Lesson 5 of 10 · about 6 minutes

Hours, overtime and leave

The eight-hour day, the weekly limits, overtime at twice the rate of wages, and annual leave with wages.

Written from the official text · not reviewed by a lawyer · follows the Central Rules

Key points

  • No worker may be required or allowed to work more than eight hours in a day OSH s. 25(1)(a), and under the Central Rules no 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, worked out on a daily or weekly basis, whichever is more favourable to the worker, and a worker works overtime only with their consent 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).
  • A part hour of 15 to 30 minutes counts as thirty minutes, and more than thirty minutes counts as an hour rule 69(2); overtime may not exceed one hundred forty-four hours in any quarter of a year rule 69, proviso.
  • A worker who has worked one hundred and eighty days or more in a calendar year is entitled to annual leave with wages s. 32(1)(i), earned at one day for every twenty days of work s. 32(1)(ii).
  • Unused leave of up to thirty days carries forward to the next year s. 32(1)(vii)(a), and a worker may ask to encash leave at the end of the calendar year s. 32(1)(viii).

If you are an employer

  • Ask for the worker’s consent before overtime, and pay it at twice the rate of wages with the wages for that period OSH s. 27 rule 69(1).

If you are a worker

  • Lay-off, maternity leave and annual leave taken in the year count towards the one hundred and eighty days, though no leave is earned for those periods s. 32(1)(iii).

Try it

A worker paid ₹26,000 a month works overtime of 60 minutes, 120 minutes and 20 minutes on different days.

Worked example
Daily wage (1/26th of monthly wages)OSH (Central) Rules, r. 69₹1,000
Hourly rate (daily wage ÷ 8 hours)OSH Code, s. 25₹125
Overtime rate (twice the rate of wages)OSH Code, s. 27₹250
Overtime hours counted (part hours rounded per rule 69(2))OSH (Central) Rules, r. 693.5
Overtime payOSH Code, s. 27₹875

Worked out by the library's own overtime pay calculator when this page was built.

Check your understanding

8 questions. Choose an answer, then open “Show the answer” to check it against the law's own words.

  1. Question 1. Under the OSH Code, a worker may not be required or allowed to work for more than how many hours in a day?
    Show the answer

    Answer: Eight

    No worker may be required or allowed to work more than eight hours in a day OSH s. 25(1)(a).

    No worker shall be required or allowed to work, in any establishment or class of establishment for more than— (a) eight hours in a day
    The law's words: OSH Code, s. 25 — Daily and weekly working hours, leave, etc
  2. Question 2. At what rate must overtime work be paid under the OSH Code?
    Show the answer

    Answer: Twice the rate of wages

    Overtime is paid at twice the rate of wages OSH s. 27.

    There shall be paid wages at the rate of twice the rate of wages in respect of overtime work
    The law's words: OSH Code, s. 27 — Extra wages for overtime
  3. Question 4. Under the Central Rules, what is the most overtime a worker may work in a quarter of a year?
    Show the answer

    Answer: 144 hours

    No worker may work overtime exceeding one hundred forty-four hours in any quarter of a year rule 69, proviso.

    Provided that no worker shall be allowed to work overtime exceeding one hundred forty-four hours in any quarter of a year
    The law's words: OSH (Central) Rules, r. 69 — Wages for overtime
  4. Question 5. A worker paid ₹26,000 a month works overtime of 60 minutes, 120 minutes and 20 minutes on different days. Under the Central Rules, what is the overtime pay?
    Show the answer

    Answer: ₹875

    The daily wage of a monthly-paid worker is 1/26th of the monthly wages, ₹1,000; over an eight-hour day that is ₹125 an hour, and overtime at twice the rate is ₹250 an hour. The 20 minutes count as thirty minutes, so 3.5 hours are paid: ₹875 rule 69(1)–(3).

    a fraction of an hour between 15 to 30 minutes shall be counted as thirty minutes
    The law's words: OSH (Central) Rules, r. 69 — Wages for overtime
  5. Question 6. How many days must a worker have worked in a calendar year to be entitled to annual leave with wages?
    Show the answer

    Answer: One hundred and eighty days

    A worker who has worked one hundred and eighty days or more in a calendar year is entitled to annual leave with wages s. 32(1)(i).

    that he has worked one hundred and eighty days or more in such calendar year
    The law's words: OSH Code, s. 32 — Annual leave with wages, etc
  6. Question 7. At what rate does an adult worker above ground earn annual leave?
    Show the answer

    Answer: A day for every twenty days of work

    Leave is earned at one day for every twenty days of work; adolescent workers and workers below ground in a mine earn it for every fifteen days s. 32(1)(ii).

    that he shall be entitled for one-day leave for every twenty days of his work
    The law's words: OSH Code, s. 32 — Annual leave with wages, etc
  7. Question 8. How many days of unused annual leave may be carried forward to the next year?
    Show the answer

    Answer: Up to thirty days

    The leave carried forward to a succeeding year may not exceed thirty days s. 32(1)(vii)(a).

    the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty days
    The law's words: OSH Code, s. 32 — Annual leave with wages, etc

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Official text reproduced from the Gazette of India, India Code and State Government sources. This is not legal advice; check the source PDF before relying on any provision.