Uttar Pradesh Amends Factories Act to Allow Flexible Working Hours and Extended Overtime

The Factories (Uttar Pradesh Amendment) Act, 2024, an amendment to the Factories Act, 1948, received the assent of the President on September 23, 2025, and was subsequently published in the Official Gazette on October 3, 2025. This legislative instrument came into force upon its publication, introducing significant changes to the regulation of working conditions in factories across Uttar Pradesh. The amendment was enacted with the stated purpose of achieving the State's economy of one trillion dollars, promoting industrial investment and industries, giving impetus to industrial development, and creating more economic activities and employment opportunities within the State.

Among its key provisions, the Act amends Section 54 of the principal Act, allowing the State Government to extend the daily maximum hours of work. While the existing Section 54 was re-numbered as sub-section (1), a new sub-section (2) was inserted, empowering the State Government to increase daily working hours up to twelve, inclusive of intervals for rest, provided the total weekly hours do not exceed forty-eight as specified in Section 51. This extension is applicable to specific groups, classes, or descriptions of factories under conditions deemed expedient by the government, crucially requiring the written consent of the worker for such work. Furthermore, the remaining days of the week for workers under such arrangements are mandated to be paid holidays. Complementing this, Section 55 was amended to allow the State Government to extend the total number of hours a worker can work without an interval to six hours, facilitating the flexibility introduced in daily working hours. Similarly, Section 56 was modified to permit the State Government to increase the "spread-over" (the total period of time a worker is on duty, including intervals for rest) up to twelve hours, aligning with the new flexible working hour provisions.

The amendment also revised the conditions for overtime wages and the maximum permissible overtime hours. Section 59 of the principal Act was substituted to specify that a worker is entitled to wages at twice their ordinary rate for overtime work under revised thresholds. This includes working for more than nine hours in any day or forty-eight hours in any week for a six-day work week; more than ten hours in any day or forty-eight hours in any week for a five-day work week; or more than eleven and a half hours in any day for a four-day work week, or working on paid holidays. Additionally, Section 65 was amended to increase the maximum overtime hours a worker can be engaged in a quarter from seventy-five hours to one hundred and forty-four hours. A new clause was inserted into Section 65(3), explicitly stating that a worker shall be required to work overtime only subject to their written consent for such work.

The legislative intent behind these amendments is to foster industrial growth and economic expansion by providing greater operational flexibility to factories, while simultaneously aiming to safeguard worker welfare through specific conditions. The original Factories Act, 1948, was established to regulate working conditions, safety, security, and welfare of factory employees. The current amendment addresses perceived limitations in the earlier statutory framework by introducing provisions that allow for extended working hours and increased overtime capacity, which are deemed necessary to meet the State's ambitious economic targets. The legislation provided: “The State Government may by notification in the official Gazette, extend the daily maximum hours of work specified in this Section up to twelve hours inclusive of interval for rest in any day subject to a maximum of forty eight hours in any week as specified in Section 51, in respect of any group or class or description of factories on such conditions as it may deem expedient, subject to the written consent of such worker for such work, and the remaining days of the said week for the worker shall be paid holidays.” This core principle underscores the balance sought between industrial flexibility and worker protection, particularly through the mandatory requirement of written consent for extended hours and overtime. Furthermore, the Act specifically enables the employment of women workers on overtime and in night shifts, subject to their written consent and conditions designed to secure their safety and health, thereby promoting equality and equal opportunity for women to work and earn.

Keywords: Factories Act, Uttar Pradesh, labour law, working hours, overtime, industrial development, worker welfare, employment, industrial investment, women workers

Geo Tags: India, Uttar Pradesh District: Not Applicable