The OSH Code
The OSH Code and its rules decide how long people can work, when they must rest, and what a safe and fair workplace looks like. After the 4-day-week headlines, many HR teams are unsure what has really changed. This blog sticks to what the notified Central Rules say.
The OSH Code and its rules decide how long people can work, when they must rest, and what a safe and fair workplace looks like. After the 4-day-week headlines, many HR teams are unsure what has really changed. This blog focuses on the notified Central Rules and the requirements employers should review.
1. Working Hours and Rest
- Daily and weekly limits: Review the applicable daily working-hour limit and the 48-hour weekly limit.
- Weekly rest: Provide the prescribed weekly rest day in accordance with the applicable rules and shift arrangements.
- Work on a rest day: Where permitted, provide a substitute rest day in accordance with the applicable rules.
- Consecutive working days: Verify the applicable limits on consecutive working days and rest intervals against the notified rule text.
- Flexible working patterns: Any arrangement involving fewer, longer working days must comply with applicable daily and weekly limits, rest requirements, overtime provisions and other statutory conditions.
2. Overtime
- Overtime payment: Pay overtime at the prescribed rate, including the applicable double-rate requirement, where required by law.
- Payment timeline: Process overtime wages within the applicable statutory wage period.
- Quarterly limit: Verify the applicable quarterly overtime ceiling and any conditions or exceptions under the notified rules.
- Record maintenance: Maintain the prescribed wage, attendance and overtime registers.
Illustration: Consider a worker earning ₹40,000 per month, using a divisor of 208 hours for this example. The calculated hourly rate is approximately ₹192.31, making the double-rate overtime amount approximately ₹384.62 per hour. For 6 overtime hours, the illustrative payment is approximately ₹2,307.69.
At 144 overtime hours, the illustrative amount would be approximately ₹55,385. Actual overtime calculations must follow the applicable statutory definition of wages, normal-rate calculation, eligibility requirements and overtime limits.
If your organisation routinely approaches its applicable overtime ceiling, review workforce planning, shift allocation and staffing requirements.
3. Women on Night Shifts
Employers should verify the applicable rules governing the employment of women during night shifts and ensure that all prescribed safeguards are implemented.
- Obtain written consent wherever required.
- Arrange prescribed transportation between the employee's residence and workplace wherever applicable.
- Display emergency contact numbers prominently within the establishment as required by the applicable rules.
Employers should also support these measures with POSH awareness, adequate lighting, appropriate security arrangements and an effective emergency response process.
4. Creche and Nursing Breaks
- Creche facilities: Review the applicable statutory threshold, facility requirements, permitted alternatives and any prescribed allowance under the relevant rules.
- Creche arrangements: Verify the applicable requirements for location, trained staff, safety, CCTV and emergency arrangements before implementing a facility or alternative arrangement.
- Nursing breaks: Provide nursing breaks in accordance with the applicable maternity benefit provisions and rules.
- Eligibility threshold: Confirm the employee headcount threshold and other conditions applicable to your establishment and state.
5. Health, Safety and Welfare
- Health examinations: Arrange prescribed health examinations for eligible workers in notified categories, subject to the applicable age, occupation and establishment requirements.
- Workplace facilities: Review requirements concerning cleanliness, ventilation, lighting, drinking water, sanitation, washing facilities and canteens.
- Appointment letters: Use the prescribed appointment-letter format and include the required Labour Identification Number (LIN), Universal Account Number (UAN) and other prescribed particulars, wherever applicable.
- Contractor licensing: Check the licensing requirements applicable to contractors operating across states and the relevant establishment categories.
6. Shift-Policy Checklist
Use the following checklist to review shift scheduling, attendance management and workplace safety procedures.
- Define standard shifts and weekly-off patterns for each site.
- Document the process for rest-day work and substitute rest days.
- Establish an overtime approval workflow and configure alerts before the applicable quarterly limit is reached.
- Prepare night-shift consent forms and transportation schedules wherever required.
- Display statutory notices in the languages and formats prescribed by the applicable rules.
- Generate a monthly report identifying employees approaching consecutive-working-day limits.
- Train supervisors to follow shift schedules, rest requirements, overtime procedures and safety protocols consistently.
Frequently Asked Questions (FAQs)
The Occupational Safety, Health and Working Conditions Code aims to regulate workplace safety, health, welfare and working conditions. It establishes obligations intended to reduce occupational hazards and protect eligible workers in covered establishments.
Employers have key responsibilities for workplace safety and statutory compliance. Depending on the applicable provisions, they must provide a safe working environment, maintain required facilities, implement safety measures and fulfil prescribed reporting and record-keeping obligations.
Employers should maintain applicable attendance, working-hours, wage, overtime, health and safety records, together with prescribed registers, notices and statutory documentation. The exact records, formats and retention periods depend on the applicable Central Rules, State Rules and establishment-specific requirements.
Penalties and other legal consequences depend on the nature of the violation and the applicable statutory provisions. Employers should review their obligations, maintain accurate records and address identified compliance gaps promptly.
Conclusion
Working-hours and rest-day requirements can create compliance issues when attendance data, shift schedules and overtime approvals are not reviewed regularly. A weekly report from your attendance system can help identify employees approaching applicable limits, missed rest days and recurring overtime.
Review your shift policies against the applicable OSH Code, notified Central Rules, State Rules and relevant exemptions. Ensure that supervisors understand the requirements and that the organisation maintains appropriate records to demonstrate compliance.