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‘Work-Wife Balance’: Is 90-Hour Work Week Legal In India?

The push for a 90-hour work week is in conflict with Indian labor laws and global productivity trends. While hard work is essential, overworking causes burnout, low productivity and decreased efficiency.
Corporate employees are often seen working extra hours

The concept of 90-hour work week is back in the news, igniting heated debates about the future of work-life balance in India. It all started when prominent industry figures like L&T Chairman SN Subrahmanyan, and prior to that- Infosys co-founder Narayana Murthy suggested longer working hours to boost India’s economic growth. 

Subrahmanyan’s controversial remarks, advocating for the elimination of Sundays in favor of 90-hour weeks, sparked outrage in corporate and on social media, prompting a backlash on aspects of employees’ well-being and mental health. In contrast, TCS CEO K Krithivasan has advocated for a more nuanced approach to work-life balance. 

In his response to the controversy, Krithivasan emphasized that work-life balance is about finding what works best for each individual. “There are weeks I work 60 hours, there are weeks I work only 40 hours,” he shared, highlighting that a healthy balance is about taking a flexible approach that aligns with one’s personal and professional needs rather than rigid hours. He cautioned against emphasizing extreme work schedules, saying, “We’re making too much of this,” referring to the heated debate over the 90-hour workweek.

This perspective highlights a critical point: while some weeks may require longer hours due to project deadlines or critical tasks, employees must have time to recharge. Krithivasan pointed out that working on Sundays should not be considered as the norm, stating that such hours are occasionally required but will not become standard practice.

The intense backlash against Subrahmanyan’s remarks was fueled not only by the unrealistic nature of a 90-hour work week, but also by concerns about mental health and employee burnout. Advocates for better work-life balance argue that such expectations would increase stress, resulting in decreased productivity, health issues, and employee dissatisfaction. The debate also raises a broader issue in India: many employees, particularly in the informal sector, already work long hours, often without the legal protections that formal employees enjoy.

Social media criticism, including memes mocking Subrahmanyan’s remarks, highlighted the disparity between the realities faced by average workers and the expectations set by corporate leaders. Critics argued that advocating for more hours in a country where workers already work more than 49 hours per week is counterproductive, especially since productivity is often determined by the quality of work rather than the number of hours spent.

Economists have challenged the idea that longer work hours will lead to increased productivity and economic growth. Rathin Roy, a former member of the Prime Minister’s Economic Advisory Council, stated that there is no clear link between increased working hours and GDP growth. He emphasized that productivity is determined by the quality of work and the efficient use of resources, rather than the amount of time spent on tasks. In fact, many experts believe that pushing employees to work beyond a certain point can reduce their effectiveness.

This perspective is supported by research from international organizations, which frequently advocate for shorter workweeks to improve employee well-being and productivity. According to European Union studies, countries with shorter workweeks, such as those with an average of 36.4 hours per week, experience higher productivity and economic growth.

As the discussion about the 90-hour workweek gains traction, it is critical to examine India’s labor laws, which govern working conditions, employee rights, and employer obligations. Indian labor law is primarily governed by four labor codes introduced in 2020, which consolidated 29 existing laws:

  1. The Code on Wages, 2019
  2. The Industrial Relations Code, 2020
  3. The Occupational Safety, Health and Working Conditions (OSH) Code, 2020
  4. The Code on Social Security, 2020

These codes establish a legal framework for wages, working hours, job security, workplace safety, and employee benefits. The following is a breakdown of the relevant legal provisions governing work hours and conditions in India.

  1. Working Hours and Overtime: Legal Limitations

The Occupational Safety, Health, and Working Conditions Code for 2020 (OSH Code)

Section 25: Limits daily working hours to eight hours per day and forty-eight hours per week for most industrial workers.

Section 26: Mandates one weekly day off for all employees, ensuring workers are not subjected to continuous labour without rest.

Section 27: Specifies that employees working beyond this limit are entitled to overtime pay, which must be at least twice the ordinary wage rate.

A 90-hour work week would clearly violate these provisions. Employers who advocate for such a model would have to pay excessive overtime, making it financially unsustainable. Furthermore, this would be considered forced labour under Article 23 of the Indian Constitution.

  1. Protection Against Exploitative Labor Practices

The Factories Act, 1948 (Still in Use for Certain Provisions)

Section 51: Limits weekly working hours to 48 hours, in line with the OSH Code.

Section 54: Prohibits work beyond 9 hours a day in factories.

Section 59: Mandates double wages for overtime work beyond prescribed limits.

While the Factories Act primarily applies to industrial work, its principles continue to have an impact on office-based sectors. The IT industry is subject to State Shops and Establishment Acts, which set work-hour limits (typically 45 to 48 hours per week, varying by state).

  1. Employee Rights Under the Code on Wages, 2019

Section 6: Ensures that wages for all employees, including those in unorganized sectors, are paid fairly and timely.

Section 14: Guarantees overtime compensation, making it mandatory for employers to pay at least twice the normal wages for extra hours.

Economists argue that longer work hours do not always result in higher productivity. Instead, enforcing fair wages and ensuring quality work hours leads to improved efficiency, as seen in European countries with shorter workweeks and higher productivity.

  1. Job Security & Work-Life Balance: Industrial Relations Code, 2020

Section 62: Requires employers to provide justified reasons for termination or retrenchment, preventing job insecurity.

Section 82: Protects the right of workers to unionize and protest against exploitative policies, including extreme work hours.

Section 86: Prevents employers from altering work conditions without prior consultation with employees and labor unions.

Corporate leaders who advocate for excessive work hours ignore the fact that employees have legal recourse to challenge exploitative policies. If a company mandates a 90-hour workweek, trade unions and courts may intervene under this law.

  1. Social Security and Employee Welfare: The Code on Social Security, 2020

Section 16: Mandates employee provident fund (EPF) contributions to ensure financial security.

Section 39: Requires employers to provide health benefits, maternity leave, and workplace safety.

Section 109: Protects gig workers and platform workers, acknowledging their rights in the evolving work environment.

A longer workweek would inevitably lead to increased stress, anxiety, and health risks for employees. Workers could use this law to demand protection from extreme work policies that endanger their health and safety.

The concept of long working hours is not new. Countries such as South Korea and China have traditionally enforced strenuous work schedules, but many of these countries are now moving toward a healthier work-life balance. 

South Korea, for example, recently reduced its maximum weekly work hours from 68 to 52, citing concerns about worker fatigue and declining productivity. Japan, once known for its extreme work culture, has implemented measures to combat ‘karoshi’ (death from overwork).

In contrast, the global trend is to reduce working hours while maintaining efficiency. Several European countries have successfully implemented four-day workweeks, demonstrating that fewer hours do not always equate to lower productivity.

The push for a 90-hour work week is in conflict with Indian labor laws and global productivity trends. While hard work is essential, overworking causes burnout, low productivity and decreased efficiency. 

Instead of working long hours, the path forward is to foster a balanced work culture that includes fair wages, reasonable hours, and employee well-being. Working smarter, not harder, is the key to achieving long-term economic growth.