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 ofRegularOvertime (2x)
5 days of 8 hours, two weeks (80h)800
5 days of 10 hours, two weeks (100h)8515
6 days of 9 hours, two weeks (108h)9612
50 hours, then 30 hours (80h)72.57.5

Breaks and lunch in West Bengal

  • Meal break: 1 × 60 minutes, unpaid, for shifts of 5.5 hours or more.
ShiftRest breaksMeal break
4 hoursNoneNone
6 hoursNone1 × 60 min, unpaid
8 hoursNone1 × 60 min, unpaid
10 hoursNone1 × 60 min, unpaid
12 hoursNone1 × 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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General information, not legal advice. Collective agreements, awards and contracts can give more than the law, and laws change. Check the official sources below before acting. Some figures on this page come from secondary sources; treat them as a starting point.

Official sources

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)).

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