Upon
perusal of the Gujarat Occupational Safety, Health and
Working Conditions Rules, 2025, read with the
Occupational Safety, Health and Working Conditions Code,
2020, the position relating to overtime, thresholds and
spread-over is stated hereunder in a precise and legally
structured manner:
1.Threshold
for Overtime
The
statutory limits of working hours are as follows:
The statutory limits of working hours are as follows:
- Construction,
8 hours per day
- 48
hours per week
48 hours per week
- Accordingly,
any work performed:
- Beyond
8 hours in a day; or
- Beyond
48 hours in a week shall constitute
overtime.
2.Outer
Limits of Working Hours Including Overtime
a. Kindly take a note that overtime is not unrestricted.
The law imposes ceilings as under:
- Total
working hours in a day, inclusive of overtime, shall
ordinarily not exceed 10 to 12 hours, subject to
conditions mentioned in Gujarat Rules.
- Total
working hours in a week, inclusive of overtime, shall
generally not exceed 60 hours.
Total working hours in a week, inclusive of overtime,
shall generally not exceed 60 hours.
- Quarterly
overtime limits, as recognized under the new Code
framework, are ordinarily restricted to 125 hours,
unless specifically relaxed by the appropriate
authority.
Quarterly overtime limits, as recognized under the new
Code framework, are ordinarily restricted to 125 hours,
unless specifically relaxed by the appropriate
authority.
- Skill
Development: Promote training programs to improve
workers’ skills and
productivity.
3.Spread
Over
- a.Spread
over denotes the total duration from commencement to
cessation of work, inclusive of intervals for rest. The
legal position is as follows:
- The
spread over of working hours shall not exceed 12 hours
in any day.
- Thus,
even if actual working hours are within permissible
limits, any arrangement whereby the total span exceeds
12 hours is impermissible.
4.Extension of Spread Over
- Any
extension beyond the prescribed limit of 12
hours:
- Cannot
be undertaken as a matter of
routine
- Requires
prior approval of the competent authority, namely the
Inspector-cum-Facilitator
- b.Must
be supported by sufficient cause and subject to imposed
conditions
d.Must be supported by sufficient cause and subject to
imposed conditions
5.Rest Intervals
- No
worker shall work continuously for more than 5 hours
- A
rest interval of at least 30 minutes must be provided
thereafter
- Failure
to provide such interval renders the working arrangement
illegal irrespective of total hours.
6.Weekly Rest
a.Every worker is entitled to:
- One
day of rest in every period of seven days
- In the event a worker is required to work on the designated rest day. A compensatory holiday must be provided in accordance with law
Violation under GOSHWCR only if:
- Engagement of workers beyond 12 hours spread over
- Non-payment of overtime at double rate
- Continuous work exceeding 5 hours without interval
- Exceeding permissible weekly or quarterly overtime limits without approval