The Maharashtra government is reviewing a proposal that could significantly alter the working conditions in the state’s private sector. Reports indicate that the Devendra Fadnavis-led administration is considering amending the Maharashtra Shops and Establishments (Regulation of Employment and Service Conditions) Act, 2017 to extend the maximum daily working hours for private employees from the current nine hours to ten hours.

This potential amendment is expected to impact employees working in shops, restaurants, hotels, malls, cinema halls, amusement parks, and entertainment establishments across the state.

Proposal Placed Before the Cabinet

On Tuesday, during a cabinet meeting, the state’s labour department presented the proposal to increase working hours. While the issue was debated extensively, sources said the cabinet sought further clarity before making any decision. The labour department is reportedly considering five major changes in the 2017 law, with the proposed increase in working hours being the most significant.

If implemented, this move could reshape the employment regulations governing thousands of establishments across Maharashtra.

Clause 12: Proposed Amendment on Maximum Hours

According to the proposed changes under Clause 12 of the Act, no adult employee shall be required to work more than ten hours in a single day in any establishment.

Additionally, the amendment suggests that employees can work up to six hours continuously, provided they receive a mandatory half-hour break. At present, employees can work for a maximum of five hours at a stretch before being entitled to a break.

This change is being positioned as a way to modernize working practices, aligning with the increasing demands of industries that require flexibility.

Proposed Changes in Overtime Regulations

Alongside the extension of daily working hours, the labour department has proposed an increase in overtime limits. Currently, private sector employees are permitted a maximum of 125 hours of overtime in three months. The amendment proposes to raise this cap to 144 hours in three months.

Moreover, while the existing law allows a total of 10.5 working hours per day including overtime, the new proposal increases this cap to 12 hours. In cases of urgent work requirements, the proposal even suggests removing the maximum cap of 12 hours altogether, allowing for indefinite work hours if deemed necessary.

This provision has already sparked debate, with critics arguing it could lead to exploitation, while supporters claim it provides flexibility for businesses to manage peak demands.

Applicability of the Amended Law

The labour department clarified that these provisions would now apply to establishments employing 20 or more workers, compared to the current threshold of 10 or more employees.

This effectively means that large shops, malls, restaurants, cinema halls, amusement parks, and other entertainment hubs employing over 20 staff members would be covered by the revised Act. Smaller establishments with fewer than 20 workers would remain outside its scope.

A senior cabinet minister, speaking anonymously, said that ministers wanted greater clarity on the proposed amendments and their implications for both employees and employers. As a result, no immediate decision was taken, and the matter remains under discussion.

Implications for Employees and Employers

If the proposed amendments are implemented, employees in Maharashtra’s private sector may soon have to work ten hours daily instead of nine. While the inclusion of a six-hour stretch with a mandatory break aims to protect workers’ rights, concerns remain over the extended overtime provisions.

Employers, on the other hand, could benefit from increased labour availability during peak hours. This may help industries like retail, hospitality, and entertainment cope with fluctuating demand. However, labour unions are expected to oppose the move, citing risks of employee burnout and exploitation.

Balancing Productivity and Worker Welfare

Labour experts suggest that while extending work hours might increase productivity temporarily, it could affect employee health and well-being in the long run. Extended working hours have been associated with fatigue, reduced efficiency, and a decline in work-life balance.

The proposed overtime changes also raise questions about fair compensation. Although overtime pay is mandated by law, extending limits without strict monitoring may pressure employees into working longer than necessary.

Government’s Next Steps

For now, the Maharashtra government has deferred a final decision, as ministers requested more details about the impact of the amendments. The labour department is expected to provide additional reports before the cabinet reviews the proposal again.

The government faces the challenge of striking a balance between business needs and employee welfare. If passed, the amendments could redefine working conditions in one of India’s most industrially advanced states.

The proposal to increase daily working hours from nine to ten under the Maharashtra Shops and Establishments Act, 2017 has opened a new debate in the state. While it promises flexibility for businesses, the concerns over employee rights, work-life balance, and overtime exploitation remain central.

As the government considers the changes, the decision will likely have wide-ranging implications for Maharashtra’s workforce and industries. Employees, employers, and labour unions will all be watching closely as the cabinet prepares to revisit the issue in the coming weeks.