Section – 25. THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020

Section – 25. Daily and weekly working hours, leave, etc.

(1) No worker shall be required or allowed to work in any establishment or class of establishment for more than—
(a) eight hours in a day; and
(b) such daily working period shall be fixed with intervals and spread-overs as may be notified by the appropriate Government.

Provided that, subject to clause (a), in the case of mines—
(i) persons employed below ground shall not work for more than the hours notified by the Central Government in a day;
(ii) work below ground shall be carried out only through a shift system ensuring that working hours do not exceed the prescribed daily maximum;
(iii) no person shall be present below ground except during the working periods recorded in the prescribed register.

Provided further that, subject to clause (a), the working hours of motor transport workers shall include—
(i) time spent during the running time of the vehicle;
(ii) time spent on subsidiary work; and
(iii) periods of mere attendance at terminals of less than fifteen minutes.

Explanation.—For the purposes of this sub-section—
(a) “running time” means the duration from when a transport vehicle starts operating until it stops, excluding interruptions exceeding the prescribed duration during which workers are free or engaged in other work;
(b) “subsidiary work” includes tasks such as record-keeping, handling cash, checking tickets, vehicle maintenance, travelling for duty, and loading or unloading;
(c) “period of mere attendance” refers to time spent waiting to respond to calls or resume duty as scheduled.

(2) Notwithstanding sub-section (1), the working hours of a working journalist shall be subject to a maximum of one hundred and forty-four hours over four consecutive weeks and at least twenty-four consecutive hours of rest in every seven days, as prescribed by the Central Government.

(3) Notwithstanding sub-sections (1) and (2), a sales promotion employee or working journalist—
(i) shall be granted, in addition to prescribed holidays and leave—
(a) earned leave on full wages of not less than one-eleventh of the period spent on duty;
(b) medical leave on half wages of not less than one-eighteenth of the period of service;
(ii) may accumulate earned leave up to the prescribed limit;
(iii) may avail or encash earned leave within prescribed limits, subject to conditions;
(iv) shall be entitled to cash compensation for unavailed earned leave upon resignation, retirement, or termination (other than by way of punishment), subject to prescribed conditions;
(v) in case of death during service, the heirs shall be entitled to such cash compensation for unavailed earned leave.

(4) Notwithstanding anything contained in this section, the working hours of an adolescent worker shall be regulated in accordance with the provisions of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.