New Labor Code: Do you also work more than 8-10 hours? There have been major changes in the rules of overtime, read in detail

• Some changes compared to old laws
• No more than 8 hours of work
• A 30-minute break is mandatory

New Labor Code: It is very important for employees to understand that their salary is not the only thing that matters; It is equally important to be aware of your rights. In India, a coherent system has been established by merging the existing labor laws with the new Labor Codes. Under these new labor codes, the rules have been simplified and standardized, particularly under the ‘Occupational Safety, Health and Working Conditions Code, 2020’. Some changes have been made in this as compared to the old laws like ‘Factories Act, 1948’. However, the basic purpose remains the same: to ensure the health, well-being and fair remuneration of workers, but it is equally important to know exactly what changes have been made. So let’s understand in detail.

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No more than 8 hours of work

According to the new labor code, no employee can be forced to do ‘standard work’ for more than 8 hours a day. Total weekly hours of work should not exceed 48 hours. This limit applies to most factories, establishments and other workplaces. Under the old ‘Factory Acts’, working hours were limited to 9 hours per day; But the new code fixed the standard hours of work at 8 hours per day. This ensures better rest for the workers.

A 30-minute break is mandatory

Spreadover is the total period including working hours, rest and rest periods which can be up to 12 hours per day. This means, if you work 4 days, you can work up to 12 hours per day for a weekly total of 48 hours and you will get weekly paid holidays for the remaining 3 days. This arrangement is implemented with the consent of the employee.
It is also mandatory to have rest periods during work. After working continuously for 5 to 6 hours, a break of at least 30 minutes is required. Specific safety provisions are also applicable for women working in night shift.
These rules apply to all employees. But employees holding managerial or administrative positions may be eligible for certain exemptions.

Rules of Overtime

When you work more than 8 hours per day or more than 48 hours per week, it is considered Overtime. It is mandatory to have the consent of the employee to perform additional work; An employee cannot be forced to do additional work without such consent.
Remuneration: It is mandatory to pay twice the regular rate of wages for additional working hours. This means, if your regular rate of pay is ₹100 per hour, you will get ₹200 per hour for extra work. This provision has been strengthened under the applicable regulations.
Some states or older regulations may have set some upper limit on the total hours of overtime allowed in a quarter, but the new codes provide more flexibility in this regard. In short, overtime pay is mandatory for any work done in excess of 48 hours per week.
Employers must keep accurate records of overtime hours, wages and employee attendance. Moreover, every employee is entitled to a wage slip, which clearly mentions the details of their overtime work.

To which employees do these rules apply?

Most of the employees come under these rules. If your position is Supervisor, but your salary exceeds the prescribed limits or your work is primarily managerial in nature, your right to overtime pay may be limited. The new Code aims to ensure ‘universal coverage’ which means that the majority of employees should get wage protection.

Why is this rule necessary?

These regulations protect the health of workers. Extra work leads to fatigue, increases the risk of accidents and also disrupts the work-life balance. The standard limit of work is 48 hours per week and 8 hours per day. Work beyond this limit requires both the worker’s consent and double wages. If the employer violates these rules, a complaint can be filed with the Labor Commissioner, Labor Inspector or the Wage Court. It is advisable to retain supporting evidence like attendance record and pay slip. The new Labor Code consolidates existing laws, thereby simplifying the regulatory framework. But as full implementation progresses, some state-level regulations are still in the process of being formulated. In India, the maximum standard hours of work are 8 hours per day and 48 hours per week. There is a ‘spread-over’ period of up to 12 hours, provided the weekly work limit is not exceeded. Any additional work requires both the worker’s consent and payment at double the standard rate.

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