IndiaMy employer demands I work overtime without extra pay. Is this legal?
No, it is generally illegal for employers in India to demand overtime without extra pay — the law requires overtime wages at double the ordinary rate for hours beyond 9 per day or 48 per week.
What the Law Says
Indian labour law strictly regulates working hours and mandates additional pay for overtime. The key statutes are the Factories Act, 1948 (for factories) and state-specific Shops and Commercial Establishments Acts (for shops, offices, and service sectors).
Under the Factories Act, 1948, no adult worker may be required or allowed to work more than 9 hours in any day or 48 hours in any week. If they do, the employer must pay overtime wages at twice the ordinary rate of wages for every hour worked beyond those limits.
The law also mandates a weekly holiday with wages, a 30-minute to 1-hour rest interval after 5 hours of work, and prohibits spread-over beyond 10.5 hours in a day.
For non-factory establishments (e.g., IT companies, retail stores, banks), applicable state laws — such as the Karnataka Shops and Commercial Establishments Act, 1961 or the Maharashtra Shops and Establishments Act, 1948 — set similar caps (usually 8–9 hours/day, 40–48 hours/week) and require overtime pay at not less than twice the normal wage rate.
Statutory TextIf 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 the ordinary rate of wages.
— Factories Act, 1948, s. 59 — Overtime wages
Statutory TextNo adult worker shall be required or allowed to work in a factory for more than nine hours in any day and for more than forty-eight hours in any week.
— Factories Act, 1948, s. 54 — Daily and weekly hours of work
What Courts Have Said
Indian courts have consistently upheld workers’ right to overtime pay as a statutory entitlement — not a discretionary benefit.
The Court held that overtime wages under Section 59 of the Factories Act are mandatory and cannot be waived by agreement between employer and employee.
The Court ruled that failure to pay overtime violates fundamental rights under Article 23 (prohibition of forced labour) when work is demanded without lawful compensation.
What to Do
Check whether your workplace is covered under the Factories Act, 1948 or your state’s Shops & Establishments Act.
Document your actual working hours (e.g., swipe records, emails, messages) showing overtime beyond legal limits.
Raise a written grievance with your employer citing Section 59 of the Factories Act or equivalent state provision.
If unresolved, file a complaint with the local Labour Inspector or file a claim before the Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947.
You may also approach the District Labour Officer — complaints are confidential and protected from victimisation.
Sources
Same Question, Other Jurisdictions
Germany
Canada
Australia
Singapore
European Union
UK
US Federal
US-California
US-New York
South Korea
JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.