The Maharashtra government is reportedly considering increasing the working hours for private sector employees, potentially extending the maximum daily limit from the current nine to ten hours. This proposal is part of a series of amendments to the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, which governs working conditions in various establishments like shops, hotels, and entertainment venues across the state.

Key Proposed Changes:

• Increased Daily Working Hours: The most significant change involves increasing the maximum working hours to 10 hours a day. The proposed amendment in section 12 of the Act states that no adult worker will be required or allowed to work more than 10 hours a day.
• Mandatory Breaks: The labor department has proposed that an adult employee can work for over six hours only if they get a half-hour break. Currently, the maximum continuous work period is five hours.
• Overtime Adjustments: The proposal includes increasing the permissible overtime from 125 to 144 hours within a three-month period. The current maximum working hours, including overtime, are capped at 10.5 hours, but the new proposal seeks to extend this limit to 12 hours.
• Removal of Overtime Cap in Urgent Cases: In situations requiring urgent work, the proposal suggests removing the 12-hour cap on daily working hours, potentially setting no maximum limit.
• Applicability: The changes would apply to establishments with 20 or more employees, unlike the current legislation, which applies to those with 10 or more employees.

Rationale and Considerations:

The state labor department presented the proposal to the state cabinet, and while discussions have taken place, the cabinet is seeking further clarity on the suggested changes. Labour Minister Akash Fundkar stated that the proposed changes aim to bring flexibility to workplaces and align state labor laws with international practices. Officials have also suggested that the changes would provide a more comfortable working environment, particularly for women and address concerns of both employees and employers. One of the reasons to increase the working hours is to allow women to work late hours once labor codes are finalized.

Impact and Concerns:

If implemented, these changes could significantly impact the work-life balance of employees in Maharashtra's private sector. While the government aims to provide flexibility and address industry needs, concerns remain about potential employee burnout and the need for fair compensation for increased working hours. The ministers are seeking more clarity on the provisions and their potential impact.