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

A concerned son has reached out regarding his 55-year-old father, Mr. Alok Verma, who is employed in a senior position at a manufacturing company, “Apex Machineries Pvt. Ltd.,” in the city of Jayanagar. Despite his employment contract stipulating an 8-9 hour workday, Mr. Verma consistently works for 13 hours daily. This grueling schedule has led to severe physical and mental exhaustion, causing him to collapse from fatigue regularly. The family is deeply worried about his health and well-being.

Mr. Verma is hesitant to leave his job due to a sense of loyalty to the company that has supported his family for many years. Furthermore, he fears that finding a comparable position would require him to relocate, a prospect his family is unwilling to consider. The son is seeking advice on how to address this situation of overwork and protect his father’s rights and health without him having to resign from his position.

Advice in such cases

Navigating a situation involving employee exploitation and overwork requires a strategic and informed approach. Here are the initial steps to consider:

• 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.
• Document Everything: Maintain a detailed log of the actual hours worked each day. This can include noting down entry and exit times, saving emails or messages sent or received outside of official hours, and any other communication that proves the extended work schedule.
• Obtain Medical Records: It is crucial to have Mr. Verma undergo a thorough medical examination. A doctor’s report linking his symptoms of exhaustion, stress, and other health issues directly to overwork can serve as powerful evidence.
• Review the Employment Contract: Carefully examine the appointment letter and employment contract for clauses related to working hours, overtime policies, and job responsibilities. This document is the foundation of the employment relationship.
• Encourage Open Dialogue: While legal steps are an option, sometimes a structured, formal dialogue with the company’s Human Resources (HR) department can yield results. This should be done carefully, preferably after legal consultation.

Applicable Sections of Law

Indian labour laws provide specific protections for employees against overwork. The primary legislation applicable to a manufacturing plant is the Factories Act, 1948.

• The Factories Act, 1948: This Act is designed to protect workers in factories. Key provisions include:
  • Section 51 (Weekly hours): No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
  • Section 54 (Daily hours): No adult worker shall be required or allowed to work in a factory for more than nine hours in any day.
  • Section 55 (Intervals for rest): The periods of work of an adult worker in a factory each day shall be so fixed that no period shall exceed five hours before he has had an interval for rest of at least half an hour.
  • Section 59 (Extra wages for overtime): Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
• Constitutional Protection: Article 21 of the Constitution of India guarantees the Right to Life and Personal Liberty, which has been interpreted by the Supreme Court to include the right to live with dignity and the right to a healthy environment. Forcing an employee to work excessive hours that detrimentally affect their health can be seen as a violation of this fundamental right.

If you are the complainant

As the son or a concerned family member, your role is to provide support and facilitate the process.

• 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.
• Gather Evidence: Assist your father in collecting and organizing all necessary evidence, such as work logs, communication records, and medical reports.
• Be a Support System: The process can be stressful. Provide emotional and moral support to your father, reassuring him that he is not alone and that he has a right to safe working conditions.
• Act as a Mediator: You can help facilitate communication between your father and his lawyer, ensuring all information is conveyed accurately.

If you are the victim

If you are the employee being subjected to overwork, you have several avenues for recourse.

• 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.
• Formal Complaint to the Company: Under legal guidance, you can draft a formal letter to the HR department or senior management, outlining the issue, referencing your contract, and citing the health impact. This creates a formal record of your grievance.
• Approach the Inspector of Factories: The Factories Act empowers an Inspector of Factories for each region. You can file a formal complaint with this authority. The Inspector has the power to investigate the company, inspect records, and ensure compliance with the law. This is a very effective statutory remedy.
• Claim Overtime Wages: You are legally entitled to be paid at double the ordinary rate for any hours worked beyond the statutory limit of 9 hours a day or 48 hours a week. A legal notice can be sent to the company to claim these dues.

How the police behave in such cases

Typically, the police do not intervene in matters of labour disputes like overwork, as it is considered a civil or administrative issue rather than a criminal one. The primary authorities to approach are the company’s HR, the Labour Commissioner, or the Inspector of Factories. Police involvement would only occur if the situation escalates to include criminal acts such as wrongful confinement, assault, or criminal intimidation by the employer. If the overwork leads to a serious accident or death due to gross negligence from the employer, then provisions of the Bharatiya Nyaya Sanhita (BNS) could be invoked, and the police would investigate.

FAQs people normally have

Can my father be fired for complaining about long work hours?
It is illegal for an employer to terminate an employee for raising a legitimate grievance or demanding their statutory rights. Such an action would be considered retaliatory and can be challenged in a labour court as an unfair labour practice.

What if the company claims the extra work is voluntary or due to his senior position?
Even for managerial staff, the protections under the Factories Act regarding health and safety apply. The law does not permit work that endangers an employee’s life or health. If the work culture or demands from superiors create an environment where long hours are expected, it cannot be considered “voluntary.” Evidence can be used to demonstrate that the workload makes these hours non-negotiable.

Is he entitled to overtime pay even as a department head?
The definition of “worker” under the Factories Act can be complex for managerial staff. However, if his duties are primarily supervisory within the factory premises, he is likely covered. An advocate can assess his specific role and contract to determine his eligibility for overtime wages under Section 59 of the Act.

What evidence is required?

Strong evidence is key to a successful claim. You should collect:

• The employment contract or appointment letter.
• Salary slips to prove employment and check for overtime payments.
• A personal diary or log of daily work hours.
• Digital evidence like time-stamped emails, messages, or login/logout data.
• Company gate-pass or biometric attendance records.
• Medical reports and prescriptions detailing health issues caused by exhaustion.
• Witness statements from colleagues, if they are willing to provide them.

How long will the investigation take?

The timeline varies depending on the path taken. An internal complaint to HR might be resolved within a few weeks. A complaint to the Inspector of Factories may take a few months for a thorough investigation and a directive to be issued. If the matter proceeds to a labour court for disputes over wages or unfair practices, it could take a longer period, but interim relief is often possible.

Advocate Sudhir Rao, Supreme Court of India