Working hours, overtime and weekly rest

In short

• No worker may be required or allowed to work more than eight hours in a day OSH s. 25(1)(a).
• Under the Central Rules, no worker may work more than forty eight hours in a week rule 64(1).
• No worker may work more than six days in any one week OSH s. 26(1).
• Overtime is paid at twice the rate of wages, and a worker works overtime only with their consent OSH s. 27.
• Under the Central Rules, overtime may not exceed one hundred forty-four hours in a quarter rule 69(4), proviso.

Does this apply to you?

• The OSH Code’s limits apply to workers in establishments covered by that Code; working journalists, sales promotion employees, motor transport workers and persons working below ground in mines have special rules OSH s. 25.
• Where minimum wages are fixed, the Code on Wages also governs the normal working day, the weekly rest day and overtime pay CW s. 13(1) CW s. 14.
• It does not cover a person employed mainly in a managerial or administrative capacity, or a supervisor drawing wages above ₹18,000 a month, because neither is a worker s. 2(1)(zzl).

What the law requires

Daily and weekly hours

• Eight hours a day at most, with intervals and spread-over as notified by the appropriate Government OSH s. 25(1).
• Where the Central Government is the appropriate Government, it has notified not more than five hours of continuous work, with an interval of at least half an hour S.O. 2517(E).
• For persons employed below ground in a mine, the Central Government has notified not more than eight hours for each shift in a day S.O. 2516(E).
• For a daily-rated employee, a normal working day is eight hours; for others, the working day is fixed so that weekly hours do not exceed forty-eight Wages Rules rule 5.
• For motor transport workers, hours of work include running time, subsidiary work, and periods of mere attendance at terminals of less than fifteen minutes OSH s. 25(1), second proviso.
• For working journalists, hours may not exceed one hundred and forty-four in any four consecutive weeks, with at least twenty-four consecutive hours of rest in every seven consecutive days OSH s. 25(2).
• An adolescent worker’s hours are governed by the Child and Adolescent Labour (Prohibition and Regulation) Act OSH s. 25(4).

Weekly rest

• Allow rest for one day in every week, ordinarily Sunday in a six-day week Wages Rules rule 6(1).
• An employee may work on the rest day only if given a substituted rest day in the week before or after, and never so that they work more than ten days in a row without a rest day Wages Rules rule 6(2).
• Work on a rest day is paid at the overtime rate Wages Rules rule 6(4).
• If an exemption deprives a worker of weekly holidays, give the same number of compensatory holidays within that month or the two months after it OSH s. 26(3).
• Do not give more than two compensatory holidays in one week, except for work that must run continuously, and announce any change at least three days before the holiday rule 68(1), (3).

Overtime

• Pay overtime at twice the rate of wages, worked out on a daily or weekly basis, whichever is more favourable to the worker OSH s. 27.
• Under the Central Rules, overtime begins after eight hours in a day for a daily wager, or after forty-eight hours in a week for other workers, and is paid at the end of each wage period rule 69(1).
• Count 15 to 30 minutes of overtime as thirty minutes, and more than thirty minutes as an hour rule 69(2).
• For a worker paid by the month, the daily wage is 1/26th of the monthly wage rule 69(3).
• Under the Code on Wages, an employee on a minimum rate who works beyond the normal working day is paid at an overtime rate of not less than twice the normal rate of wages CW s. 14.

Shifts

• For a shift that runs past midnight, the weekly holiday means twenty-four consecutive hours from the end of the shift, and hours after midnight count towards the previous day OSH s. 28.
• Do not run overlapping shifts in which more than one relay of workers does the same kind of work at the same time, unless exempted OSH s. 29(1).
• Do not let a worker work in a factory or mine if they have worked in another similar establishment within the preceding twelve hours OSH s. 30.

Numbers at a glance

What	Figure	Where
Daily limit	eight hours	OSH s. 25(1)
Weekly limit (Central)	forty-eight hours	rule 64(1)
Days in a week	not more than six	OSH s. 26(1)
Continuous work before an interval (Central)	not more than five hours, then at least half an hour	S.O. 2517(E)
Each shift below ground in a mine	not more than eight hours	S.O. 2516(E)
Overtime rate	twice the rate of wages	OSH s. 27
Overtime cap (Central)	one hundred forty-four hours a quarter	rule 69(4)
Rest day substitution	never more than ten days in a row without rest	Wages Rules rule 6(2)

Records and deadlines

• Display a notice of periods of work in Form XII and send a copy to the Inspector-cum-Facilitator rule 71.
• Tell the Inspector-cum-Facilitator before changing the system of work, and make no change until one week after the last change unless they agree OSH s. 31(3).
• Post a notice of the weekly holiday, showing each relay’s holiday if it differs rule 67.
• Record overtime in the register of wages, overtime, advances, fines and deductions in Form IV Wages Rules rule 51.

Not covered here

• Spread-over, and intervals notified by a State Government where it is the appropriate Government OSH s. 25(1).
• State rules on hours and overtime; this guide follows the Central Rules.

In short

• You cannot be made to work more than eight hours in a day OSH s. 25(1)(a).
• Where the Central Rules apply, your week cannot be more than forty-eight hours rule 64(1).
• You cannot be made to work more than six days in a week OSH s. 26(1).
• Overtime is paid at twice your normal rate, and you can be asked to work overtime only if you agree OSH s. 27.

Does this apply to you?

• Yes, if you work in an establishment covered by the OSH Code; there are special rules for journalists, sales promotion employees, transport workers and miners OSH s. 25.
• If you are an adolescent worker, your hours are covered by the Child and Adolescent Labour (Prohibition and Regulation) Act OSH s. 25(4).
• It does not cover you if you are employed mainly in a managerial or administrative capacity, or if you are a supervisor drawing wages above ₹18,000 a month, because the Code does not count you as a worker s. 2(1)(zzl).

What the law requires

Breaks

• Where the Central Government is the appropriate Government, you cannot be made to work more than five hours at a stretch without a break of at least half an hour S.O. 2517(E).
• If you work below ground in a mine, a shift cannot be more than eight hours in a day S.O. 2516(E).

Your weekly rest day

• You get rest for one day every week, usually Sunday if you work six days a week Wages Rules rule 6(1).
• If you work on your rest day, you must get another rest day in the week before or after, and you can never be made to work more than ten days in a row without rest Wages Rules rule 6(2).
• Work on your rest day is paid at the overtime rate Wages Rules rule 6(4).

Overtime pay

• Overtime is paid at twice the rate of your wages OSH s. 27.
• It is counted by the day or by the week, whichever gives you more OSH s. 27.
• Where the Central Rules apply, overtime starts after eight hours in a day if you are a daily wager, or after forty-eight hours in a week otherwise, and is paid at the end of each pay period rule 69(1).
• 15 to 30 minutes of extra work counts as thirty minutes, and more than thirty minutes counts as a full hour rule 69(2).
• If you are paid monthly, your daily wage for overtime is 1/26th of your monthly wage rule 69(3).

Example You earn ₹20,800 a month, so your daily wage is ₹800 and your hourly rate for an 8-hour day is ₹100. Overtime is ₹200 an hour. Try the overtime calculator with your own hours.

Night shifts

• If your shift goes past midnight, your weekly holiday is twenty-four hours in a row starting when your shift ends, and the hours after midnight count towards the day your shift began OSH s. 28.
• You cannot be made to work in a factory or mine if you worked in another similar workplace in the previous twelve hours OSH s. 30.

Numbers at a glance

What	Figure	Where
Most hours in a day	eight	OSH s. 25(1)
Most hours in a week (Central Rules)	forty-eight	rule 64(1)
Most days in a week	six	OSH s. 26(1)
Longest stretch without a break (Central)	five hours	S.O. 2517(E)
Overtime rate	twice your rate of wages	OSH s. 27
Most overtime in a quarter (Central Rules)	one hundred forty-four hours	rule 69(4)

What to do if it isn’t followed

• Check the notice of periods of work your employer must display; it shows the hours you can be asked to work OSH s. 31(1).
• If you have not been paid overtime you are owed, you, a registered trade union you belong to, or an Inspector-cum-Facilitator can file a claim under the Code on Wages within three years CW s. 45(4), (6).

Not covered here

• Spread-over limits, and breaks notified by your State Government if it is the appropriate Government OSH s. 25(1).
• State rules, if your State Government is the appropriate Government.