Introduction

Background: Shift from Colonial Labour Laws to the New Labour Codes

For more than 70 years, India’s labour system operated under a fragmented set of colonial-era laws—over 40 central labour legislations and nearly 100 state laws. These laws were often overlapping, inconsistent, and too outdated for the modern workforce. To create a unified and simplified framework, the Government of India consolidated these regulations into four major Labour Codes:

1. Code on Wages, 2019
2. Industrial Relations Code, 2020
3. Occupational Safety, Health and Working Conditions (OSH) Code, 2020
4. Code on Social Security, 2020

These Codes aim to streamline compliance for employers and enhance rights and protections for workers. Among these reforms, working hours became one of the most debated areas—primarily because of widespread news and social media discussions claiming that the government was permitting 12-hour workdays.

Why Working Hours Became a Central Controversy

Shortly after the release of the draft rules, headlines began circulating that the new Labour Codes would legally allow employers to make employees work 12 hours per day. This generated a strong public reaction, especially among trade unions, blue-collar workers, and gig workers. Many people feared:

• Longer working hours
• Reduced weekly rest
• Higher levels of fatigue and safety risks
• Exploitation under the guise of “flexibility”

However, most of these concerns stemmed from misinterpretation of the OSH Code provisions and incomplete news coverage.

In reality, the Codes do not permit increasing daily working hours to 12 without limitations. Instead, what they introduce is a system allowing greater flexibility in how the legally-mandated 48 weekly hours may be scheduled, while still protecting overtime rights, weekly holidays, and safety conditions. Understanding this difference is essential for interpreting the Codes correctly.

Core Question: Do the Labour Codes Really Allow a 12-Hour Workday?

This article explains—in simple, factual, legally accurate terms—whether the Labour Codes actually allow 12-hour workdays, and if so, under what conditions. It breaks down:

• What the OSH Code actually says
• Daily vs. weekly limits
• Rules on overtime
• Rest intervals
• Employer obligations
• Whether workers can be forced into 12-hour shifts
• Whether the new system makes workers better or worse off

By the end, readers will clearly understand what is allowed, what is not, and how the new labour framework affects working hours in India.

Overview of the Four New Labour Codes

To simplify India’s complex labour framework, the Central Government consolidated more than 40 central laws into four comprehensive Labour Codes. Each Code addresses a specific aspect of employment, wages, safety, or social security. Understanding these Codes is crucial before assessing how working hours—especially the alleged “12-hour workday”—fit into the new legal structure.

Code on Wages, 2019

The Code on Wages consolidates four earlier laws:

• Payment of Wages Act, 1936
• Minimum Wages Act, 1948
• Payment of Bonus Act, 1965
• Equal Remuneration Act, 1976

Key highlights:

• Universal applicability of minimum wages to all employees.
• Concept of floor wage set by the Central Government.
• Uniformity in wage definitions across all labour laws.
• Clear rules for timely payment of wages and overtime calculation.

Although the Code on Wages does not directly deal with working hours, its definition of “wages” is used to calculate overtime under the OSH Code.

Occupational Safety, Health and Working Conditions (OSH) Code, 2020

This Code merges 13 older laws such as the Factories Act, Mines Act, Contract Labour Act, Inter-State Migrant Workmen Act, and more.

Key highlights related to working hours:

• Sets standards for daily and weekly working hours.
• Allows flexible work schedules while enforcing strict limits.
• Mandates rest intervals, overtime pay, and weekly off.
• Provides special protection for women workers and night shifts.
• Requires employers to ensure workplace health and safety.

This Code is the main statute governing working hours, which is why it lies at the centre of the “12-hour workday” debate.

Industrial Relations Code, 2020

This Code consolidates:

• Trade Unions Act, 1926
• Industrial Employment (Standing Orders) Act, 1946
• Industrial Disputes Act, 1947

Key highlights:

• Simplifies rules on strikes, lockouts, and dispute resolution.
• Mandates standing orders for establishments with 300+ workers.
• Allows fixed-term employment with equal benefits.
• Provides frameworks for layoffs, retrenchment, and closure.

While the Industrial Relations Code doesn’t set working hours, it influences employment conditions and employer–employee negotiations related to shifts.

Social Security Code, 2020

This Code merges nine laws related to social welfare, such as:

• EPF Act, 1952
• ESI Act, 1948
• Maternity Benefit Act, 1961
• Unorganised Workers’ Social Security Act, 2008

Key benefits:

• Extensive social security coverage for gig workers, platform workers, and unorganised workers.
• Clear provisions on maternity benefits, insurance, and pension.
• Universal registration of workers through a single database.

Though not directly connected to working hours, this Code impacts workers' overall welfare and compensation.

Legal Framework on Working Hours

To understand whether the new Labour Codes allow a 12-hour workday, it is essential to compare earlier laws with the provisions under the OSH Code.

Previous Provisions Under the Factories Act, 1948

Before the Labour Codes, working hours were mainly governed by the Factories Act, 1948, which stated:

• Maximum 9 hours per day
• Maximum 48 hours per week
• Minimum half-hour rest after 5 hours
• Overtime paid at twice the normal wage
• Spread-over (total time spent at workplace including breaks) capped at 10.5 hours, extendable to 12 hours with government approval.
• Limits for women and young workers.

These provisions were strict and could not be altered easily. Employers had little flexibility in arranging shifts, especially in manufacturing, healthcare, transportation, or continuous-process industries.

Working-Hour Provisions Under the OSH Code, 2020

The OSH Code retains the 48-hour weekly limit, but it introduces flexibility in daily scheduling. The key sections are:

• Section 25 – Daily working hours
• Section 26 – Weekly working hours
• Section 27 – Overtime
• Section 28 – Spread-over
• Rule-making powers for state governments

What the OSH Code states:

• Daily working hours must be predetermined by the appropriate government (usually 8–12 hours depending on state rules).
• Weekly limit cannot exceed 48 hours.
• Overtime must be paid at twice the wage rate.
• Spread-over can be extended to 12 hours, but rest intervals are mandatory.
• No worker can be forced to work overtime.

This is where the idea of “12-hour workdays” comes from—because the Code allows states to frame rules permitting a 12-hour shift with breaks, as long as the weekly total does not exceed 48 hours.

Daily vs Weekly Limits Under the New Code

Under the OSH Code:

Daily Limit

• Can vary between 8 to 12 hours depending on state rules.
• Includes work hours + rest intervals within the same spread-over.

Weekly Limit

• Fixed at 48 hours across India.
• This limit cannot be exceeded under any circumstance.
• If exceeded, every extra hour becomes compulsory overtime.

Practical Example:

If a worker does a 12-hour shift, they must be compensated with:

• Longer weekly off, or
• Fewer working days (e.g., 4 days × 12 hours = 48 hours)
• Mandatory overtime for anything above 48 hours

Thus, a 12-hour shift does not mean 72-hour weeks. It only rearranges the same 48 weekly hours into bigger chunks.

The “48-Hour Week” Rule: The Non-Negotiable Limit

The 48-hour limit is the backbone of the OSH Code. No employer can legally exceed it without paying overtime. No notification, amendment or rule allows bypassing this limit. This is why experts say: “The Labour Codes do not legalise 12-hour workdays — they only allow flexibility within a 48-hour week.”

Are 12-Hour Workdays Allowed?

The question “Do the new Labour Codes allow a 12-hour workday?” has generated confusion among workers, employers, and the media. To answer it correctly, we must understand how the OSH Code frames working hours, spread-over, and state-level flexibility.

Explanation of 12-Hour Shifts

Under the OSH Code, the central weekly limit of 48 hours remains intact. However, the Code gives state governments the power to frame rules on how these 48 hours are distributed across the days of the week. This is what gives rise to the idea of 12-hour shifts.

A 12-hour shift typically includes:

• Actual working hours (e.g., 8–9 hours)
• Rest intervals (1–1.5 hours)
• Idle time, waiting time, or preparatory work
• Everything combined within a 12-hour “spread-over” frame

Thus, a “12-hour shift” does NOT mean a worker performs 12 hours of continuous work.
It means the worker remains at the establishment for 12 hours including breaks.

“Spread-Over” vs “Actual Working Hours”

These are two separate concepts:

Actual Working Hours

This refers to:

• Time spent doing productive work
• Excludes breaks, lunch intervals, and rest pauses
• Traditionally under the Factories Act: Maximum 9 hours per day.
• Under the OSH Code: States are allowed to prescribe 8–12 hours per day depending on their rules.

Spread-Over

Spread-over means:

• Total time from the beginning to the end of the shift
• Includes all breaks, rest intervals, and waiting time

Under the OSH Code:

• Spread-over is capped at 12 hours maximum (including breaks).
• States may allow flexibility through rules.

This is the key point: A 12-hour spread-over does not necessarily mean 12 hours of work.

Role of State Governments in Extending Daily Hours

Under the OSH Code, working-hour rules can vary state-to-state because the Code gives “appropriate governments” the power to:

• Fix the daily working hours
• Extend spread-over beyond 10.5 hours (up to 12)
• Permit 4-day workweeks with longer daily shifts
• Determine rules for overtime, night shifts, and rest intervals

This is why states like Karnataka, Gujarat, Uttar Pradesh, Assam, and Madhya Pradesh issued draft rules allowing:

• 12-hour daily shifts (with breaks)
• 4-day workweek models
• 48-hour weekly cap
• Mandatory overtime payment

Thus, the central law provides the framework, while states control the specifics.

How Employers Balance Weekly and Daily Limits

Even if a state allows 12-hour shifts, employers must strictly follow the 48-hour week rule.

Here is how employers usually adjust:

Model 1: 4-Day Week with 12-Hour Shifts

• 12 × 4 = 48 hours
• 3 weekly holidays
• Popular in IT, manufacturing, and 24×7 industries

Model 2: 5-Day Week with 9.5-Hour Shifts

• 9.6 × 5 = 48 hours
• 2 weekly holidays

Model 3: 6-Day Week with 8-Hour Shifts

• 8 × 6 = 48 hours
• 1 weekly off

Model 4: 12-Hour Shift with Overtime

If a worker does:

• 12 hours × 5 days = 60 hours

Then:

• 12 hours are automatically overtime, paid at 2× wages

Employers cannot escape the overtime requirement.

Overtime Provisions Under the Labour Codes

The OSH Code preserves the core overtime protections from the Factories Act, but with greater clarity and nationwide uniformity.

Definition of Overtime

Under the OSH Code, overtime means: Any work done beyond the daily or weekly working-hour limits prescribed by the government.

This includes:

• Extra hours in a day
• Extra hours in a week
• Work on designated weekly holidays
• Emergency work in continuous-process industries

Overtime Wage Rate

Across India, the rule is uniform: Overtime must be paid at twice the normal wage rate (2×).

This is calculated using the wage definition under the Code on Wages, ensuring that:

• Basic pay
• DA
• Retaining allowances

Are included, while certain allowances are excluded as per law.

Employers are legally prohibited from:

• Offering “compensatory leave” in place of overtime
• Negotiating overtime at lower rates
• Misclassifying workers to avoid overtime payments

Maximum Overtime Hours Allowed

The OSH Code itself does not prescribe a national overtime limit. Instead, it allows states to set maximum limits through rules. Most states’ draft rules provide:

• Maximum 125–150 hours of overtime per quarter, or
• Up to 100 hours of overtime per month in specific industries
• Emergency overtime with special government approval

However, regardless of state limits: The 48-hour weekly limit cannot be diluted. Any work beyond it is compulsory overtime.

Protection Against Forced Overtime

The Labour Codes contain explicit protections:

• Workers cannot be forced to do overtime.
• Overtime must be voluntary, not coercive.
• Workers must be informed in advance.
• Employers must maintain accurate attendance and overtime records.
• Labour inspectors can penalize employers for violations.

Women workers also have:

• Protection from late-night forced overtime
• Mandatory safety and transport arrangements

The Codes strike a balance between operational flexibility and worker safeguards.

Sector-Wise Impact of Extended Shifts

The introduction of flexible working-hour structures—especially the possibility of 12-hour shifts with a 48-hour weekly cap—has very different implications across industries. Some sectors welcome the flexibility, while others express strong concerns about feasibility, safety, and long-term worker welfare.

Manufacturing and Factory Work

Manufacturing units, especially those in automobiles, textiles, chemicals, steel, and electronics, are among the most affected.

Positive Impacts

• Smoother shift scheduling: Longer shifts mean fewer handovers and reduced downtime.
• Reduced weekly commute: In a 4-day week model, workers spend less on transport.
• Better utilisation of heavy machinery: Continuous-process industries benefit significantly.

Negative Impacts

• Physical strain: Factory jobs involve manual labour; long shifts may cause fatigue and injuries.
• Accident risk: Studies show accident rates rise sharply after 9–10 hours of work.
• Potential misuse: If employers push for near-daily 12-hour shifts, overtime exploitation becomes a risk.

Manufacturing is expected to adopt extended shifts widely—but only where automation, safety systems, and fatigue management procedures exist.

Gig and Platform Economy

Gig workers—such as delivery partners, drivers, and freelance service providers—are technically independent contractors, not “employees.” Thus, the Labour Codes apply to them only through specific Social Security provisions.

Practical Impact

• Platforms could structure incentives that indirectly encourage 12-hour workdays.
• Gig workers already work long hours to meet earnings targets; the Codes do not fully regulate their daily working limits.
• The Social Security Code proposes welfare schemes, but “work-hour protections” remain largely absent.

This remains one of the grey areas in India’s labour reforms.

IT/ITES and Corporate Offices

The IT and corporate sector prefers flexible time, not long hours—but the Codes offer options for both.

Likely Outcomes

• Adoption of 4-day workweek models is more likely in tech companies.
• Remote and hybrid workplaces may use “spread-over flexibility” to align with global time zones.
• Night shift protections for women remain mandatory, with safety and transport provisions.

Concerns

• Without strict enforcement, salaried employees may face “hidden overtime” due to project deadlines.
• Long screen hours lead to digital fatigue, stress, and burnout.

Shops and Establishments

Retail, hospitality, malls, and food services operate long hours and welcome flexibility.

Impacts

• Employers may adopt 12-hour shifts with rotational weekly offs, especially during festivals or high-traffic seasons.
• Small shops may misuse flexibility by overworking staff without proper overtime records.

Mitigation

• State Shops and Establishments Rules often impose strict limits, ensuring workers receive:
  • weekly holidays
  • overtime wages
  • record-keeping protections
  • restrictions on women’s late-night shifts

This sector may experience the most widespread implementation of extended shifts due to customer-driven business hours.

Employer Flexibility vs Worker Protection

The new Labour Codes attempt to modernise India’s labour market. But this modernisation has a delicate balance: business flexibility vs worker dignity and safety.

Advantages for Employers

• Ability to choose between 4-day, 5-day, or 6-day models
• Easier shift scheduling
• Higher productivity through extended operations
• Fewer shift transitions, reducing inefficiencies
• Greater suitability for global supply chains and 24×7 operations

This aligns with India’s goals of improving Ease of Doing Business and attracting foreign investment.

Risks to Work-Life Balance

While flexibility benefits employers, daily 10–12 hour spread-overs may affect workers negatively:

• Less time for family and social life
• Reduced rest between long shifts
• High stress due to commute + long work hours
• Disturbed sleep cycles

A 4-day week only benefits workers if the employer genuinely implements 48 hours without extending them informally.

Fatigue, Safety, and Health Concerns

Long shifts are associated with:

• Fatigue and decreased alertness
• Higher accident rates (especially in manufacturing and transport)
• Stress, anxiety, burnout
• Increased long-term risks of cardiovascular diseases
• Reduced productivity after 9–10 hours of continuous engagement

Industries like mining, shipping, and chemicals require strict monitoring because errors can be fatal.

Criticism from Trade Unions

Trade unions across India—including INTUC, AITUC, CITU, and others—criticise the extended shift flexibility on several grounds:

• It may “legitimise exploitation” by enabling near-daily 12-hour shifts.
• Insufficient safeguards to prevent coercion into overtime.
• The Codes reduce the role of labour inspectors through “self-certification,” risking enforcement gaps.
• They fear companies will convert flexibility into a de facto compulsory longer workday.

Unions argue the reforms prioritise employer convenience over worker well-being, especially in low-wage sectors.

Comparative International Perspective

India’s move toward flexible working-hour structures must be understood in the context of global labour standards. The debate around 12-hour shifts is not unique to India—most industrial nations have grappled with balancing productivity and worker well-being.

ILO Standards

The International Labour Organization (ILO) has long advocated for humane working conditions. The cornerstone is the Hours of Work (Industry) Convention, 1919 (C1), which sets:

• 8 hours per day
• 48 hours per week

These were revolutionary limits at the time, and remain global benchmarks. While the ILO allows flexibility, it requires:

• Compensatory rests
• Overtime pay
• Clear safeguards against coercion
• Worker participation in shift planning

India’s new Labour Codes maintain the 48-hour week, but the option of extending daily hours to 12 pushes the upper boundary of what the ILO considers ideal—though not illegal, since weekly limits remain intact.

Comparison with US, UK, EU Time Regulations

United States

• No national maximum daily hours.
• The Fair Labor Standards Act (FLSA) mandates overtime pay beyond 40 hours per week.
• Daily shifts of 10–12 hours are common in healthcare, transport, and manufacturing, provided weekly caps are respected.
• Strong overtime culture but weak protections against daily fatigue.

India’s model resembles the US in weekly flexibility, but has stricter daily monitoring.

United Kingdom

• Under the Working Time Regulations, 1998, the weekly limit is 48 hours averaged over 17 weeks.
• Daily work can extend up to 12 hours, depending on sectoral arrangements.
• Workers can “opt out” voluntarily from the 48-hour cap.

Compared to the UK, India’s rules are stricter because opt-outs are not allowed—48 hours is absolute.

European Union

The EU Working Time Directive mandates:

• 48-hour weekly limit
• 11 consecutive hours of daily rest
• At least 24 hours of uninterrupted weekly rest
• Maximum 8 working hours per 24 hours for night shift workers

The EU applies stronger rest and recovery norms than India, especially for hazardous sectors.

Where India Stands Globally

India’s working-hour standards are:

• Stricter than the US (which has no daily limit)
• More flexible than the EU/UK (which mandate rest periods and limit night work)
• Aligned with ILO weekly principles, though stretching the boundaries for daily shifts

India is attempting to position itself as a competitive global manufacturing hub by aligning with flexible international practices. However, without the EU-style mandatory rest protections, long shifts could disproportionately impact blue-collar and low-income workers.

State-Level Amendments and Ground Reality

India’s Labour Codes create a national framework, but state governments have wide discretion to tweak working hours. Several states issued notifications even before the Codes fully came into force, revealing how 12-hour shifts might operate on the ground.

Gujarat’s 12-Hour Shift Rules

Gujarat allowed extended working hours through notifications issued during:

• The COVID-19 lockdown period
• Industrial expansion phases post-2020

These rules permitted:

• 12-hour working days
• Without the requirement of immediate overtime compensation (which was widely criticised)

The Gujarat High Court later struck down some provisions, holding them unconstitutional and contrary to labour-welfare principles.

Karnataka, Uttar Pradesh, and Other States

Karnataka

In 2023, Karnataka amended the Factories Act rules to allow:

• 12-hour shifts with consent of employees
• A maximum 48-hour week
• Flexibility for 4-day work weeks

This created one of India’s most employee-friendly flexible-shift models.

Uttar Pradesh

UP allowed flexible working hours for industries such as electronics, retail, and manufacturing, especially in “industrial townships.” However:

• Overtime payments must still comply with double-wage rules
• Shift extensions require worker consent

Other States

States like Haryana, Madhya Pradesh, and Tamil Nadu explored similar amendments, tied to Ease of Doing Business reforms. The trend suggests that states are willing to adopt flexible systems, but face challenges in enforcement.

Judicial Interventions and Challenges

Courts across India have intervened when state notifications violated labour standards.
Key judicial concerns include:

• Failure to guarantee overtime wages
• Suspension of worker protections under the guise of “public emergency”
• Absence of safety norms for long shifts

High Courts have emphasised that economic convenience cannot override constitutional labour protections.

Compliance Issues After Code Implementation

Even after the introduction of the Labour Codes, several practical issues remain:

Lack of Clarity

• Rules differ widely across states.
• Many states have not yet notified their rules, making enforcement patchy.

Weak Monitoring Mechanisms

• “Self-certification” can reduce transparency.
• Inspector-cum-facilitators may not effectively control exploitation.

Worker Awareness Gaps

• Many workers are unaware of their overtime rights.
• Unorganised sectors remain vulnerable.

Employer Misuse

• Some employers may interpret flexibility as permission for routine 12-hour shifts.
• Documentation of hours remains poor in small establishments.

Government’s Justifications

The Government of India has strongly defended the flexibility introduced through the new Labour Codes, especially regarding working hours. To them, 12-hour shifts do not represent exploitation, but a modernisation of labour systems aligned with global production needs.

Ease of Doing Business

A major rationale is India’s ambition to become a global manufacturing hub, comparable to Vietnam, Indonesia, and China. Flexible work-hour rules, the government argues, will help:

• Reduce administrative hurdles for businesses
• Align factories with international production cycles
• Make it easier to adjust shifts based on demand
• Provide companies with more predictable labour scheduling

The idea is that labour compliance should not deter investment, especially in sectors like electronics, automobiles, and textiles.

Raising Productivity and Competitiveness

The Government believes longer, consolidated shifts can:

• Increase machine utilisation
• Reduce downtime between shift changes
• Permit smoother 24×7 operations
• Boost overall output

In industries where equipment runs continuously—steel, chemicals, pharma—12-hour shifts are seen as practical and cost-effective. Additionally:

• Some workers prefer fewer working days with longer shifts
• Industries gain the ability to cope with peak-load demands

The government claims the Labour Codes provide “flexibility without breaching the 48-hour weekly cap.”

Flexibility for Investors and Global Supply Chains

Global supply chains operate round the clock. To integrate more deeply, Indian firms need flexible working-hour structures to:

• Sync with international delivery timelines
• Fulfil urgent export orders
• Attract multinational companies seeking adaptable labour frameworks
• Compete with South and Southeast Asian manufacturing hubs

The government argues that rigid 8-hour daily caps hinder seamless operations, while controlled flexibility benefits all stakeholders.

Conclusion

What the Labour Codes Actually Permit

The new Labour Codes—especially the Occupational Safety, Health and Working Conditions (OSH) Code—do not explicitly permit a universal 12-hour compulsory workday. What they do allow is:

Flexible daily working hours, as long as

• the weekly limit of 48 hours is respected, and
• overtime is paid at twice the normal wage.

This means a 12-hour shift is legally possible only when spread-over time is included (breaks, waiting time, intervals), and when actual working hours still fall within the weekly 48-hour ceiling.

The Codes also give state governments wider powers to notify changes in daily working hours, which explains why some states—like Gujarat, Karnataka, and Uttar Pradesh—have already experimented with 12-hour shift models.

Why Clearer Rules Are Needed

Despite the intent to modernise labour laws, the ambiguity around working hours has generated fear and misinformation. For example:

• “12-hour days are now mandatory” — False
• “Employers can extend shifts without limits” — False
• “The Codes remove all worker protections” — False

The problem is not that the Codes allow unlimited hours, but that:

• They allow broad discretion to state governments.
• They leave key definitions (spread-over, intervals, flexible shifts) open to interpretation.
• They do not detail enforcement mechanisms for preventing misuse.

Clear, uniform rules on working hours are essential so that:

• Workers understand their rights
• Employers understand their obligations
• States cannot dilute protections casually
• Courts have clearer benchmarks for fairness and safety

Without explicit clarity, even well-intended reforms create confusion, anxiety, and resistance.

Balancing Efficiency with Worker Dignity

India is transitioning into a global manufacturing and service hub. This requires:

• Flexible working models to match global production cycles
• Predictable labour rules to attract investment
• Modern regulatory structures that simplify compliance

But economic growth cannot come at the cost of worker dignity. Any labour reform must ensure:

• Reasonable hours
• Adequate rest
• Safe working conditions
• Protection from exploitation
• Fair wages and overtime
• Recognition of physical and mental health

A 12-hour shift model may increase productivity in some industries, but it must always remain voluntary, regulated, paid fairly, and limited by weekly hour ceilings.

The future of India’s labour law framework depends on striking the right balance—efficiency for employers, but safety and dignity for workers.