The Occupational Safety, Health and Working Conditions Code, 2020 (commonly called the OSH Code) governs how, where, and under what conditions people work in India.
While the Code on Wages focuses on salary and the Industrial Relations Code focuses on job security, the OSH Code focuses on day-to-day working life:
- How many hours you can work
- How much rest and leave you are entitled to
- Whether women can work night shifts
- What safety standards employers must follow
- How gig and platform workers are protected
This code directly affects factories, offices, construction sites, warehouses, startups, and gig platforms.
In short: What is the OSH Code, 2020?
The Occupational Safety, Health and Working Conditions Code, 2020 is a labour law that:
- Consolidates multiple safety and working-condition laws
- Regulates working hours, rest, leave, and safety standards
- Applies to factories, offices, construction, mines, and other establishments
- Introduces protections for women and gig workers
- Clearly defines employer responsibilities
Its primary goal is simple:
Ensure safe, humane, and regulated working conditions across sectors.
Which old laws does the OSH Code replace?
The OSH Code merges 13 earlier labour laws, including:
- Factories Act, 1948
- Mines Act, 1952
- Contract Labour Act, 1970
- Inter-State Migrant Workmen Act, 1979
- Building and Other Construction Workers Act, 1996
Earlier, each industry followed separate safety and working-condition laws, leading to confusion and uneven enforcement.
The OSH Code creates one unified framework.
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Why was the OSH Code introduced?
To understand the need for this code, look at the problems with the old system.
Issues under earlier laws
- Different safety standards across industries
- Poor enforcement in unorganised sectors
- Lack of clarity on working hours
- Weak protection for women night-shift workers
- Almost no formal protection for gig workers
As work patterns changed, laws did not keep up.
What the OSH Code aims to fix
The OSH Code was introduced to:
- Standardise safety norms
- Regulate long working hours
- Improve working conditions
- Protect vulnerable workers
- Clearly define employer obligations
In short:
Safe work should not depend on the type of job or company size.
Working hours under the OSH Code (major focus area)
Working hours are the most searched and misunderstood part of the OSH Code.
Weekly working hour limit
Under the OSH Code:
- Maximum weekly working hours are capped at 48 hours
This cap applies across establishments unless specific exemptions apply.
Daily working hours and flexibility
The OSH Code allows:
- Flexible structuring of daily working hours
- Different shift patterns
- State governments to notify exact limits
This flexibility led to confusion around 12-hour workdays.
Does the OSH Code allow 12-hour workdays?
Yes, but with strict conditions.
What it means:
- Employees may work up to 12 hours in a day
- Only if weekly hours do not exceed 48
- Rest periods and overtime rules must apply
- State government rules must permit it
What it does not mean:
- Forced 12-hour daily work
- Removal of overtime pay
- Ignoring rest days
The intent is flexibility, not exploitation.
Overtime under the OSH Code (basic clarity)
If an employee works beyond prescribed limits:
- Overtime wages must be paid
- Overtime rates are higher than normal wages
- Exact rules are defined by state notifications
Working extra hours without overtime pay remains illegal.
Leave and rest rules under the OSH Code (intro)
Leave and rest provisions continue to exist under the OSH Code.
Core principles
- Mandatory weekly rest day
- Limits on continuous working days
- Annual leave entitlements based on days worked
The OSH Code sets the framework, while states prescribe detailed rules.
Women working night shifts (important reform)
One of the most progressive aspects of the OSH Code is its approach to women working night shifts.
What changed?
Earlier:
- Women were restricted from night shifts in many sectors
Under the OSH Code:
- Women are allowed to work night shifts
- Subject to safety, consent, and welfare conditions
This promotes:
- Gender equality
- Employment opportunities
- Workforce participation
Conditions employers must meet
For women to work night shifts, employers must ensure:
- Written consent
- Safe transportation
- Adequate security
- Rest and hygiene facilities
Without these safeguards, night shifts are not permitted.
Safety standards under the OSH Code (overview)
Safety is the core of this law.
The OSH Code mandates:
- Safe working environment
- Safety equipment and training
- Hazard prevention measures
- Regular inspections
Industries with higher risk face stricter standards.
Who is most affected by the OSH Code?
Highly impacted sectors
- Manufacturing
- Construction
- Warehousing and logistics
- Factories
- Mines
Growing relevance
- Offices and IT companies
- Startups
- Gig platforms
The OSH Code applies much more broadly than many people realise.
Leave rules under the OSH Code, 2020 (clear and practical)
Leave rules are a major concern for employees because they directly affect work–life balance.
What the OSH Code does for leave
The OSH Code:
- Retains the concept of annual/earned leave
- Ensures a mandatory weekly rest day
- Sets a framework for leave accrual
- Allows states to notify detailed rules
It does not eliminate leave entitlements.
Annual / earned leave
Under the OSH Code:
- Employees earn leave based on the number of days worked
- Leave accrual is broadly similar to earlier laws
- Unused leave can usually be carried forward, subject to limits
Exact accrual rates depend on:
- Type of establishment
- Nature of work
- State-specific rules
Weekly rest and spread-over limits
Employers must ensure:
- At least one weekly rest day
- Limits on continuous work without rest
- Defined spread-over hours including breaks
These rules prevent excessive working hours disguised as “flexibility”.
Can employers reduce leave citing the OSH Code?
No.
Any change to leave policy must:
- Comply with state rules
- Follow employment contracts
- Respect existing HR policies
The OSH Code does not give employers power to arbitrarily reduce leave.
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Gig and platform worker protection under the OSH Code
The OSH Code formally recognises gig and platform workers, which is a major shift.
Who are gig and platform workers?
Gig workers include:
- App-based delivery partners
- Ride-hailing drivers
- Freelancers working through platforms
Earlier, these workers had almost no statutory protection.
What protection does the OSH Code provide?
The OSH Code:
- Recognises gig workers as a distinct category
- Mandates basic safety and welfare measures
- Requires platforms to share responsibility for worker safety
This is not full employee status, but it is a legal acknowledgement.
Why this matters
For gig workers:
- Safer working conditions
- Recognition under labour laws
For platforms:
- Compliance obligations
- Need for safety protocols
This aligns labour laws with the modern economy.
Employer responsibilities under the OSH Code (very important)
The OSH Code clearly defines employer duties, leaving less room for ambiguity.
Core employer responsibilities
Employers must:
- Provide a safe working environment
- Identify and mitigate workplace hazards
- Provide safety equipment and training
- Maintain health and safety records
- Conduct periodic inspections
These duties apply regardless of industry size.
Responsibilities increase with risk level
High-risk industries face:
- Stricter safety standards
- More frequent inspections
- Higher compliance expectations
Examples:
- Construction
- Mining
- Manufacturing
Non-compliance can have serious consequences.
Role of inspectors-cum-facilitators
The OSH Code replaces traditional inspectors with inspectors-cum-facilitators.
What this changes
- Focus shifts from punishment to compliance support
- Digital inspections reduce harassment
- Transparency improves
However, serious violations still attract penalties.
Penalties for non-compliance (overview)
Failure to comply with OSH Code provisions can result in:
- Monetary penalties
- Increased penalties for repeat violations
- Liability for serious safety lapses
For fatal accidents, consequences are severe.
Women night shift rules (practical recap)
To recap:
- Women can work night shifts
- Only with consent and safeguards
- Employers must ensure safety, transport, and facilities
This is a rights-expanding provision, not a restriction.
Impact on HR teams and employers
HR and compliance teams must:
- Review working hour policies
- Update leave rules
- Document safety procedures
- Train managers and staff
- Track state-specific notifications
The OSH Code increases documentation and accountability.
Common myths vs facts about the OSH Code
Myth 1: Employees will be forced to work 12 hours daily
Fact: Weekly working hours remain capped at 48. Daily flexibility is allowed only with rest and overtime safeguards.
Myth 2: Leave benefits are removed under the OSH Code
Fact: Leave entitlements continue. The Code provides a framework while states define detailed rules.
Myth 3: Women must work night shifts now
Fact: Women may work night shifts only with consent and strict safety measures. It is a right, not an obligation.
Myth 4: Safety rules apply only to factories
Fact: The OSH Code applies broadly to factories, offices, construction, mines, logistics, and many service establishments.
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Compliance checklist for employers and HR teams
To stay compliant under the OSH Code, employers should:
- Identify applicable establishment category
- Track maximum working hours and overtime
- Ensure weekly rest and leave compliance
- Implement workplace safety policies
- Conduct safety training and drills
- Maintain health and safety registers
- Ensure women night shift safeguards
- Put safety protocols in place for gig workers
- Monitor state-specific OSH rules
Proactive compliance reduces accidents, penalties, and reputational risk.
Role of state governments under the OSH Code
The OSH Code sets the national framework, but:
- States notify detailed rules
- Working hour limits, leave accrual, and inspections may vary
- Employers must track state-level updates
This is especially important for companies operating in multiple states.
Who benefits the most from the OSH Code?
Major beneficiaries
- Employees in hazardous industries
- Women workers
- Gig and platform workers
- HR teams seeking clarity
- Employers with structured compliance systems
The biggest benefit is consistent safety and working standards.
Final takeaway
The Occupational Safety, Health and Working Conditions Code, 2020 is not just about safety equipment or inspections.
It is about:
- Protecting employee health and dignity
- Regulating working hours and rest
- Enabling women’s participation in all shifts
- Bringing gig workers under a legal framework
- Making employers accountable for workplace safety
While it increases compliance responsibility, it also creates clear, predictable rules for modern workplaces.
What to read next
To complete your understanding of India’s new labour laws, read:
Together, these four pillars explain the entire labour code ecosystem.
FAQ
What is the OSH Code, 2020?
The OSH Code, 2020 is a labour law that regulates working hours, leave, safety standards and working conditions across factories, offices and other establishments.
Does the OSH Code allow 12-hour workdays?
The OSH Code allows flexible daily hours only if total weekly working hours do not exceed 48 and overtime and rest rules are followed.
Are women allowed to work night shifts under the OSH Code?
Yes. Women may work night shifts with their consent, provided employers ensure safety, transport, and welfare facilities.