This debate has continued to rage on for years, and now, as although adding fuel to the fire, L&T SN Subrahmanyan has said that he regrets that he cannot make people work on Sundays, and he also added to that and said that like Chinese workers, to attain growth, Indians should also work for 90 hours in a week. Which would amount to 15 hours in a day.
The 70-hour debate, a ‘theory’ which expects Indians to work 70 hours a week was primarily chartered by Infosys co-founder and business tycoon Narayan Murthy.
90 Hour Debate
This debate has continued to rage on for years, and now, as although adding fuel to the fire, L&T SN Subrahmanyan has said that he regrets that he cannot make people work on Sundays, and he also added to that and said that like Chinese workers To achieve growth, Indians should also work for 90 hours a week. Which would amount to 15 hours in a day.
As the debate divides professional paradigms once again, we take a look at the legality of these aspirations to overwork workers.
International Labor Organization 48-Hour Convention
Primarily, India has been a member of the International Labor Organization or ILO since its incorporation on 28 June 1919.
When it comes to labor laws and hours of working specifically, C001 – Hours of Work (Industry) Convention, 1919 (No. 1) states Having decided upon the adoption of certain proposals concerning the “application of the principle of the 8- -hours day or of the 48-hours week”, which is the first item in the agenda for the Washington meeting of the Conference, and
It further states, that the working hours of persons employed in any public or private industrial undertaking or any branch herein, other than an undertaking in which only members of the same family are employed, shall not exceed eight in the day and forty-eight in the week.
It also states, “where persons are employed in shifts it shall be permitted to employ persons over eight hours in any one day and forty-eight hours in any one week if the average number of hours over three weeks or “less does not exceed eight per day and forty-eight per week.”
The deal also states exceptions to the conventions.
It states that the Convention shall not apply to individuals holding positions of supervision or management, nor to persons employed in a confidential capacity.
India like 187 other nations, is a signatory to the convention. The convention came into force on 14 July 1921.
What are the laws in India?
Article 6 of the convention further states that regulations made by a public authority shall determine the industrial undertaking. In this further state. Article 7 states that Every Government shall communicate with the International Labor Office.
Taking a cue from that, when we look specifically at India, and Indian laws governing labor laws.
As per the Statutory employment protection rights, the permissible working hours range from 8 to 12 hours including compulsory rest time.
In addition to that, Most S&E laws also prescribe overtime limits and payment of double the ordinary rate of wages for overtime worked.
The S&E Laws also prescribe compulsory sick leave, casual leave, and earned/privilege leave, in addition to national/local holidays totaling approximately 25 to 30 days of leave a year.
As per the Factories Act, of 1948 and the Shops and Establishment Acts (SEA), employers are not expected to make their employees work for more than not more than 9 hours per day or 48 hours per week.
With some exceptions, that may take the total working hours to close to 54 hours in some cases, most regions have 48 hours as the median time of work.
India works more than China
However, what is ultimately implemented at companies and how they are regulated, is not accurately tabulated in India. There is no known or publicized mechanism to measure the average working hours in India.
However, an to International Labor Organization (ILO) data at the said average of 48 hours a week, Indians are deemed to be the 6th most hardworking nation in the world.
Bangladesh tops this list with about 49 hours a week, India, with about 47.7 hours, is ahead or at least works for more hours than China, with 46.1 hours, a country that all of these opinion leaders have cited. India works more than Vietnam with 41.5 hours Additionally, Japan, according to this ILO works for more than 36.6 hours, with the United States at 36.4 hours.