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Industrial Relations Code, 2020 · CHAPTER IX — LAY-OFF, RETRENCHMENT AND CLOSURE

Section 66: Definition of continuous service

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 66 — Defines the statutory expression(s) covered by definition of continuous service for use across the Code/Rules. Key operative text: In this Chapter, continuous service in relation to a worker, means the uninterrupted service of such worker, including his service which may be interrupted on account of sickness or authorised leave or an accident or a strike…

Full official textSource checked: 20 August 20260 direct Central Rule link(s)

Current-law status

All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

In this Chapter, continuous service in relation to a worker, means the uninterrupted service of such worker, including his service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal or a lock-out or a cessation of work which is not due to any fault on the part of the worker.
Explanation 1.—For the purposes of this section, where a worker is not in continuous service for a period of one year or six months, he shall be deemed to be in continuous service under an employer— (a) for a period of one year, if the worker during a period of twelve months preceding the date with reference to which calculation is to be made has actually worked under the employer for not less than— (i) one…
Explanation 2.—For the purposes of Explanation 1, the number of days on which a worker has actually worked under an employer shall include the days on which— (i) he has been laid-off under an agreement or as permitted by or under this Code or any other law applicable to the industrial establishment for the time being in force; or (ii) he has been on leave on full wages earned in the previous years; or (iii) he…

Provisos, explanations & qualifications

Explanation 1.—For the purposes of this section, where a worker is not in continuous service for a period of one year or six months, he shall be deemed to be in continuous service under an employer— (a) for a period of one year, if the worker during a period of twelve months preceding the date with reference to which calculation is to be made has…

Thresholds and timelines in the text

Explanation 1.—For the purposes of this section, where a worker is not in continuous service for a period of one year or six months, he shall be deemed to be in continuous service under an employer— (a) for a period of one year, if the worker during a period of twelve months preceding the date with reference to which calculation is to be made has…
(b) for a period of six months, if the worker during a period of six months preceding the date with reference to which calculation is to be made has actually worked under the employer for not less than— (i) ninety-five days in the case of worker employed below ground in a mine; and (ii) one hundred and twenty days, in any other case.
Explanation 2.—For the purposes of Explanation 1, the number of days on which a worker has actually worked under an employer shall include the days on which— (i) he has been laid-off under an agreement or as permitted by or under this Code or any other law applicable to the industrial establishment for the time being in force; or (ii) he has been on…

Actors expressly appearing in the text

Employer, Worker

Full statutory text — Section 66

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

66. Definition of continuous service.—In this Chapter, continuous service in relation to a worker,
means the uninterrupted service of such worker, including his service which may be interrupted on
account of sickness or authorised leave or an accident or a strike which is not illegal or a lock-out or a
cessation of work which is not due to any fault on the part of the worker.
   Explanation 1.—For the purposes of this section, where a worker is not in continuous service for a
period of one year or six months, he shall be deemed to be in continuous service under an employer—
      (a) for a period of one year, if the worker during a period of twelve months preceding the date
   with reference to which calculation is to be made has actually worked under the employer for not
   less than—
          (i) one hundred and ninety days in the case of a worker employed below ground in a mine;
            and
          (ii) two hundred and forty days, in any other case;
      (b) for a period of six months, if the worker during a period of six months preceding the date with
   reference to which calculation is to be made has actually worked under the employer for not less
   than—
         (i) ninety-five days in the case of worker employed below ground in a mine; and (ii) one
      hundred and twenty days, in any other case.
   Explanation 2.—For the purposes of Explanation 1, the number of days on which a worker has
actually worked under an employer shall include the days on which—
         (i) he has been laid-off under an agreement or as permitted by or under this Code or any other
      law applicable to the industrial establishment for the time being in force; or
          (ii) he has been on leave on full wages earned in the previous years; or

         (iii) he has been absent due to temporary disablement caused by accident arising out of and in
      the course of his employment; or
          (iv) in the case of a female, she has been on maternity leave, so however, that the total period
      of such maternity leave does not exceed the period as specified in the Maternity Benefit Act,
      1961 (53 of 1961).

How to apply this provision

Primary statutory test — In this Chapter, continuous service in relation to a worker, means the uninterrupted service of such worker, including his service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal or a lock-out or a cessation of work which is not due to any fault on the part of the worker.
Additional operative limb — Explanation 1.—For the purposes of this section, where a worker is not in continuous service for a period of one year or six months, he shall be deemed to be in continuous service under an employer— (a) for a period of one year, if the worker during a period of twelve months preceding the date with reference to which calculation is to be made has actually worked under the employer for not less than— (i) one…
Qualification / exception to test — Explanation 1.—For the purposes of this section, where a worker is not in continuous service for a period of one year or six months, he shall be deemed to be in continuous service under an employer— (a) for a period of one year, if the worker during a period of twelve months preceding the date with reference to which calculation is to be made has…
Numerical or timing control — Explanation 1.—For the purposes of this section, where a worker is not in continuous service for a period of one year or six months, he shall be deemed to be in continuous service under an employer— (a) for a period of one year, if the worker during a period of twelve months preceding the date with reference to which calculation is to be made has…
Evidence file — retain facts and records proving the role/status of: Employer, Worker.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 66 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

None expressly mapped in the current concordance.

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

None expressly mapped in the current concordance.

Related Labour Hub resources

Model Standing Orders, 2026 Labour litigation

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

If another provision uses the expression addressed by definition of continuous service, apply the statutory definition before applying a payroll/HR label. Document which limb of the definition is met and any exclusion, proviso or notified condition. Also test the express qualification/proviso before concluding the result.

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 66

What does Section 66 of the Industrial Relations Code cover?

What is the main legal requirement or power in Section 66?

The first operative clause identified from the official text is: “In this Chapter, continuous service in relation to a worker, means the uninterrupted service of such worker, including his service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal or a lock-out or a cessation of work which is not due to any fault on the part of the worker.” Read it with the remaining subsections and any proviso below.

Does Section 66 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Explanation 1.—For the purposes of this section, where a worker is not in continuous service for a period of one year or six months, he shall be deemed to be in continuous service under an employer— (a) for a period of one year, if the worker during a period of twelve months preceding the date with reference to which calculation is to be made has…”

What time limit, percentage or amount appears in Section 66?

The provision contains this numerical/time expression: “Explanation 1.—For the purposes of this section, where a worker is not in continuous service for a period of one year or six months, he shall be deemed to be in continuous service under an employer— (a) for a period of one year, if the worker during a period of twelve months preceding the date with reference to which calculation is to be made has…” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 66?

No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.

Is Section 66 currently operative?

All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.

Source & verification trail

Act: Industrial Relations Code, 2020 — official India Code PDF ↗

Central Rules: Industrial Relations (Central) Rules, 2026 — G.S.R. 342(E), 8 May 2026 ↗

Official library: Ministry of Labour & Employment — Labour Codes ↗

Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.

Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.