Overtime and Break Laws in West Bengal (2026)
West Bengal Shops and Establishments Act, 1963 · Reviewed 2026-10 · Private-sector employees
Overtime
2x the ordinary rate for work over 8.5 hours a day or 48 hours a week (ss.6, 7, 13). Max 10 hours a day including overtime and 120 overtime hours a year.
Breaks and lunch
A rest interval of 1 hour once work exceeds 5.5 hours in a day (ss.6(3), 7(3)). Spread-over max 10.5 hours (ss.6(4), 7(4)).
Overtime in West Bengal
- 2x pay for hours past 8.5 in a day.
- 2x pay for hours past 48 in a week.
- Shops may use overtime only on stock-taking or accounts days (s.6(2)); establishments including restaurants may use it generally (s.7(2)).
- Statutory caps: 10 hours a day including overtime and 120 overtime hours a year. Work on a notified national holiday counts as overtime (s.13).
- A May 2026 notification (No. I/775073) reportedly lets registered establishments work up to 12 hours a day including overtime, with up to 144 overtime hours a quarter (secondary sources).
- Weekly holiday of 1.5 days, paid (s.5).
Averaging over a pay period: Not allowed
What two weeks of work come to
Worked out by the rule above (2x after 48h in a week, 2x after 8.5h in a day). Hours.
| Two weeks of | Regular | Overtime (2x) |
|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 80 | 0 |
| 5 days of 10 hours, two weeks (100h) | 85 | 15 |
| 6 days of 9 hours, two weeks (108h) | 96 | 12 |
| 50 hours, then 30 hours (80h) | 72.5 | 7.5 |
Breaks and lunch in West Bengal
- Meal break: 1 × 60 minutes, unpaid, for shifts of 5.5 hours or more.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | None | None |
| 6 hours | None | 1 × 60 min, unpaid |
| 8 hours | None | 1 × 60 min, unpaid |
| 10 hours | None | 1 × 60 min, unpaid |
| 12 hours | None | 1 × 60 min, unpaid |
- The Act does not say whether the interval is paid.
- How the 2026 notification's 12-hour total fits with the 10.5-hour spread-over is unclear.
Pay by West Bengal rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick West Bengal: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
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Frequently asked questions
What is the overtime rule in West Bengal?
2x the ordinary rate for work over 8.5 hours a day or 48 hours a week (ss.6, 7, 13). Max 10 hours a day including overtime and 120 overtime hours a year.
Can overtime be averaged over two weeks or a pay period in West Bengal?
Not allowed
What breaks are required in West Bengal?
A rest interval of 1 hour once work exceeds 5.5 hours in a day (ss.6(3), 7(3)). Spread-over max 10.5 hours (ss.6(4), 7(4)).