Is 90 hours a week legal? Here’s what Indian labour laws say about working overtime

Despite India’s labour laws capping working hours at 48 per week, many employees, particularly in urban areas, often find themselves working overtime without adequate compensation. The discrepancy between these laws and real working conditions highlights the ongoing challenges of protecting workers' rights. This issue is compounded by outdated regulations, weak enforcement, and the growing influence of large corporations, which demand more from their employees. With India’s National Youth Day on January 12, a renewed conversation around workers' rights and the country's labour laws seems more important than ever.

The Culture of Overwork: A Growing Concern

A survey conducted by global job platform Indeed found that 88% of Indian employees are contacted by their employers outside of regular working hours, with 85% stating that communication continues even during public holidays or sick leave.

Among these workers, 79% expressed concerns that not responding after hours could affect their career progression, including potential missed promotions and damaged reputations. This highlights the deeply ingrained culture of overwork, where employees are expected to be available round-the-clock, often without receiving additional pay. India ranks among the highest countries for deaths linked to overtime, according to a joint study by the International Labour Organisation (ILO) and the World Health Organisation (WHO).

Business Leaders Fuel the Debate

The topic of extended working hours gained further attention following comments made by Larsen & Toubro (L&T) Chairman SN Subrahmanyan. Speaking in support of a longer workweek, he suggested that Indians could work 90 hours a week, saying that “How long can you stare at your wife?” in reference to the need for workers to focus on their jobs. This remark sparked widespread backlash, especially concerning the detrimental impact on work-life balance.

This is not the first time prominent business figures have made such controversial statements. Infosys co-founder Narayana Murthy had previously argued that Indians should work 70 hours a week to match the productivity of developed nations, although none of the top 15 tech companies mandate such long hours, according to Forbes’ 2023 report.

Also Read: L&T's HR head breaks silence on chairman's controversial 90-hour work week remarks

Labour Laws in India: Protecting Workers or Falling Short?

Indian labour laws, such as the Factories Act of 1948, aim to protect workers' rights by regulating working hours and ensuring fair conditions. The Factories Act stipulates that employees should work no more than 48 hours a week, with daily limits of nine hours. The law also mandates rest intervals and paid annual leave for workers who have completed 240 days of service.

Additionally, laws like the Minimum Wages Act and the Maternity Benefit Act seek to safeguard workers from exploitation and provide financial security. Despite these protections, enforcement remains weak, and millions of employees face poor working conditions, low wages, and inadequate support.

Challenges in Enforcing Labour Laws

While the government has introduced measures like the Minimum Wages Act and Maternity Benefit Act to improve workers' conditions, the enforcement of these laws is often lax, especially in sectors where workers are most vulnerable. A significant number of employees, especially in the informal and unorganised sectors, do not benefit from these protections. Additionally, the rise of multinational corporations (MNCs) and outsourcing practices has further complicated the situation. Many workers in these companies, particularly those employed by third-party contractors, face challenges in securing fair pay and benefits.

Also Read: Sunday turns into 'stareday' as industrialists, netizens collaborate to hit back at '90-hour work week' debate

New Labour Codes: Flexibility or Exploitation?

In 2020, India passed four new labour codes aimed at streamlining and simplifying the country’s labour laws. These new regulations proposed more flexibility for employers, including the option for employees to work 12-hour days in exchange for a four-day workweek, provided the 48-hour weekly limit is maintained.

While these codes sought to modernise the labour market, their implementation has been delayed, and many workers remain uncertain about the changes. The new codes do not substantially alter the maximum working hours but introduce the possibility of extended daily hours, which could be seen as a move to reduce employee protections.

Are Employees Entitled to Overtime Pay?

In states where the Shops and Establishments Act applies, employees are entitled to overtime pay for hours worked beyond the weekly limit. For instance, in Maharashtra and Telangana, overtime pay is calculated at twice the regular wage for the extra hours worked. However, many white-collar employees are not covered by these laws, as they are often excluded due to their roles or salaries. In such cases, overtime pay and working hours are governed by company policies, leaving employees vulnerable to exploitation if their employers do not follow best practices.

Despite the existence of these laws, India’s working culture remains plagued by long hours, low wages, and a lack of adequate protections. While some companies, particularly in the startup ecosystem, have started to promote healthier work cultures with perks and incentives, these remain exceptions. For most employees, especially in large corporations and traditional industries, overwork and poor work-life balance are still the norm.