If you are stuck in such a situation, here is what to do.

Mr. Alok, an employee at Apex Innovations Ltd., a prominent IT firm in Tech City, was taken aback by a recent company announcement. Through a notification on the company’s internal portal, the management declared a revision of standard working hours to 10 hours per day. This change was implemented without any corresponding increase in salary or provision for overtime pay for the extra hour worked each day. Mr. Alok and his colleagues are now questioning the legality of this new mandate. They wonder if a company can unilaterally extend work hours without compensation and if a simple portal notification is a valid way to enforce such a significant policy change. They are also concerned about the potential repercussions of demanding overtime pay for the additional hours they are now required to work.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act methodically and be informed of your rights.

• Review Your Employment Contract: Your appointment letter and employment agreement are the primary documents governing your relationship with your employer. Check the clauses related to working hours, compensation, and overtime policies.
• Check Company Policies: Familiarize yourself with the company’s official HR policies or Certified Standing Orders, which should detail the rules regarding work hours and overtime.
• Document Everything: Keep a record of the notification announcing the change, your daily work hours (login/logout times), and any communication with management or HR regarding this issue.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legality of work hours in India is primarily governed by specific labour statutes, not general criminal codes. The key laws are:

• The Factories Act, 1948: For employees working in establishments defined as ‘factories’. It generally restricts daily work hours to 9 and weekly hours to 48. Any work beyond this limit must be compensated as overtime at double the ordinary rate of wages.
• Shops and Establishments Act: Each state has its own Shops and Establishments Act that governs the working conditions of employees in offices, IT companies, and other commercial establishments not covered under the Factories Act. For instance, the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, also stipulates that daily working hours shall not exceed 9 hours, and weekly hours shall not exceed 48. Work beyond these hours is classified as overtime.
• While some states grant exemptions to IT/ITES companies from certain provisions, these exemptions are often conditional and do not typically permit employers to demand extra work without overtime compensation.

If you are the complainant

As the employee who is raising the issue (the complainant), you should take the following steps:

• Gather Evidence: Collect all relevant documents, including your appointment letter, the company policy on working hours, the recent notification, and records of your actual hours worked.
• Formal Communication: Draft a formal email or a letter sent via registered post to your HR department and management. In the letter, politely state the facts, refer to your employment contract and the new policy, and request clarification on overtime compensation as per the law.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• File a Complaint: If the company fails to provide a satisfactory response or refuses to pay overtime, you can file a formal complaint with the Labour Commissioner’s office in your jurisdiction. A lawyer can assist you in drafting and filing this complaint.

If you are the victim

As an employee affected by this policy, here is how you can protect your interests:

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Maintain Records: Keep a personal log of your start and end times every day. If possible, save screenshots of your system login/logout times or any other digital proof.
• Collective Approach: Discuss the issue with your colleagues. A collective representation to the management or a joint complaint to the labour authorities often carries more weight.
• Legal Notice: Through your lawyer, you can send a formal legal notice to the company, demanding payment for overtime hours worked. This is often an effective step before initiating formal legal proceedings.

How the police behave in such cases

This is a labour dispute, which falls under civil law, not criminal law. Therefore, the police have no direct role or jurisdiction in matters concerning working hours or overtime pay. If you approach a police station, they will, in all likelihood, advise you that it is not a police matter and direct you to approach the office of the Labour Commissioner or the Labour Court. The police would only get involved if the dispute escalates to a criminal offense, such as assault, criminal intimidation, or wrongful confinement, which is rare in such cases.

FAQs people normally have

• Can my employer force me to work more than 48 hours a week?
  

  Generally, no. The law mandates a maximum of 48 hours per week. Any work beyond this must be with your consent and compensated at overtime rates as prescribed by law (usually double the normal rate).

  
  
• Is a notice on an internal company portal legally valid?
  

  Yes, communication through an official internal portal is generally considered a valid form of official notification to employees. The mode of communication is less important than the content and its legality.

  
  
• What if my contract mentions “flexible hours” or requires me to work extra hours when needed?
  

  Vague clauses about “flexible hours” do not give the employer a blanket right to disregard statutory limits on working hours. Such clauses cannot override the law. Any work beyond the statutory 9 hours a day or 48 hours a week must be treated as overtime.

  
  
• Can I be fired for demanding overtime pay?
  

  No. Demanding your legal rights, such as overtime pay, is not a valid ground for termination. If an employer fires you for this reason, it could be considered retaliatory termination or an unfair labour practice, for which you can seek legal remedy.

  
  

What evidence is required?

To build a strong case, you should gather the following evidence:

• Your appointment letter or employment contract.
• The official notification (screenshot or copy) announcing the new 10-hour workday policy.
• Salary slips showing your pay before and after the policy change.
• Proof of hours worked, such as timesheets, biometric attendance records, system login/logout data, or emails sent at the start and end of your workday.
• Copies of any written communication (emails, letters) between you and the HR/management regarding this issue.

How long will the investigation take?

The timeline can vary significantly:

• Internal Resolution: If the matter is resolved internally with HR after your formal communication, it could take a few weeks.
• Labour Commissioner: Proceedings before the Labour Commissioner for conciliation can take anywhere from 2 to 6 months.
• Labour Court: If the case proceeds to the Labour Court for adjudication, it can be a lengthy process, potentially taking a year or more to reach a final decision, depending on the court’s workload and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India