Hours of Work; Weekly and Annual Leave with Wages — Labour Law II Notes

Hours of Work; Weekly and Annual Leave with Wages

The very first ILO Convention in 1919 fixed the eight-hour day — the idea that a worker’s day is split three ways: eight to work, eight to rest, eight to live. The OSH Code carries that promise into hours-of-work and leave rules.

Working hours, weekly rest and earned leave (Sections 25–33)

Daily and weekly hours (Section 25) — no worker may be required or allowed to work beyond the prescribed daily and weekly limits (the familiar 8-hour day / about 48-hour week), with a spread-over limit.
Weekly holiday — one paid day of rest in the week; work on a rest day requires a substituted holiday.
Overtime (Section 27) — work beyond the limits is paid at twice the ordinary rate of wages, with the worker’s consent and within a cap.
Night shifts and prohibition of overlapping shifts (Sections 28–29) — rules to protect night workers and prevent double-shifting.
Restriction on double employment (Section 30) — a worker cannot be made to work in two establishments on the same day beyond limits.
Annual leave with wages (Section 32) — a worker who has worked a qualifying period earns one day of paid leave for every 20 days worked in the year (a lower ratio for young persons); unused leave can be carried forward up to a cap, and leave wages are paid at the ordinary rate.

Section 25(1), OSH Code 2020 (in brief): “No worker shall be required or allowed to work, in any establishment … for more than [the prescribed] hours … [and shall have] a day of rest in the week …”

In Simple Terms: Work is capped per day and week; one paid weekly holiday; overtime at double wages; and paid annual leave earned at roughly one day per 20 days worked, carriable forward.

🧩 WORKED EXAMPLE — computing annual leave

Facts. A worker has actually worked 240 days in the year.

Rule. An adult worker earns one day of paid annual leave for every 20 days worked (s.32).

Apply. 240 ÷ 20 = 12 days of paid annual leave for the next year, at the ordinary rate of wages, carriable forward up to the cap.

Conclusion. He is entitled to 12 days’ leave with wages; unused days carry over.

flowchart TD
    ROOT["Hours & leave (ss.25-33)"]:::root
    ROOT --> H["Daily/weekly hour caps + spread-over (s.25)"]:::leaf
    ROOT --> WK["One paid weekly holiday"]:::leaf
    ROOT --> OT["Overtime at twice wages (s.27)"]:::leaf
    ROOT --> AL["Annual leave: 1 day per 20 worked (s.32), carry-forward"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Hindustan Times Ltd v Their Workmen (1962) — statutory leave and related monetary benefits are enforceable rights of workmen, to be honoured by the employer.

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