Rest Breaks, Spread-Over and the Weekly Off Under the OSH Code: What the Central Rules Actually Fix
A worker may work up to 8 hours a day and 6 days a week under the OSH Code. A May 2026 Central Government notification requires a break of at least 30 minutes after 5 hours of continuous work. The Central Rules cap the week at 48 hours and overtime at 144 hours a quarter, but no spread-over limit.
Shift rosters break on the small rules: how long someone can work before a break, how long the working day can stretch, and what happens when the weekly off is worked. Much of what circulates online about "12-hour spread-over" comes from the 2020 draft rules, not the final ones. This post sets out what the Occupational Safety, Health and Working Conditions Code, 2020 and the notified central instruments actually say.
The numbers that are fixed
| Rule | Limit | Where it comes from |
|---|---|---|
| Daily hours | 8 hours a day | Section 25(1)(a), OSH Code |
| Weekly hours | 48 hours a week | Rule 64(1), OSH (Central) Rules, 2026 |
| Continuous work | Not more than 5 hours without a break | S.O. 2517(E), 13 May 2026, under section 25(1)(b) |
| Rest interval | At least 30 minutes | Same notification |
| Days of work | Not more than 6 days in a week | Section 26(1) |
| Overtime rate | Twice the ordinary wage | Section 27, Rule 69 |
| Overtime cap | 144 hours in a quarter | Rule 69, proviso |
| Overtime consent | Required from the worker | Section 27, proviso |
The OSH (Central) Rules, 2026 were notified on 8 May 2026 as G.S.R. 345(E). They apply where the Central Government is the appropriate government. Most factories, shops and private offices fall under state governments, so check your state's OSH rules as well.
Spread-over: what is and is not settled
Spread-over is the span from the start of work to the end of work in a day, including breaks. Section 25(1)(b) says the period of work each day shall be fixed with such intervals and spread-overs as the appropriate government notifies.
- ✓The 2020 draft central rules proposed a spread-over of 12 hours including rest intervals.
- ✓In the text of the final OSH (Central) Rules, 2026 that we checked, Rule 64 sets only the 48-hour week. We found no general spread-over figure in Chapter VII.
- ✓The May 2026 notification under section 25(1)(b) deals with continuous work and rest, not spread-over.
So, for central-sphere establishments, there is no notified spread-over cap that we could confirm. For state-sphere establishments, look for the figure in your state's rules. Until one is notified, many employers keep the old Factories Act limit of 10.5 hours as a safe practice, though it is no longer law.
Rest intervals
The rule since May 2026 is simple: no worker can be required or allowed to work more than five hours at a stretch without a rest interval of at least half an hour.
- ✓A break of 15 minutes does not meet it.
- ✓An 8-hour shift needs at least one 30-minute break placed before the fifth hour ends.
- ✓A shift of more than 10 hours of work needs at least two breaks.
Weekly holiday and compensatory holidays
- ✓Six days. Section 26(1) bars work on more than six days in any week. Motor transport undertakings may call workers on a weekly holiday, but not for more than 10 days in a row without a whole day off.
- ✓Exemptions. The appropriate government can exempt workers from the six-day rule by notification. Where an exemption costs a worker a weekly holiday, an equal number of compensatory holidays must be given in that month or the two months after it (section 26(3)).
- ✓Notices. Rule 67 requires a notice of the weekly holiday at the workplace (an electronic board is fine), in Hindi or English and the local language. Rule 68 requires that no more than two compensatory holidays fall in one week (except continuous technical processes), a notice of the following month's compensatory holidays by month end, at least three days' notice of any change, and that any pending compensatory holiday be given before discharge.
- ✓Night shifts. For a shift that crosses midnight, the weekly holiday means 24 consecutive hours starting when the shift ends (section 28).
A worked example
A Hosur garment unit runs a single day shift for its cutting section. In a peak week, a cutter on ₹15,600 a month works 9 hours a day for 6 days.
Daily timetable:
- ✓8: 00 to 13:00: work (5 hours, the maximum at a stretch)
- ✓13: 00 to 13:30: rest interval
- ✓13: 30 to 17:30: work (4 hours)
- ✓Spread-over: 8:00 to 17:30 = 9.5 hours
Overtime for the week:
- Hours worked: 9 × 6 = 54 hours
- Over the 48-hour week: 54 − 48 = 6 hours (also 1 hour a day over the 8-hour day, so the same 6 hours either way)
- Daily wage under Rule 69(3): ₹15,600 ÷ 26 = ₹600
- Ordinary hourly rate: ₹600 ÷ 8 = ₹75
- Overtime rate: ₹75 × 2 = ₹150
- Overtime pay: 6 × ₹150 = ₹900, paid with that wage period
If peak lasts all 13 weeks of the quarter, overtime is 6 × 13 = 78 hours, inside the 144-hour quarterly cap.
Common mistakes
- ✓Running a 6-hour stretch before lunch because "the shift is only 8 hours".
- ✓Treating a worked Sunday as overtime only, with no compensatory holiday where an exemption was used.
- ✓Relying on the 12-hour spread-over from the draft rules in a roster or policy.
- ✓Taking overtime without written consent.
Frequently asked questions
Is a tea break of 15 minutes enough after 5 hours?
No. The May 2026 notification requires a rest interval of at least 30 minutes after five hours of continuous work.
Can we roster seven straight days if the next week has two offs?
Not without an exemption. Section 26(1) bars work on more than six days in any one week.
Do the Central Rules apply to my factory?
Only if the Central Government is your appropriate government. Most private factories come under the state, so the state's OSH rules apply.
Is the 12-hour spread-over in force?
It was proposed in the 2020 draft. We could not find it in the final central rules, so check your state's rules before relying on any spread-over figure.
Sources
- ✓Occupational Safety, Health and Working Conditions Code, 2020 (Gazette text, sections 25 to 28), Ministry of Labour and Employment
- ✓OSH (Central) Rules, 2026, G.S.R. 345(E), Ministry of Labour and Employment
- ✓Occupational Safety, Health and Working Conditions Code, 2020 (sections 25 to 28), PRS India
- ✓S.O. 2517(E): notification on hours of work and rest interval, TaxHeal
- ✓Govt notifies maximum continuous working hours under the OSH Code, Taxmann
- ✓OSH (Central) Rules, 2026, full text, TaxHeal
This is a summary, not legal advice. Confirm your state's OSH rules and any exemption with the state labour department or on egazette.gov.in before changing shift rosters.
Written by
HR Manager, Airwix Technologies (Sleet)
Nihit Dobariya is the HR Manager at Airwix Technologies in Ahmedabad, where he runs HR and payroll for the team behind Sleet. He writes about payroll, PF and ESIC, professional tax, the labour codes and everyday HR practice for Indian employers, and checks each rule against the official notification before it is published.
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