What are the working hours and overtime rules in India under the Labour Codes?

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Under the Labour Codes in India, the OSH Code sets normal working hours at 8 hours a day and 48 hours a week. Overtime needs the worker's consent and is paid at twice the normal rate of wages. No worker may work more than six days a week. The exact spread-over, intervals and overtime limits come from government rules.

At a glance

  • 8 hours a day, 48 hours a week.
  • Overtime: twice the normal rate, with the worker's consent.
  • Weekly holiday: no more than six working days in a week, with a compensatory holiday if exempted.
  • Women may work at night with consent and safety arrangements.

The standard

Section 25 of the OSH Code sets the daily limit at eight hours, with intervals and spread-overs notified by the appropriate government. The Ministry's summary and FAQs give 48 hours a week.

Can a day exceed 8 hours?

Yes, with conditions. The Ministry FAQ says the Code gives flexibility to extend daily hours with the worker's consent on payment of overtime at twice the normal rate, and a government may prescribe a maximum. The Ministry's PIB summary refers to daily hours of 8 to 12 for some sectors. It does not remove the 48-hour weekly standard. Check your state and sector rules.

Overtime

  • Payable when work exceeds the daily or weekly limit; the period is calculated on a daily or weekly basis, whichever favours the worker (section 27).
  • The Ministry FAQ says it is paid at the end of each wage period.
  • Overtime requires the worker's consent.
  • Under the Code on Wages, employees whose minimum rate of wages is fixed under the Code are also eligible for overtime.

Weekly holiday and shifts

No worker can be made to work more than six days in a week. If an exemption removes a weekly holiday, compensatory holidays must be given within the month or the two months after.

Night work for women

Women are permitted in all establishments and types of work. For work before 6 a.m. or after 7 p.m., their consent and prescribed safety measures, such as transport and security arrangements, are required.

Who counts as a worker?

The OSH Code's definition of "worker" excludes supervisors earning above 18,000 rupees a month (or the amount notified). Managers and higher-paid supervisors follow their contracts and state rules.

Practical steps

Employers: record hours and overtime in registers kept for five years. Employees: keep your own record if you are asked to work extra, and check your payslip. For leave, see leave rules.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.