Maximum working hours per week as per Indian labour law

The maximum normal working week in India is 48 hours, with a normal day of 8 hours. This is set by the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”), which came into force on 21 November 2025 and replaced the Factories Act, 1948 and 12 other central laws. Work beyond these limits is overtime, requires the worker’s consent, and must be paid at twice the ordinary rate. Daily spread-over (start to finish, including breaks) is capped at 12 hours. Overtime ceilings per quarter depend on which government’s rules apply to your establishment.

That is the headline. The detail below is where employers get into trouble, and where employees often miss their rights.

Why this question has a new answer in 2026

For decades, the answer depended on which statute applied. Factories were governed by the Factories Act, 1948 (9 hours a day, 48 a week), while shops and offices followed state Shops and Establishments Acts with varying limits.

That changed in two steps:

1. 21 November 2025: The OSH Code and the other three Labour Codes were brought into force.
2. 8 May 2026: The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 were notified, putting numbers on the Code’s framework. States have been notifying their own rules through 2026.

The core limits at a glance

The 48-hour weekly ceiling cannot be contracted out

The 48-hour week is a statutory limit, not a default. India does not have an individual “opt-out” of the kind found in some other jurisdictions. An employment contract that says “employee agrees to work 60 hours a week without additional pay” does not displace the Code. At best, the hours beyond 48 are overtime and must be paid as such; at worst, the clause exposes the employer to penalties.

Practical point for employers: A “salary is all-inclusive, hours are flexible” clause is not a defence to an overtime claim for covered workers.

Daily hours versus weekly hours: which one triggers overtime?

Under the Central Rules, the overtime trigger differs by wage period:

• Workers paid on a daily wage basis: work beyond 8 hours in a day is overtime.
• All other workers (for example, monthly-paid): the test is the 48-hour week, not the individual day.

So a monthly-paid employee who works 10 hours on Monday and 6 hours on Tuesday, with a 48-hour total week, may not have an overtime entitlement for that week even though Monday exceeded 8 hours. A daily-wage worker in the same pattern would. Check how your payroll classifies workers, because a mismatch creates exposure in both directions.

The “12-hour day” myth and the four-day week

After the Central Rules were notified, a claim spread widely on social media: that India now permits 12-hour workdays. The accurate position is narrower.

• The 12-hour figure is the spread-over cap: the total time from start of work to end of work, including rest intervals. It is not a licence to work 12 hours of productive time every day.
• The weekly ceiling of 48 hours does not move.
• A four-day week of 12 hours a day is legally possible, because 4 x 12 = 48, but it is optional and needs the agreement of the workforce. It is not something an employer can impose, and a worker has no automatic right to demand it.

12-hour working day leaves no room for the mandatory rest interval inside a 12-hour spread-over. Commentary on the Ministry of Labour’s notification of 13 May 2026, which fixed the rest interval under the Code, suggests that once interval time is accounted for, four straight 12-hour working days may not fit within the spread-over cap in practice. Employers considering this model should obtain a written legal opinion on the applicable state or central rules before rolling it out. (The notification’s exact terms should be verified against the official Gazette text, as secondary sources differ in how they describe its effect.)

Overtime: rate, consent and ceilings

Rate

Overtime is paid at twice the ordinary rate of wages.

Illustrative calculation (the divisor and wage components depend on your applicable rules and wage definition; confirm with payroll counsel):

• Monthly wages: Rs 24,000
• Illustrative hourly rate: 24,000 / 26 days / 8 hours = about Rs 115.38
• Overtime rate (2x): about Rs 230.77 per hour
• 10 hours of overtime in the month: about Rs 2,308

Consent

A worker can be required to work overtime only with their consent. Employers should keep consent on record. Women working in the early hours (before 6 a.m.) or late evening (beyond 7 p.m.) are subject to additional conditions, including consent and safety measures such as safe transport and lit premises.

Quarterly ceiling

The Central Rules cap overtime at 144 hours per quarter. Once the cap is reached, further overtime is not permitted, even with willing consent from both sides.

Where the confusion lies: The OSH Code leaves the cap to the “appropriate government”. Most private offices, shops and factories fall under state rules, not the Central Rules. Reports indicate some states retain a stricter 125-hour cap, but state positions are changing through 2026. Before advising a client, check the notified rules of the state where the establishment operates. Do not assume 144 hours applies to a Maharashtra, Gujarat or Karnataka employer without verification.

Which rules apply to your establishment? A quick decision path

1. Is the Central Government the “appropriate government” for your establishment (for example, railways, mines, ports, certain central undertakings)? If yes, the OSH (Central) Rules, 2026 apply.
2. Otherwise, the rules of your state apply. Check whether your state has notified OSH rules and what daily hours, spread-over and overtime cap it prescribes.
3. Check coverage thresholds. The Code’s applicability depends on the type of establishment and number of workers. Some categories (such as certain contract labour arrangements) have separate thresholds.
4. Check your state Shops and Establishments Act. Until each state’s framework is fully harmonised, confirm what remains in operation for shops and commercial establishments.
5. Apply the stricter rule wherever two sources conflict, and document why.

Rest intervals and weekly off

• A rest interval is required during the working day. Secondary sources describe a 30-minute interval after five continuous hours of work; confirm the exact figure in the Ministry’s notification and your state’s rules.
• Every worker is entitled to a weekly day of rest of at least 24 consecutive hours. Under the Central Rules, this ordinarily falls on Sunday for a six-day week and on Saturday and Sunday for a five-day week.
• Work on a designated weekly holiday is treated as overtime for pay purposes.

Does the 48-hour limit apply to IT, BPO and white-collar staff?

It depends on whether the establishment and the individual are covered. The Code applies to “employees” and “workers” in covered establishments. Managerial and supervisory staff are treated differently in some provisions, and sector-specific exemptions and special rules exist. The fact that someone is salaried or senior does not automatically take them outside the limits. Job titles are not decisive; the nature of duties and the applicable definitions are.

Employer compliance checklist

• Identify whether Central or State rules govern each establishment
• Update employment contracts, handbooks and shift rosters to reflect 8/48 limits
• Define spread-over and rest interval policy
• Obtain and store written overtime consent
• Configure payroll for 2x overtime and quarterly cap tracking
• Maintain attendance and overtime records (electronic records are permitted under the Code)
• Review any four-day compressed-week proposal with counsel
• Re-check state rules each quarter, as they are still evolving

Employee rights: what to do if your hours exceed the limit

• Keep a record of your actual hours (messages, logins, rosters).
• Check whether you gave consent to overtime and whether it was paid at the double rate.
• Raise the issue in writing with HR.
• You may approach the Inspector-cum-Facilitator or the labour authorities under the Code.
• Consult a labour lawyer before resigning or signing a settlement.

What the law has not yet settled

The OSH Code and Central Rules have been in force for less than a year. We are not aware of any reported Supreme Court or High Court judgment that has yet interpreted the Code’s working-hours and overtime provisions in detail. Questions still open include how “ordinary rate of wages” will be computed in practice, how courts will treat compressed-week arrangements, and how state rules will reconcile with the Central Rules. This article will be updated as the law develops.

Frequently asked questions

Sources and further reading

• Press Information Bureau factsheet on the OSH Code, 2020: https://www.pib.gov.in/FactsheetDetails.aspx?id=150475&NoteId=150475&ModuleId=16&reg=3&lang=2
• Ministry of Labour and Employment FAQs on the OSH Code (January 2026): https://www.labour.gov.in/static/uploads/2026/01/fb8c6466d0d6a7ed581bcb2bee34694c.pdf
• PRS Legislative Research, OSH Code and Draft Rules: https://prsindia.org/billtrack/draft-rules-under-occupational-safety-health-and-working-conditions-code-2020
• Acuity Law, FAQs on the OSH Code and Central Rules, 2026: https://acuitylaw.co.in/faqs/faqs-on-the-occupational-safety-health-and-working-conditions-code-2020-and-the-occupational-safety-health-and-working-conditions-central-rules-2026/