New Labour Code on Working Hours: Can Companies Make You Work 12 Hours a Day?

With the introduction of India’s new Labour Codes, many employees and employers are asking an important question:

Can companies now legally ask workers to work 12 hours a day?

This topic has created confusion, especially on social media. As a labour law professional, it is important to clarify what the law actually says.

1. Which Law Talks About Working Hours?

The rule about working hours comes under the:

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

This Code is part of the new Labour Codes introduced to simplify and combine older labour laws.

2.  What Is the Maximum Working Time Allowed?

Under the new Code:

• The total working limit is still 48 hours per week
• The government may allow work shifts of up to 12 hours a day

So, the weekly limit remains the same, but the daily hours may be adjusted.

3. Does This Mean Everyone Must Work 12 Hours Daily?

No.

The law does not say that every employee must work 12 hours a day.

It only gives companies the option to plan work schedules differently, such as:

• 4 days a week × 12 hours
• 5 days a week × 9 hours
• 6 days a week × 8 hours

So, the purpose is flexibility, not compulsion.

 

4. Can Employers Force Employees to Work 12 Hours?

Legally speaking, employers cannot simply force employees to work longer hours without following rules.

If a company wants to introduce 12-hour shifts, it must ensure:

• Proper working conditions
• Rest breaks during the shift
• Weekly holidays
• Overtime payment
• Compliance with State Government rules

Any unfair imposition may be challenged under labour law principles.

 

 5. What About Overtime Pay?

This is a very important protection.

If an employee works beyond the normal working hours, the employer must pay:

Overtime wages at twice the normal rate

So, longer working hours cannot be taken for free.

 

6. Will Rest and Weekly Off Still Be Given?

Yes.

Even under the new Code, employees are entitled to:

• Breaks during working hours
• One weekly day off
• Limits on continuous working hours

So, it is not legal to make someone work 12 hours continuously without proper rest.

 

 7. Implementation Depends on State Rules

It is also important to note:

The Labour Codes are passed, but full implementation depends on:

• State notifications
• Final rules being issued
• Sector-wise application

So, the exact practice may differ from state to state.

8. Should Employees Be Worried?

At present, employees should understand:

·     The weekly limit is still 48 hours

·      12-hour shifts are not compulsory

·      Overtime must be paid

·      Rest and welfare safeguards remain

·      States will control the detailed implementation

The law aims to modernise labour regulations, but worker protection is still a key part of the framework.

 

The new Labour Codes do not give companies unlimited power to make employees work 12 hours daily. They only allow flexibility in structuring shifts, while maintaining safeguards like overtime pay and rest periods.

Both employers and employees should stay aware of their rights and duties under the upcoming rules.