1. The 48-Hour Weekly Cap #
The absolute limit for “normal” work is 48 hours per week. While the government has allowed flexibility in how these hours are spread out, the weekly total cannot exceed 48 without triggering overtime pay.
- The 12-Hour Shift Option: Employers can now implement a 4-day work week (12 hours per day). However, if you work a 5-day or 6-day week, your daily hours are typically capped at 9 hours.
- Spread-over Time: Your total time spent at the workplace (including lunch and rest breaks) cannot exceed 12 hours in a day.
- The Rest Interval: You are legally entitled to a 30-minute break after every 5 hours of continuous work.
2. Overtime: The “Double Pay” Mandate #
Under the Code on Wages, 2019, the rule for overtime is simple: 1 Hour of Overtime = 2 Hours of Regular Pay.
| Category | Legal Limit / Rule |
| Overtime Trigger | Any work beyond 9 hours/day or 48 hours/week. |
| Rate of Pay | Twice (200%) of your “Ordinary Rate of Wages.” |
| Maximum Overtime | Capped at 125 hours per quarter (3 months) in most states. |
| Weekly Limit | Total hours (Regular + Overtime) cannot exceed 60 hours in a week. |
Note on “Wages”: For overtime calculation, “wages” include your Basic Pay + Dearness Allowance (DA). It usually excludes HRA, bonuses, and employer PF contributions.
3. The 15-Minute “Rounding” Rule #
One of the most employee-friendly updates in 2026 is how extra minutes are counted. Employers can no longer ignore “short” stays:
- 15 to 30 Minutes: If you work extra for more than 15 minutes but less than 30, it must be counted as 30 minutes of overtime.
- More than 30 Minutes: If you work more than 30 minutes, it is rounded up to 1 full hour.
4. Who is Eligible? (Exemptions) #
Not everyone is entitled to statutory overtime pay under the 2026 codes:
- Eligible: All blue-collar workers, clerical staff, and non-managerial employees in factories, shops, and mines.
- Exempt: Most Managerial and Supervisory staff are excluded from statutory overtime. If your role involves hiring, firing, or high-level decision-making, your compensation is generally considered “all-inclusive” unless your contract states otherwise.
5. Rules for Women Workers #
The 2026 laws promote gender equality while ensuring safety:
- Night Shifts: Women can work night shifts (7 PM to 6 AM) provided the employer ensures safe transport and a secure working environment.
- Consent: Work during night hours or overtime requires the explicit consent of the woman employee; it cannot be forced.
6. Step-by-Step Action Plan: If You Aren’t Being Paid #
- [ ] Step 1: Check Attendance Records. Ensure your “Punch-in/Punch-out” times are accurately reflected in the company’s digital logs.
- [ ] Step 2: Calculate the Dues. Use the formula:$$\text{Overtime Pay} = \left( \frac{\text{Monthly Basic + DA}}{26 \times \text{Daily Hours}} \right) \times 2 \times \text{OT Hours}$$
- [ ] Step 3: Internal Grievance. Submit a formal request to HR. Under the new codes, companies must maintain an Overtime Register (Form 10) which you have a right to verify.
- [ ] Step 4: The SAMADHAN Portal. If the company refuses, file a dispute on the SAMADHAN portal. The Inspector-cum-Facilitator can penalize the company up to ₹1 Lakh for first-time wage violations.
7. The Official Proof (For Authority) #
“No worker shall be allowed to work in an establishment for more than forty-eight hours in any week.”
Code on Wages, 2019 (Section 14):
“Where an employee… works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess, at the overtime rate which shall be less than twice the normal rate of wages.”
OSH Code, 2020 (Section 25):
“No worker shall be allowed to work in an establishment for more than forty-eight hours in any week.”
