Legal Roadblocks May Settle 70-Hour Work Week Debate; Here's How Smarter Solutions With AI Can Help With Work-Life Balance

The debate over the 70-hour work week continues to polarise opinions, especially in the wake of Ola CEO Bhavish Aggarwal’s recent endorsement of Infosys founder Narayana Murthy’s advice for young Indians to adopt such a rigorous schedule.

There have been differing opinions among industry leaders and the core workforce about such suggestions. However, the 70-hour work week debate has not only driven focus on the potential health impacts but also on the legal ramifications of such an approach in India.

The Legal Factors

Legal experts have pointed out that advocating for a 70-hour work week may run afoul of existing Indian labour laws. Bishen Jeswant, Partner at Cyril Amarchand Mangaldas, highlighted the constraints posed by state-specific employment laws. “Indian employment laws that regulate working hours are state-specific and these restrictions are primarily set out under the local shops and establishments laws, which prevent employers from requiring employees to work beyond the prescribed limits – which is usually 8-9 hours a day and 48 hours a week,” he told News18.

Jeswant added that while some overtime is permitted, it is heavily regulated. “These applicable laws permit working of some overtime hours, but there are clear limits on the number of such hours (e.g. a maximum of 125 overtime hours over 3 months in some states), so having internal policies requiring employees to work 70 hours a week would fall foul of India’s current labour law regime. These restrictions are also aligned with the International Labour Organisation’s conventions on working hours.”

He further explained that even in the future, the likelihood of laws permitting such long work hours seems unlikely considering the general focus on mental health and work-life balance. “There are some proposals for longer workdays up to 12 hours, but even this is with the intent of ensuring that employees have more flexibility and can work up to 48 hours in 4 days if they prefer, thereby giving them more weekly off days,” he added.

Meanwhile, Anushkaa Arora, Principal & Founder of ABA Law Office, echoed similar concerns. “The labour laws in India ensure that the rights and wellness of the workers always remain intact vis-a-vis economic growth of the nation. Working hours in India are governed by The Shop and Establishment Act, which limits daily working hours to 9 hours per day and 48 hours in total per week. Compelling employees to work for 70 hours per week will be in violation of labour laws in India.”

She also referenced the International Labour Organization’s stance, noting: “Working for very long hours may have long-term effects such as increased incidence of disease, chronic infection, and mental illness.”

Here it should be noted that the Shop and Establishment Act is a state law in India, and each state has its own version of the Act with slight variations. Generally, the Shop and Establishment Act applies to employees working in shops and commercial establishments. It is understood that private companies can be considered commercial establishments, so employees of private companies might be covered under the Act.

Alternatives to Consider

In light of these legal restrictions and the potential health implications, it is essential to explore alternatives that can boost productivity without overburdening employees.

1. Focus on Efficiency: Streamlining workflows and improving processes can help employees accomplish more in less time.

2. Hire Additional Staff: If the workload is too much for the current team, bringing in more people can reduce the pressure.

3. Offer Flexible Work Arrangements: Flexible work schedules can help employees manage their work-life balance more effectively.

4. Utilise AI and Automation:

• Automating Tasks and Workflows: AI can automate repetitive tasks, freeing up employee time for more strategic work, and potentially reducing the need for a 70-hour week.
• Optimising Processes: AI can analyse data to identify inefficiencies and suggest improvements, helping employees achieve more in less time.
• Prioritisation and Scheduling: AI can assist in prioritizing tasks and scheduling them efficiently, ensuring focus on the most impactful work first.

By considering these alternatives, companies can foster a productive environment without resorting to extreme work hours, thereby, respecting legal guidelines and safeguarding employee well-being.