of India’s labor reforms to streamline wage-related matters, including overtime payments. However, it does not directly regulate working hours. Instead, it aims to bring uniformity in pay practices across various sectors, including establishing clear guidelines for overtime compensation.
While this code harmonizes wage regulations, it does not address specific issues related to work hours, and inconsistencies may still arise between state-specific Shops and Establishments laws and the new labor codes.
4. Occupational Safety, Health, and Working Conditions Code, 2020
The Occupational Safety, Health, and Working Conditions Code is expected to replace multiple existing labor laws, including the Factories Act. It extends protections to a broader range of industries, including the IT and corporate sectors.
- Maximum Working Hours: Similar to the Factories Act, this code maintains restrictions on working hours and overtime but offers more flexibility in determining work schedules for certain industries like IT.
- Overtime: Overtime payments and weekly rest requirements are likely to remain similar to those under the Factories Act.
- Flexibility for Sectors like IT: The code may introduce more flexible working hours for industries like IT, though these will be subject to state regulations.
The code aims to resolve discrepancies between existing state laws and national labor laws but may face challenges in implementation and interpretation, especially in sectors like IT where work patterns can be more variable.
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Key Points for Corporate Offices
In corporate offices and other non-factory workplaces, particularly in sectors like IT, there is often more flexibility in terms of work hours.
- No Legal Restriction on 5-Day Workweek: Unlike factory settings, there is no legal requirement for a 5-day workweek in corporate offices, although companies must still adhere to daily and weekly work hour limits.
- Flexibility in Working Hours: Staggered shifts and flexible work arrangements are allowed, as long as the daily and weekly hour caps are respected.
- Night Shifts for Women: Women working in night shifts (10 PM to 6 AM) face restrictions unless the employer has obtained special permission and ensures appropriate safety measures. These restrictions may vary across states.
- Operational Flexibility: Some states allow establishments to operate throughout the week by engaging additional staff, as long as they comply with the working hours regulations.
Conclusion
India has a robust framework of laws designed to protect employees from excessive working hours, with provisions for rest periods and overtime pay. However, enforcement remains a challenge. Many employees, particularly in sectors like IT, are often expected to work beyond official hours, and fear of job loss can prevent them from voicing concerns about burnout or overwork.
While existing laws protect employees from excessive working hours, there is a significant gap between policy and practice, particularly in the digital era where the boundaries between work and personal life have become increasingly blurred. The growing call for a Right to Disconnect law reflects the need for stronger protections against digital burnout. Until such a law is enacted, both employers and employees must take responsibility for maintaining a balance between work and well-being, ensuring that the legal limits on working hours are respected, and that mental health is prioritized.