Apurv 05 June 2020

Working hours

Hi I am qworking in a IT industry and they have aligned me a shift on Saturday which is of 15 Hours .. and I have to do this shift on every sat.. is this legal .. i am from Faridabad.. kindly assist me with links or some assistance

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Dibsha Nanda 05 June 2020

Hello.

After deliberating on your query, I shall inform you that the Factories Act, 1948 which regulates working hours of employees, is not applicable to the IT industry.

The question of whether Software and IT companies are under the purview of the Factories Act and Industrial Dispute Act is still not settled and is yet to be decided by a larger bench of the Supreme Court.

However, in Faridabad (Haryana), Punjab Shops And Commercial Establishments Act, 1958 is applicable and it includes IT establishments under its purview. The provision for working hours of employees under the Act is the same as that under The Factories Act, 1948.

Section 7(1) of the Punjab Shops And Commercial Establishments Act, 1958 states that no person shall be employed about the business of an establishment for more than forty-eight hours in any one week and nine hours in any one day.

Also, the person-employed overtime shall be paid remuneration at twice the rate of his normal wages calculated by the hour under Section 7 (2).

I hope this helps you!

Regards,

Dibsha