Working Beyond Office Hours? Here Are Your Rights Under India’s New Labour Codes

Across Indian workplaces, being asked to work beyond office hours is a common occurrence. The issues arise when this turns exploitative of employees in tight deadlines and high-pressure environments.

However, what is considered a work norm is actually taken care of under India’s new labour law framework. The employees are not left without safeguards and protection. The recently introduced labour codes lay down specific rules that cover the working hours, overtime and employee rights clauses under the Occupational Safety, Health and Working Conditions Code.

At the core of these laws is the intent to standardise how a workday should be, limited to 8 hours, with a weekly capping of 48 hours. Any work that goes beyond this limit is free to be considered as overtime and must be compensated by the employer.

More importantly, the overtime wages are designed to be at least twice the regular pay, which ensures that the employees are paid fair and square. However, in India, not all employees are treated equally, nor are they aware of these laws.

One distinction between workers and those in supervisory roles is highlighted. Employees who are termed as workers are those without any managerial authority, have the clear right to overtime pay and legal protections under the labour codes. Whereas managerial staff are not included in the overtime provisions, that means their overtime work will go without any additional compensation.

Another protection under the law is consent; the law highlights that no employee can be forced into working overtime without their agreement. This means that the employees have the right to refuse to work overtime. If an employer insists on additional work without proper compensation, it will be considered a violation of labour laws and the employee can seek legal aid on this matter.

For times when an employee feels that their rights have been violated, employees have a formal place for filing grievances. For instance, organisations are bound to formulate a committee that deals with employee issues, they are known as the Grievance Redressal Committee (GRC). Other than that, workers can approach the labour authorities if the employer fails to solve their issues.

The new labour law codes provide a structured framework that regulates the working hours while ensuring fair compensation is provided. Their effectiveness depends on awareness and enforcement, and how aware the employee is of their rights.