New Labour Law 2026: Employers Must Give a 30-Minute Break After Every 5 Hours of Work

The Ministry of Labour and Employment issued a notification on May 13, 2026, under Section 25(1)(b) of the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code), mandating that no worker shall be required or permitted to work continuously for more than five hours without a rest interval of at least thirty minutes. The notification came into force on May 14, 2026, and applies to establishments covered by the OSH Code across India. This is one of the first substantive notifications under the labour codes that directly impacts the daily working conditions of millions of workers in factories, construction sites, mines, plantations, and other establishments.

What the Notification Requires

The core rule is straightforward: no employee may be made to work for more than five continuous hours without being given a break of at least half an hour. The notification does not prescribe how the break must be utilised; workers are free to use the interval for rest, meals, or any other purpose. The rule applies in addition to the overarching limits on working hours under the OSH Code, which cap the ordinary working day at eight hours and the working week at forty-eight hours. Employers are expected to structure shifts so that the mandatory interval falls within the daily schedule without reducing overall working hours or wages.

Legal Basis: The OSH Code 2020

The Occupational Safety, Health and Working Conditions Code, 2020 is one of four labour codes enacted by Parliament to consolidate and simplify India's vast body of labour legislation. The Code subsumes and replaces thirteen older statutes, including the Factories Act, 1948, the Mines Act, 1952, and the Building and Other Construction Workers Act, 1996. Section 25 of the Code empowers the appropriate Government to fix, by notification, the daily and weekly hours of work, rest intervals, and spread-over periods for workers in establishments covered by the Code. The provisions of the Code were formally enforced from November 21, 2025, following the notification of the rules by the Central Government.

Who Is Covered

The OSH Code applies to a wide range of establishments, including factories, mines, dock work, building and construction activities, plantations, and establishments employing ten or more workers (or twenty or more in certain categories). The notification under Section 25 applies to all workers in establishments where the Central Government is the appropriate Government. State Governments retain the power to issue parallel notifications for establishments under their jurisdiction, and several states are expected to adopt similar provisions. Workers covered include both permanent employees and contract labour engaged through contractors.

Compliance and Penalties

Employers who fail to comply with notifications issued under the OSH Code are liable to penalties under Section 95 of the Code, which provides for a fine of up to two lakh rupees for a first contravention and higher penalties for subsequent contraventions. Inspectors-cum-facilitators appointed under the Code have the authority to inspect establishments and issue compliance orders. Employers should review their shift schedules and break policies immediately to ensure that no worker is working for more than five continuous hours without a thirty-minute break. Maintaining records of break times is advisable as evidence of compliance in the event of an inspection.

Key Takeaways

The May 13, 2026 notification under the OSH Code establishes a clear, enforceable rule: a mandatory thirty-minute rest break after every five hours of continuous work. Employers across covered establishments should update their shift rosters and break policies without delay. Workers who are denied the mandated break can raise the matter with the Inspector-cum-Facilitator or file a complaint under the Code. This notification is a significant step in operationalising the labour code reforms and improving day-to-day working conditions for India's workforce.