Disclaimer
The 4-day work week under Section 25 of the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) is an enabling provision. It will apply once notified by the Central Government and respective State Governments. As of 2026, implementation is subject to jurisdiction-specific notifications. Employers must confirm applicability before restructuring work schedules.
1. The Legal Blueprint: OSH Code 2020 vs. Legacy Laws
Legacy Framework
- Factories Act, 1948 and state Shops & Establishments Acts capped daily hours at 8–9.
New Framework (Post-Notification)
- Weekly Cap: 48 hours maximum, regardless of 4-day or 6-day schedule.
- Daily Limit: Draft Central Rules permit up to 12 hours per day, inclusive of rest intervals.
- Spread-over: Maximum 12 hours in a day (extendable to 13 with Chief Inspector’s approval).
| Feature | 6-Day Model (Legacy) | 4-Day Model (Proposed) |
| Daily Hours | 8–9 Hours | Up to 12 Hours |
| Weekly Hours | 48 Hours | 48 Hours |
| Weekly Offs | 1 Day | 3 Days |
| Overtime (OT) | Beyond 9 hrs/day or 48 hrs/week | Beyond 12 hrs/day or 48 hrs/week |
| Consent | Generally implied | Mutual agreement recommended |
2. The Consent Factor
- The Labour Ministry has clarified: the 4-day week is voluntary, not mandatory.
- Employers cannot impose 12-hour shifts unilaterally.
- Written consent is not expressly mandated but is a best practice under the Industrial Relations Code, 2020.
3. Productivity vs. Burnout
- Studies show productivity plateaus after 9 hours.
- Employers adopting the 4-day model must strengthen OSH obligations:
- Rest intervals (30 minutes after 5 hours).
- Safe transport for women working late.
- Extended canteen facilities.
- Health and safety committees for larger establishments.
4. Overtime (OT)
- Under the Code on Wages, 2019, OT is payable at double the ordinary rate.
- 4-Day Schedule: OT applies if work exceeds 12 hours/day or 48 hours/week.
- 6-Day Schedule: OT applies beyond 9 hours/day or 48 hours/week.
- State rules may prescribe stricter limits.
5. Penalties for Non-Compliance
- Chapter XIII of the OSH Code prescribes fines up to ₹2,00,000 for employers, escalating for repeat offences.
Key Takeaways
- The 4-day week is an enabling option, not a blanket entitlement.
- Employers must secure mutual agreement and comply with OSH safeguards.
- The 12-hour day is a maximum permissible spread-over, not a default.
- Penalties for violations are significant, making compliance preparation essential.
Action Point for HR Leaders: Begin designing flexible work models with employee consent and robust OSH safeguards, so your organization is compliance-ready once state notifications take effect.
Disclaimer
The information provided in this article is for educational and informational purposes only and does not constitute legal advice. While we strive for 100% accuracy based on the New Labour Codes of 2025/2026, labour laws are subject to state-specific notifications and judicial interpretations. Always consult with a certified Legal Counsel or Labour Law Expert before implementing structural changes to your employment contracts.