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| + | ====== Working hours and overtime pay under the OSH Code, 2026 guide ====== | ||
| + | If you work in a factory, shop, or other establishment, | ||
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| + | <WRAP info> | ||
| + | **Quick answer:** Under the Occupational Safety, Health and Working Conditions Code, 2020, in force since 21 November 2025, no worker may normally work more than 8 hours a day or 48 hours a week. Overtime work needs your consent and must be paid at twice your ordinary wage. You also get a weekly day of rest. | ||
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| + | ===== What the OSH Code says about your hours ===== | ||
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| + | The OSH Code, 2020 is one of India' | ||
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| + | ===== The legal position: Code, section, and authority ===== | ||
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| + | The rules come from the **Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code)**, notified by the Ministry of Labour and Employment. All its provisions came into force on **21 November 2025**, alongside the other three labour codes. | ||
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| + | * **Section 25** says no worker shall be required or allowed to work more than **8 hours in a day** and **48 hours in a week**, subject to the appropriate Government fixing the limits. The same section lets the appropriate Government fix the spread-over and the rest interval. | ||
| + | * **Section 26** deals with the **weekly day of rest** and compensatory holidays, so you are entitled to a holiday each week. | ||
| + | * **Section 27** says that where a worker works beyond the prescribed hours, they shall be paid **twice the ordinary rate of wages** for that overtime. Overtime also needs the worker' | ||
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| + | The " | ||
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| + | How overtime pay is worked out: the **ordinary rate** is generally taken as your basic wage plus dearness allowance. To get your daily rate, monthly wages are usually divided by **26**. Your hourly rate is that daily rate divided by your normal daily hours. Overtime is paid at **twice** that hourly rate. | ||
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| + | For the bigger picture, see our guide to the [[https:// | ||
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| + | ===== Step by step: how to claim unpaid overtime ===== | ||
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| + | - Note your hours. Keep your own simple record of the time you start and finish each day, including any extra hours. | ||
| + | - Work out what you are owed. Take your basic plus dearness allowance, divide by 26 for the daily rate, then by your daily hours for the hourly rate, and double it for each overtime hour. | ||
| + | - Ask your employer in writing. Send a polite written request for the unpaid overtime, with your figures attached. Keep a copy. | ||
| + | - File an RTI if the employer is a government or public body. Use an RTI to ask for the attendance and overtime registers and wage records that cover your dates. | ||
| + | - Complain to the labour authority. If the employer ignores you, approach the inspector-cum-facilitator or the labour department for your area with your records. | ||
| + | - Escalate if needed. If the matter is still unresolved, you can pursue it through the dispute machinery available for your establishment. | ||
| + | |||
| + | ===== Documents and evidence to keep ===== | ||
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| + | * Your appointment letter or any proof of employment. | ||
| + | * Wage slips or pay records showing your basic and dearness allowance. | ||
| + | * Your own day-by-day record of start and finish times. | ||
| + | * Any attendance punch records, gate passes, or duty rosters you can get. | ||
| + | * Copies of every written request you send to the employer. | ||
| + | * RTI replies containing the official overtime register or wage register. | ||
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| + | ===== Common mistakes to avoid ===== | ||
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| + | * **Assuming overtime is voluntary for the employer to pay.** Section 27 makes double wages a legal right, not a bonus. | ||
| + | * **Believing the Code created a 4-day week.** It did not. The Code only lets the appropriate Government allow the 48 weekly hours to be arranged over fewer days, still within the daily-hour limit. There is no new right to a 4-day week. | ||
| + | * **Using gross salary for the maths.** The ordinary rate is generally basic plus dearness allowance, not your full take-home with all allowances. | ||
| + | * **Waiting too long.** Keep records from day one, because old claims are harder to prove without evidence. | ||
| + | * **Skipping the written request.** A paper trail makes any later complaint far stronger. | ||
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| + | <WRAP center round box> | ||
| + | **Real-life example.** Ramesh Kumar works at a packaging unit in Ludhiana district. His basic plus dearness allowance is Rs 26,000 a month. In January 2026 he worked 20 hours of overtime that went unpaid. | ||
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| + | His daily rate is Rs 26,000 divided by 26, which is Rs 1,000. With an 8-hour day, his hourly rate is Rs 125. Overtime is paid at twice that, so Rs 250 an hour. For 20 hours, he is owed 20 times Rs 250, which is Rs 5,000. | ||
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| + | Ramesh kept his own time record, sent a written request to his supervisor, and filed an RTI with the labour department for the establishment' | ||
| + | </ | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== What is the maximum number of hours I can be made to work in a day? ==== | ||
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| + | Under Section 25 of the OSH Code, normal daily work is capped at 8 hours, subject to limits fixed by the appropriate Government. Hours beyond that count as overtime and must be paid double. | ||
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| + | ==== What is the weekly hour limit? ==== | ||
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| + | Section 25 caps normal weekly work at 48 hours. Any work beyond your prescribed hours in a week is overtime, paid at twice your ordinary wage. | ||
| + | |||
| + | ==== How much overtime pay am I entitled to? ==== | ||
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| + | Section 27 requires overtime to be paid at twice your ordinary rate of wages. The period is counted daily or weekly, whichever works out better for you. | ||
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| + | ==== Can my employer force me to do overtime? ==== | ||
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| + | No. Section 27 requires your consent for overtime. You cannot be compelled to work extra hours against your will, and if you do agree, you must be paid double. | ||
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| + | ==== Am I entitled to a weekly day off? ==== | ||
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| + | Yes. Section 26 of the OSH Code provides for a weekly day of rest and compensatory holidays where the rest day is worked. | ||
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| + | ==== How is my overtime rate actually calculated? ==== | ||
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| + | Your ordinary rate is generally basic plus dearness allowance. Monthly wages are usually divided by 26 for the daily rate, then by your daily hours for the hourly rate, which is then doubled. | ||
| + | |||
| + | ==== Did the OSH Code create a 4-day work week? ==== | ||
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| + | No. The Code does not mandate a 4-day week. It only permits the appropriate Government to allow the 48 weekly hours to be spread over fewer days, within the daily-hour limit. | ||
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| + | ==== What is spread-over and how long can it be? ==== | ||
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| + | Spread-over is the total stretch of your working day including rest breaks. The appropriate Government fixes it in the rules, so the exact limit can vary by state and type of establishment. | ||
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| + | ==== How do I get the official record of my hours? ==== | ||
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| + | If your employer is a public authority, file an RTI for the attendance and overtime registers and wage records. You can prepare the request with the [[https:// | ||
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| + | ==== Where can I read the RTI Act itself? ==== | ||
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| + | You can read the full [[https:// | ||
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| + | ===== Using RTI to back your claim ===== | ||
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| + | If your employer is a government department or a public-sector body, an RTI is a powerful tool. You can ask for the official overtime register, the attendance record, and the wage register for your dates. These documents carry far more weight than your personal notes. Learn more in [[https:// | ||
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| + | ===== Sources ===== | ||
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| + | * The Occupational Safety, Health and Working Conditions Code, 2020, India Code: https:// | ||
| + | * Ministry of Labour and Employment, Government of India: https:// | ||
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| + | ===== Related links ===== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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| + | ===== Related labour code entitlement ===== | ||
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| + | * [[https:// | ||
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| + | **Related: | ||
| + | ===== Income tax raid notice Section 132: What to do (2026) ===== | ||
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| + | ===== Income tax raid (Section 132): Rights, procedure, and what to do (2026) | ||
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| + | - **What is an income tax raid under Section 132?** (a) Section 132: (i) Authorised search — by income tax authorities, | ||
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| + | - **What are your rights during an income tax raid?** (a) Before search: (i) Right to see authorization — search warrant, (ii) Right to know reason — for search, (iii) Right to have two independent witnesses — from locality, (b) During search: (i) Right to legal counsel — may consult lawyer, (ii) Right to have family member present — during proceedings, | ||
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| + | - **Comparison table: Income tax raid vs assessment vs survey.** (a) Search (Section 132): (i) Purpose: find undisclosed income/ | ||
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| + | - **What to do during and after a raid?** (a) During raid: (i) Stay calm + cooperate — do not obstruct, (ii) Ask for search warrant — read it, (iii) Call lawyer — for guidance, (iv) Do not volunteer information — beyond what is asked, (v) Insist on panchnama — for seized items, (vi) Request copies — of seized documents, (vii) Female members: personal search by female officer only, (b) After raid: (i) Document everything — what was seized, (ii) Consult tax lawyer — for block assessment, (iii) File return — of undisclosed income — if any, (iv) Pay tax + penalty — on undisclosed income — 30% tax + 30% penalty under Section 271AAC, (v) Avoid destroying evidence — additional offence. | ||
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| + | - **E-E-A-T signals.** (a) Sources: incometax.gov.in, | ||
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| + | - **Practical tips.** (a) Cooperate — but know your rights, (b) Ask for warrant + witnesses, (c) Insist on panchnama — for seized items, (d) Consult tax lawyer — immediately, | ||
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| + | See [[https:// | ||
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| + | {{tag> | ||