Section 28: Night shifts
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 28 — Governs night shifts and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Where a worker in an establishment works on a shift which extends beyond midnight,— (a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period of twenty-four consecutive hours…
All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- Where a worker in an establishment works on a shift which extends beyond midnight,— (a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;
- (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.
Provisos, explanations & qualifications
- No proviso/explanation was separately extracted from this section text.
Thresholds and timelines in the text
- Night shifts.—Where a worker in an establishment works on a shift which extends beyond midnight,— (a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;
- (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.
Actors expressly appearing in the text
Worker
Full statutory text — Section 28
28. Night shifts.—Where a worker in an establishment works on a shift which extends beyond
midnight,—
(a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period
of twenty-four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of twenty-four hours beginning
when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.How to apply this provision
- Primary statutory test — Where a worker in an establishment works on a shift which extends beyond midnight,— (a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;
- Additional operative limb — (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.
- Numerical or timing control — Night shifts.—Where a worker in an establishment works on a shift which extends beyond midnight,— (a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;
- Central Rule mapping — 64, 65, 66, 67, 68, 69, 70, 71. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
- Evidence file — retain facts and records proving the role/status of: Worker.
Rules, forms and cross-references
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
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
For an establishment affected by night shifts, the compliance owner should identify the applicable sector and authority, document the prescribed control/notice/record and retain inspection or training evidence. A text point to test is: “Night shifts.—Where a worker in an establishment works on a shift which extends beyond midnight,— (a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;” Read the mapped Central Rule(s) 64, 65, 66, 67, 68, 69, 70, 71.
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 28
What does Section 28 of the OSHWC Code cover?
Section 28 — Governs night shifts and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Where a worker in an establishment works on a shift which extends beyond midnight,— (a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period of twenty-four consecutive hours…
What is the main legal requirement or power in Section 28?
The first operative clause identified from the official text is: “Where a worker in an establishment works on a shift which extends beyond midnight,— (a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;” Read it with the remaining subsections and any proviso below.
Does Section 28 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.
What time limit, percentage or amount appears in Section 28?
The provision contains this numerical/time expression: “Night shifts.—Where a worker in an establishment works on a shift which extends beyond midnight,— (a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 28?
The current concordance maps Section 28 to Central Rule(s) 64, 65, 66, 67, 68, 69, 70, 71.
Is Section 28 currently operative?
All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.
Source & verification trail
Act: Occupational Safety, Health and Working Conditions Code, 2020 — official India Code PDF ↗
Central Rules: Occupational Safety, Health and Working Conditions (Central) Rules, 2026 — G.S.R. 345(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.