Working Hours in India: Daily, Weekly Limits, Breaks and Rest Under the New Labour Code

Understanding working hours in India is essential for employees, HR managers and business owners to ensure legal compliance, accurate payroll and employee wellbeing. Working hours determine how long employees can work each day and week, when they are entitled to rest breaks, and how overtime, weekly offs and paid leave are managed.

The applicable rules vary depending on the type of establishment, employee category and state-specific labour legislation. Employers must understand daily and weekly working-hour limits, rest intervals, spread-over requirements and the rules governing women, young workers and night shifts.

The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code 2020), and state Shops and Establishments Acts are important legal frameworks for determining these requirements. The new labour codes in India have also brought greater attention to working-time compliance, making it important for businesses to verify the latest applicable provisions and government notifications.

Maximum Daily and Weekly Working Hours

The maximum working hours in India varies depending on the type of establishment and the labour legislation, as well as the category of worker. Under the OSH Code 2020, the normal working day for a worker in the covered establishment is eight hours, subject to any rules or notifications. The annual working hours of 48 hours per week is a standard metric.

Section 25 of the Occupational Safety, Health and Working Conditions Code, 2020 deals with working hours per day, working hours per week, intervals of rest and other working-time requirements. The specific requirements for an establishment need to be verified with relevant rules and notifications of the Government.

Percentage of employees working 49 or more hours per week in India, Bangladesh, the UAE, the USA and the UK.
Source: International Labour Organization (ILO). Original dataset and publication year to be verified.

The standard eight hours a day and 48 hours a week are common reference points for most places of work that are covered. But employers should not assume that this applies to all employees without examining the legislation.

As another illustration, if an employee is scheduled for eight working hours per day for six days, the employee would accumulate 48 working hours during a week. If the employee were to work further hours, the employer would need to evaluate if those hours constitute overtime and if the conditions under the law have been met.

Rest Intervals and Spread-Over

Rest periods provide workers with an opportunity to recuperate over the course of the workday, whereas spread-over time is the amount of time, inclusive of any relevant breaks, from the start of the day to the end of the day. The OSH Code 2020, s. 25, provides rules and notifications related to rest periods and spread-over.

Time should not be the only way to judge the working schedule. Employers need to look at not only the duration and breaks but also the time when the breaks are taken and the employee is physically present at work.

For instance, if an employee worked a 9-6 schedule, with a one-hour lunch break, that's nine hours between starting and finishing, and eight hours in the office if you take a one-hour break into the rules.

That example is not a comprehensive timetable. There is no fixed variation-over allowed or time limit for when a break must be taken as per the relevant legislation and rules.

Make sure you specify, in writing: When the lunch break, rest periods and start and finish times of shifts. Rest breaks should be tracked, if necessary, and not merely assumed to be taken because they are permitted.

A very simple way to check a schedule is to write down the employee's starting time, legitimate breaks and finishing time, and actual working hours. The HR department can then check the actual time against the statutory expectations of their site.

Weekly Off and Paid Leave Rules

Rest weekly and paid leave benefits for workers at workplaces are determined by the relevant work place laws. The OSH Code 2020 has a provision in section 26 on weekly holidays for workers covered. Benefits of leave with pay and other paid holidays could be with respect to state Shops and Establishments laws.
In work for a week, a weekly rest period provides an opportunity for employees to have a break following their shift. It is important that the employer knows when this rest day is to take place and that it does not inadvertently deprive the employee of any statutory entitlement.

Section 26 of OSH Code 2020 about Weekly Holidays and the labour statutory rules for getting weekly holidays. The employer may go through the rule and notifications applicable for his establishment.

Paid leave is another subject. Annual leave with wages of the covered employees is dealt with in Section 32 of the OSH Code 2020. But the terms and conditions of other types of leave have to be verified under the relevant law.

HR needs to have a standard holiday calendar and written leave policy. All staff should also consult the various leave policy requirements, such as eligibility, accrual, carry-over and entitlement requirements.

If the employee requested to work on his weekly rest day or on a public holiday, the employer should read the rules on compensatory rest, wages and overtime pay carefully before payment has been finalized.

Shops and Establishments Act Differences by State

Indian work hours Rest breaks, weekly leave and rest days if differentiated from individual rules, the framework of the Shops and Establishments Act, a state-specific law, may vary between states in India. The seller and commissioner should be in agreement to the law and alterations for their state in which their shops are functioning rather than using a single work schedule for all workplaces and commercial companies.

Covering several shops, offices, commercial units and other workplaces, State Shops and Establishments Acts stipulate provisions regarding the daily working hours, weekly working hours, interval between two shifts, weekly working hour limits, time limit for each shift, time for initiation and termination of the daily work, time for interval, lunch break, weekly day-off, wash-up time, and spread over.

If you run an IT firm in Telangana then you need to refer to the Telangana Shops and Establishments Act, 1988 along with rules and amendments. The same goes for those based in Maharashtra or Karnataka.

Be sure to read the definition of establishments and employees, the statutory working-time limits, the hours of work, rest periods and overtime, weekly holidays, and record-keeping requirements, as prescribed under the Shops and Establishments Act.

Women, Young Workers and Night Work

Working-time rules may include additional safeguards for women and young workers. Employers must check the applicable central and state legislation, including restrictions on young workers and conditions governing women's night work. Permission to operate night shifts should never be treated as an exemption from other working-hour, safety or wage requirements.

Provisions for employment terms and conditions and worker's safety are included in the OSH Code 2020. Section 43 of the OSH Code 2020 is about employment of women in establishments covered. The framework allows employment of women to work in any kind of establishments, and between 6 AM and 7 PM with their consent and on certain conditions.

The criteria and notifications which apply need to be checked to determine the safeguards which are in place for a night shift. These may refer to safety measures, transportation, work security, or other protective measures depending on the requirements.

There are entirely different rules regarding young employees. The laws pertaining to children and young people are covered in the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Sections 3, 3A and 7) which prohibits or limits employment of children and young persons, respectively. You need to check to see the restrictions, and exact work conditions allowed, for each category.

Likewise, consider the regulations which may apply to overtime, time off and shift length. Lawful night shifts do not imply all lengths of shifts and scheduling are lawful.
HR teams should record all relevant permissions, consent where necessary, safety procedures and shift schedules. They should also check for any new night-shift regulations in a state before any new shift patterns are implemented.

Working Hours for IT and Remote Employees

IT employees and home workers do not automatically escape the working-hour rules just because they work in a building, at home or under flexible working conditions. The law will apply, depending on legislation, where the worker is working, whether or not the establishment is covered and whether the person working is classified as an employee and has valid exemptions.

IT firms are well-known for their flexible timetables, hybrid work, night shift and deadline-based projects. These can blur the lines between on-schedule hours and those extra hours worked.

The contract of employment and the policy of the company should be made clear on availability, normal working hours, break conditions, overtime, and how to report on any additional working hours. These should not be inconsistent with the law.

Managers must resist the temptation to treat employees like on-call staff, just because they can work from home. Constant late-night notifications, tasking over the weekends and untracked extra time may lead to compliance issues and exhaustion.

Employers need to set realistic limits for time zones when it comes to meetings. A timetable that looks acceptable at head office could lead to an employee working too many hours in another location.

HR should update the actual working time observed, combined with hours of overtime and rest periods, for hybrid and remote teams on a regular basis. Flexibility should better the organisation of work, not be a means to escape working-time protections.

Recording Working Hours Legally

Accurate working-hour records will enable the employer to provide evidence to support compliance with relevant labour legislation, to resolve payroll disputes and to correctly determine overtime. The registers, forms, notices and retention times, will depend upon the applicable Act, rules and category of establishment. Employers should always keep accurate records and check the statutory requirements rather than just informal timesheets.

Labour compliance requires keeping the records. Under the different applicable legislations, employers may be required to keep records such as attendance, working hours, overtime, wages, leave and weekly holidays.
The OSH Code 2020 requires employers to comply with various record-keeping and other requirements, such as the provision of notice of periods of work (Section 33). Review the applicable provisions, rules and notifications to identify what applies to your establishment.

State Shops and Establishments legislation. Businesses should check the relevant requirements for their particular industry and state before recording any particular registers.

Your companies can have access to these records and learn how to calculate working hours. A simple rule to get working hours:

Actual working hours = finishing time minus starting time minus excluded breaks.

For example, a shift from 9 AM to 6 PM with a one-hour excluded break results in eight working hours. This is a basic calculation, not a substitute for the legal definition of working time under the applicable rules.

An employer should have a procedure for correcting missed punches, remote work and schedule modifications approved by the employee. Records should be secure from unauthorized editing and stored for the appropriate period by law.

How to Calculate Working Hours in India

To calculate working hours accurately, you need to go beyond subtracting the time you start from the time you finish. Employers must establish what constitutes working time in the legislation, and if the employee has worked beyond the maximum working hours for the day and week.
For instance, an employee working from 10AM to 7PM with a one-hour excluded break would work a total of eight hours. The employee works this schedule for five days, which equates to 40 hours for the week.

If there is any other work, HR should check the total hours of the employee, overtime threshold (if applicable), the requirement for prior approval or consent, and statutory rate and any limitations. The overtime rules in India shall need to be evaluated according to the relevant legislation in that employee and establishment.

Employers should avoid assuming that all time spent at the workplace counts as working time or that all breaks can automatically be excluded. The legal treatment depends on the relevant rules and actual circumstances.

How Businesses Can Improve Working-Hour Compliance

Organisations can reduce compliance risks by following a consistent review process:

• Identify the applicable central and state legislation.
• Confirm the establishment's coverage and any valid exemptions.
• Set working schedules that comply with daily and weekly limits.
• Define rest intervals, weekly holidays and leave entitlements.
• Establish an approval process for overtime and schedule changes.
• Maintain the required attendance, wage and overtime records.
• Review government notifications and legislative amendments regularly.

Companies with locations in various states need to keep a compliance calendar for each. HR should also reassess employment agreements, shift rules and payroll procedures when laws are amended.

Attendance.ai provides attendance and workforce compliance tools, registers and labour code preparation guidance to organisations that are reviewing them. Organisations would need to still establish the legal requirements that govern their own businesses.

Conclusion

The hours of work in India are determined by the labour law that is in force, the classification of the establishment and employee, and the requirements of the particular state. The limits per day and per week, breaks, overtime, weekly holidays and paid leave must be considered holistically instead of as isolated administrative issues.
The OSH Code 2020 and state Shops and Establishments Acts. Employers should look at notifications of starting work, rules and exemptions before amending the timing, policy at the workplace.
Good records, effective communication to employees and regular legal review – all of these can help organisations monitor working time more effectively while safeguarding employee rights.

Frequently Asked Questions

1. What are the normal working hours in India?

Rules of thumb include eight hours a day and 48 hours a week for covered workers. Always check the statutory sections, worker classification and specific notices that apply before using these as "rules of thumb".

2. Is a 9-hour workday legal in India?

It is determined by the law, on the use of breaks, the classification of the employee. Check for daily limits, a break, a caste or valid exceptions or work hours for daily approval.

3. Are lunch breaks included in working hours?

Not always. If you are not working during the break will be short or long, whether it is included in your working time is based on the legislation and circumstances. You need to how and record the break.

4. Do working-hour rules differ by state?

Yes. State Shops and Establishments Acts can require different conditions for covered establishments. Check for the local State's law, amendments and notifications.

5. Does the OSH Code 2020 apply to every employee?

No. Coverage is subject to limits of the legislation, whether a business is covered, the form of employer and employee, and related commencement and exemption notifications. The employer should check the legal position.