Working Hours & Weekly Off Rules in India Under New Labour Codes 2026
1. Working Hours in India 2026: Overview
Working hours in India refer to the legally mandated maximum number of hours an employee can be required to work per day and per week, as defined by the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code). This definition-first understanding is critical for every employer, HR professional, and business owner operating in India in 2026.
The OSH Code is one of the four new Labour Codes that came into force on 21 November 2025, consolidating 13 older statutes—including the Factories Act, 1948, and various state-level Shops & Establishments Acts—into a single, unified framework. For the first time, India has a standardised set of working hour rules that apply uniformly across factories, shops, commercial establishments, IT/ITES companies, and all other sectors.
| Key Statistic The OSH Code replaces 13 older laws and applies to an estimated 50+ crore workers across organised and unorganised sectors in India. |
This consolidation eliminates decades of confusion caused by overlapping central and state laws. Previously, a manufacturing unit in Maharashtra followed different working hour rules than a retail shop in Karnataka or an IT company in Telangana. Now, the rules are consistent—making compliance simpler but also more strictly enforced.
The OSH Code introduces three major changes that every employer must understand: (1) a uniform 48-hour weekly cap across all sectors, (2) the option of a four-day work week with 12-hour shifts, and (3) a mandatory 12-hour inter-shift gap that replaces the older 8–10 hour requirement.
2. Weekly & Daily Hour Limits Under the OSH Code
Weekly Cap: 48 Hours
The maximum working hours per week in India under the new labour codes is 48 hours. This cap applies universally to all establishments—factories, shops, commercial establishments, IT/ITES companies, healthcare facilities, hospitality businesses, and every other sector. The 48-hour limit replaces the older Factories Act cap (which was also 48 hours but applied only to factories) and the varying state Shops & Establishments Act limits (which ranged from 42 to 48 hours depending on the state).
Daily Cap: 12 Hours Maximum
No employee shall work more than 12 hours in any single day, including overtime. This is a significant expansion from the previous Factories Act limit of 9 hours per day. However, this does not mean employers should schedule 12-hour shifts as a default—it is a ceiling, not a target.
The normal working hours per day depend on the work schedule chosen by the employer:
• 6-day work week: 8 hours per day (8 × 6 = 48 hours)
• 5-day work week: 9.6 hours per day (9.6 × 5 = 48 hours)
• 4-day work week: 12 hours per day (12 × 4 = 48 hours)
Spread Over Hours
Spread over hours refer to the total duration from the start of work to the end of work, including all rest intervals, lunch breaks, and tea breaks. Under the OSH Code, the spread over shall not exceed 12 hours in a day. For example, if an employee starts work at 9:00 AM, they must leave the workplace by 9:00 PM at the latest—regardless of how many breaks were taken during the day.
| Practical Example Employee starts at 9:00 AM. Takes a 30-min tea break at 11:00 AM, a 1-hour lunch at 1:00 PM, and a 30-min tea break at 4:00 PM. Actual work = 8 hours. Spread over = 10 hours (9 AM to 7 PM). This is compliant because spread over (10 hours) is within the 12-hour limit. |
3. Four-Day Work Week: How It Works
The four-day work week is one of the most talked-about provisions of the new labour codes. Under the OSH Code, companies now have the option to offer employees a four-day work week with 12-hour daily shifts, while maintaining the 48-hour weekly cap. Employees on this schedule get three consecutive days off per week.
| Important Clarification The four-day work week is NOT mandatory. It is an option that employers can choose to implement. The decision rests with the employer based on operational needs, and implementation requires employee consent. |
How the 4-Day Work Week Operates
• Daily hours: 12 hours per day (the maximum allowed)
• Weekly hours: 48 hours (12 × 4 = 48)
• Days off: 3 consecutive days per week
• Employee consent: Required before implementation
• Overtime: Any hours beyond 48/week still attract 2× overtime pay
Who Can Benefit?
The four-day work week is best suited for roles that involve concentrated, project-based work—such as IT development, creative agencies, consulting, and certain manufacturing operations with automation. It is less practical for customer-facing roles, 24/7 operations, and industries requiring daily client interaction.
Employer Considerations
Before adopting a four-day work week, employers should consider the impact on employee fatigue (12-hour shifts are physically and mentally demanding), client service continuity, inter-shift coordination, and compliance with rest interval and spread over rules. Employers must also update their leave and attendance policies to reflect the modified schedule.
4. Flexible Work Schedules: 4-Day, 5-Day & 6-Day Comparison
The OSH Code gives employers the flexibility to choose from three work schedule configurations, as long as the 48-hour weekly cap is maintained. Here is a side-by-side comparison:
| Parameter | 4-Day Week | 5-Day Week | 6-Day Week |
| Daily Hours | 12 hours | 9.6 hours | 8 hours |
| Weekly Hours | 48 hours | 48 hours | 48 hours |
| Days Off/Week | 3 days | 2 days | 1 day |
| Best For | IT, project-based roles | Corporate offices, BPOs | Manufacturing, retail |
| Employee Fatigue | High (long shifts) | Moderate | Low (shorter shifts) |
| Client Coverage | Reduced (fewer workdays) | Standard | Maximum |
| Overtime Threshold | Beyond 48 hrs/week | Beyond 48 hrs/week | Beyond 48 hrs/week |
5. Overtime Rules: Rate, Limits & Payment
Overtime in India refers to any work performed beyond 48 hours in a week or beyond the daily normal hours prescribed for the chosen schedule. Under the OSH Code, overtime rules are now uniform across all sectors—a significant improvement over the fragmented system that existed under the old laws.
Overtime Rate: Double Wages (2×)
The overtime rate under the new labour codes is double the ordinary rate of wages (2×). This means if an employee earns Rs 500 per hour during normal working hours, they must be paid Rs 1,000 per hour for every hour of overtime. This 2× rate was previously mandated only under the Factories Act—Shops & Establishments Acts in many states prescribed lower rates or left it ambiguous. Now, the 2× rate applies uniformly to all sectors.
Key Overtime Rules
• Threshold: Any work beyond 48 hours/week triggers overtime
• Rate: 2× (double) the ordinary rate of wages
• Maximum overtime: Varies by state rules, typically not exceeding 50 hours per quarter
• Voluntary only: Employers cannot force employees to work overtime—it must be voluntary
• Payment timing: Overtime wages must be paid by the end of the wage period (monthly for monthly-paid employees)
• Record-keeping: Employers must maintain a register of overtime hours and wages paid
| Compliance Alert Forcing an employee to work overtime is a punishable offence under the OSH Code. The employer faces a penalty plus compensation to the affected employee. Always obtain voluntary consent before scheduling overtime. |
6. Weekly Off & Compensatory Off Rules
A weekly off is a mandatory rest day that every employee in India is entitled to under the OSH Code. It is a paid day—no deduction of wages is permitted for the weekly off.
Weekly Off Entitlements
• Minimum: Every employee is entitled to at least 1 day off per week (24 consecutive hours)
• 4-day work week: 3 days off per week
• 5-day work week: 2 days off per week
• 6-day work week: 1 day off per week
• Preferred day: Sunday is preferred but any day can be designated as the weekly off
Compensatory Off Rules
If an employee is required to work on their designated weekly off or a declared holiday, the employer must provide a compensatory off. The key rules are:
• Timeline: Compensatory off must be given within 3 days—either before or after the day worked
• Failure to provide: If the employer fails to give a compensatory off, the employee must be paid double wages for that day
• Record-keeping: All compensatory offs must be recorded in the attendance register
This is a critical compliance point. Many small businesses in India have historically ignored compensatory off rules, treating weekly off work as regular duty. Under the new codes, inspectors can impose fines for non-compliance.
7. Rest Intervals & Inter-Shift Gap
Mandatory Rest Intervals
Rest intervals (breaks) are legally mandated periods during the workday when an employee must be allowed to rest. Under the OSH Code:
• 5+ hours of continuous work: A minimum 30-minute break is mandatory
• 8+ hours of work: At least one break of 30 minutes must be provided
• Break time: Does NOT count as working hours, but counts within the 12-hour spread over
Inter-Shift Gap: 12 Hours
The inter-shift gap is the minimum number of hours that must elapse between the end of one shift and the beginning of the next. Under the OSH Code, this gap is 12 hours—a significant increase from the 8–10 hours prescribed under older laws.
| Why This Matters The 12-hour inter-shift gap prevents exploitative back-to-back shift scheduling. For example, an employee finishing a shift at 10:00 PM cannot be asked to start the next shift before 10:00 AM the following day. This protects employee health and reduces workplace accidents caused by fatigue. |
8. Night Shift Rules for Women
Night shift rules for women in India have undergone a landmark change under the new labour codes. Previously, many state laws either restricted or outright banned women from working night shifts in factories and certain establishments. The OSH Code reverses this position.
Current Rules Under OSH Code
• Permitted: Women are now allowed to work night shifts across all sectors
• Written consent: The employer must obtain the woman employee’s written consent before assigning night shift work
• Night shift definition: Typically defined as shifts between 7:00 PM and 6:00 AM
• Safety measures: Employer must ensure adequate safety, security, and transportation arrangements
• Separate facilities: Restrooms, crèche, and other facilities must be provided separately for women on night shifts
• Non-discrimination: Employers cannot discriminate against women in hiring, pay, or promotion decisions based on willingness to work night shifts
This change is widely seen as a progressive step toward gender equality in Indian workplaces. However, the consent and safety requirements are non-negotiable—employers who fail to provide adequate safety measures face significant penalties.
9. Old Law vs New Law: Side-by-Side Comparison
The following table highlights the key differences between the old labour laws (Factories Act, Shops & Establishments Acts) and the new OSH Code, 2020:
| Parameter | Old Law (Factories/S&E Acts) | New Law (OSH Code 2020) |
| Weekly Hours | 48 (factories) / Varied by state (S&E) | 48 hours (uniform, all sectors) |
| Daily Maximum | 9 hours (factories only) | 12 hours (all sectors) |
| Overtime Rate | 2× (factories) / Varied (S&E) | 2× (uniform, all sectors) |
| 4-Day Work Week | Not available | Available (employer’s choice) |
| Night Shift for Women | Restricted or banned | Allowed with written consent |
| Inter-Shift Gap | 8–10 hours | 12 hours (mandatory) |
| Spread Over | 10.5 hours (factories) | 12 hours (all sectors) |
| Applicability | Sector-specific laws | Single code, all sectors |
| Digital Registers | Not explicitly permitted | Digital attendance registers allowed |
10. Industry-Wise Working Hour Practices
While the OSH Code sets uniform rules, actual working hour practices vary by industry due to operational requirements. Here is a practical guide to how different industries typically implement the rules:
| Industry | Typical Schedule | Common Practices & Notes |
| IT / ITES | 5-day, 9–10 hrs/day | Flexible hours common; work-from-home policies widespread; overtime often informal—employers must now track and pay 2× |
| Manufacturing | 6-day, 8 hrs/day | Shift-based operations; overtime common during peak production; strict compliance required for factory-floor workers |
| Retail | 6-day, 8–9 hrs/day | Weekend offs uncommon; rotational weekly off standard; festive season overtime must be compensated at 2× |
| Healthcare | Shift-based, 8 hrs | 24/7 operations with rotational offs; inter-shift gap compliance critical for patient safety; night shifts common |
| Hospitality | 6-day, 8–9 hrs/day | Split shifts common (morning + evening service); spread over hours often stretch to 12 hours; overtime tracking is a challenge |
| Construction | 6-day, 8 hrs/day | Seasonal overtime during project deadlines; safety concerns make rest interval compliance vital; migrant labour tracking is a focus |
11. Penalties for Non-Compliance
The OSH Code prescribes significantly higher penalties compared to the older laws. Employers who violate working hour, weekly off, or overtime rules face the following consequences:
| Violation | Penalty |
| First offence (working hours / overtime / weekly off violation) | Fine up to Rs 2,00,000 |
| Repeat offence (same violation within 5 years) | Fine up to Rs 5,00,000 and/or imprisonment up to 3 months |
| Failure to maintain registers / records | Fine up to Rs 50,000 |
| Forcing overtime on employees | Penalty + mandatory compensation to the affected employee |
| Failure to display working hours notice | Fine up to Rs 50,000 |
| Violating night shift safety requirements for women | Fine up to Rs 2,00,000 + potential criminal liability |
| Penalty Comparison Under the old Factories Act, first-offence fines were as low as Rs 2,000. The new OSH Code increases this 100-fold to Rs 2,00,000—signalling the government’s seriousness about enforcement. |
12. Employer Compliance Checklist
Every employer in India must meet the following compliance requirements related to working hours, weekly off, and overtime under the OSH Code:
1. Display Working Hours Notice: A notice showing daily working hours, shift timings, weekly off days, and rest intervals must be prominently displayed at the workplace.
2. Maintain Attendance Registers: Digital or physical attendance registers must record daily clock-in and clock-out times. The OSH Code explicitly permits digital registers—a welcome change for modern businesses.
3. Calculate and Pay Overtime Correctly: Any hours beyond 48/week must be paid at 2× the ordinary wage rate. Overtime calculations must be documented.
4. Ensure Minimum Rest Intervals: A 30-minute break must be provided for every 5+ hours of continuous work. Breaks must be scheduled and recorded.
5. Provide Weekly Off or Compensatory Off: At least 1 day off per week is mandatory. If an employee works on their off day, a compensatory off must be given within 3 days or double wages must be paid.
6. Maintain 12-Hour Inter-Shift Gap: Shift schedules must ensure a minimum 12-hour gap between consecutive shifts for each employee.
7. Obtain Written Consent for Night Shifts: Written consent is required before assigning any employee—especially women—to night shifts. Safety, transport, and facility arrangements must be documented.
8. Submit Annual Return: An annual return must be filed with the Inspector-cum-Facilitator, detailing compliance with all working condition requirements.
13. How SalaryBox Helps You Stay Compliant
Managing working hours, overtime, weekly offs, and shift schedules manually is error-prone, time-consuming, and risky under the new labour codes. SalaryBox—India’s leading payroll and HR software for SMBs—automates the entire process.
| SalaryBox: Your Complete Working Hours & Payroll Compliance Solution ✅ GPS-based attendance tracking with automatic clock-in/clock-out ✅ Automated overtime calculation at 2× rate—no manual errors ✅ Shift scheduling with built-in 12-hour inter-shift gap validation ✅ Weekly off and compensatory off tracking with alerts ✅ Digital attendance registers (OSH Code compliant) ✅ Night shift consent management and reporting ✅ One-click payroll processing with compliance reports Download SalaryBox free: salarybox.in |
14. Frequently Asked Questions (FAQ)
Q: What are the maximum working hours per week in India in 2026?
A: The maximum working hours per week in India in 2026 is 48 hours, as prescribed by the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code). This limit applies uniformly to all sectors—factories, shops, commercial establishments, IT/ITES, healthcare, and others. The 48-hour weekly cap replaced the previously fragmented limits under the Factories Act and various state Shops & Establishments Acts.
Q: Is the 4-day work week mandatory in India?
A: No, the 4-day work week is not mandatory in India. It is an optional arrangement that employers can choose to implement under the OSH Code. If adopted, employees work 12-hour shifts for 4 days (totalling 48 hours) and get 3 consecutive days off. The decision is at the employer’s discretion and requires employee consent. Companies can continue with the traditional 5-day or 6-day work week.
Q: What is the overtime rate under the new labour codes?
A: The overtime rate under the new labour codes is double the ordinary rate of wages (2×). This applies to all sectors uniformly. Previously, the 2× rate was mandated only for factory workers under the Factories Act, while Shops & Establishments Acts in various states had different (often lower) rates. Now, every employee who works beyond 48 hours per week is entitled to 2× pay for each overtime hour.
Q: Can an employer force employees to work overtime?
A: No, an employer cannot force employees to work overtime under the new labour codes. Overtime must be voluntary. If an employer forces overtime, they face a penalty under the OSH Code plus mandatory compensation to the affected employee. Employers should obtain written or documented consent before scheduling overtime work.
Q: What is the minimum weekly off in India?
A: The minimum weekly off in India is 1 day per week (24 consecutive hours of rest). Under the OSH Code, every employee is entitled to at least one weekly off, regardless of the industry or sector. If the employer follows a 5-day work week, employees get 2 days off; for a 4-day work week, 3 days off. The weekly off is a paid day—no deduction of wages is permitted.
Q: Can women work night shifts in India?
A: Yes, women can now work night shifts in India under the OSH Code, 2020. This reverses earlier restrictions or bans that existed under many state laws. However, the employer must obtain the woman’s written consent, ensure adequate safety and security measures, provide transportation, and make available separate facilities like restrooms and crèche. The employer cannot discriminate against women based on their willingness to work night shifts.
Q: What is the inter-shift gap rule in India?
A: The inter-shift gap under the OSH Code is a minimum of 12 hours between the end of one shift and the start of the next. This is an increase from the 8–10 hours required under older laws. For example, an employee who finishes a shift at 10:00 PM cannot start the next shift before 10:00 AM the following day. This rule prevents back-to-back scheduling and protects employee health.
Q: What are the penalties for exceeding working hours in India?
A: Penalties for exceeding working hours under the OSH Code include: a fine of up to Rs 2,00,000 for a first offence, up to Rs 5,00,000 and/or imprisonment up to 3 months for a repeat offence, and up to Rs 50,000 for failure to maintain registers. These are significantly higher than the penalties under old laws, where first-offence fines could be as low as Rs 2,000.
Q: How are spread over hours calculated?
A: Spread over hours are calculated from the time an employee starts work to the time they finish, including all rest intervals, lunch breaks, and tea breaks. Under the OSH Code, the spread over must not exceed 12 hours in a day. For example, if an employee starts at 9:00 AM and takes a 1-hour lunch and two 30-minute tea breaks, their spread over would be from 9:00 AM to whenever they finish, which cannot be later than 9:00 PM.
Q: Do the new working hour rules apply to IT companies?
A: Yes, the new working hour rules under the OSH Code apply to IT companies and ITES (IT-enabled services) companies. This is a significant change—previously, IT companies were governed by state-level Shops & Establishments Acts, which varied widely. Now, the uniform 48-hour weekly cap, 2× overtime rate, weekly off entitlement, and all other provisions of the OSH Code apply to the IT sector. Many IT companies are exploring the 5-day or even 4-day work week option under the new framework.
