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Labour › OSHWC Code › Sections › Section 28
OSHWC Code · Chapter VII

Section 28 — Night shifts

Detailed statutory control map with Central Rule, form, authority, evidence and State-jurisdiction checks.

Legal status: In force from 21 November 2025, subject to provision-specific notifications, Central/State jurisdiction and saved actions under section 143.

Statutory identity

Chapter

VII — Hours of work and annual leave with wages

Part

General chapter provision

Provision owner

Working-time and leave control

Applicable rules

Rule 64, Rule 65, Rule 66, Rule 67, Rule 68, Rule 69, Rule 70, Rule 71

Forms

No direct prescribed form identified

Last source review

2026-07-17

Provision-by-provision analytical map

This page does not replace the statutory text. It separates the operative legal transaction into controls so that each subsection, proviso, exception and delegated instrument can be checked against the official India Code source before use.

  1. Control 1. Classify the employee and sector before applying daily, weekly, spread-over, rest and night-work rules.
  2. Control 2. Configure rosters so ordinary hours, intervals, weekly rest and compensatory holidays are visible before deployment.
  3. Control 3. Authorise and calculate overtime under the Code on Wages and preserve the approval/payment trail.
  4. Control 4. Prevent overlapping shifts and prohibited double employment through declarations and attendance analytics.
  5. Control 5. Reconcile leave accrual, carry-forward, encashment and separation settlement to the statutory register.

Actor, trigger and jurisdiction

Primary actor

Employer, occupier, owner, agent, manager, contractor, employee or statutory authority according to the text of section 28.

Trigger

The facts engage “Night shifts”. Coverage, sector and appropriate-Government analysis must be recorded before action.

Central/State split

The 2026 Central Rules apply where the Central Government is the appropriate Government. State rules and notifications must be checked separately.

Technical overlay

Applicable standards, mine/dock regulations, Schedule limits and authority orders may add more specific requirements.

Linked Central Rules and forms

Central Rule 64Working HoursCentral Rule 65Working hours of working journalistCentral Rule 66Holidays and leaves for sales promotion employees and working journalistCentral Rule 67Weekly holidayCentral Rule 68Compensatory holidaysCentral Rule 69Wages for overtimeCentral Rule 70Restriction on double employment in minesCentral Rule 71Notice of periods of work

Implementation workflow

  1. Coverage memo: identify establishment, sector, headcount, worker status, location and appropriate Government.
  2. Legal decomposition: mark each subsection, proviso, explanation, exception and delegated power in the official text.
  3. Control design: assign a process owner, system trigger, time limit, reviewer and escalation path.
  4. Evidence: preserve the source transaction, decision, communication and acknowledgement.
  5. Freshness check: verify later Gazette notifications, authority appointments, State rules and technical orders.

Evidence checklist

Non-compliance and remedy

Roster or payroll data that do not reconcile can establish both working-time and wage contraventions.

Read sections 94–114 for the offence, adjudication, prosecution, composition and court route. A continuing unsafe condition should be corrected immediately; retrospective records must never be fabricated.

Worked control example

A unit proposes a night shift for women employees. It records consent, verifies transport, security, supervisor coverage, welfare and grievance safeguards, performs a task-specific risk assessment and keeps the roster available for inspection.

Practical questions

Is the Central Rule automatically applicable to every establishment?

No. Determine the appropriate Government and sector. State rules may govern establishments outside the Central sphere.

Does a policy prove compliance?

No. Transaction evidence, prescribed records, competent appointments, measurements and acknowledgements are ordinarily required.

What should be checked before relying on this page?

Read the exact India Code section, mapped Rule, Schedule, authority notification and any later Central or State instrument.

Official sources

India Code — complete CodeRead the exact statutory provision and related subordinate instruments.Ministry Labour Codes libraryCode, final Central Rules, notifications, FAQs and implementation material.Official Gazette — Central Rules, 2026G.S.R. 345(E), 8 May 2026; Gazette ID CG-DL-E-09052026-272379