Working Hours explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 6 to 10 of the Code on Wages (Gujarat) Rules, 2021 say how long a normal working day is, how the weekly rest day and its substitute work, how a shift that crosses midnight is counted, what applies to emergency and intermittent work, and what the longer wage period is. This article follows them as printed and explains where overtime pay arises under them.
The rules are the Code on Wages (Gujarat) Rules, 2021, as notified on 5 October 2021 (No. KHR/2021/128/LVD/10/2020/555709/M(2)); they come into force from the date of commencement of the Code on Wages, 2019. A normal working day is eight hours of work with rest intervals totalling not more than one hour, and it must not spread over more than twelve hours (rule 6). A rest day is ordinarily Sunday (rule 7). The longer wage period is by the month (rule 10).
Later amendments and State notifications under these rules should be checked in the State Gazette.
Where these rules sit
Rule 1(3) reads: "They shall come into force from the date of commencement of the code on wages, 2019." The four Labour Codes were brought into force from 21 November 2025. The notification and the minimum-wage method are covered in our article on the notification and calculation of minimum wages.
The Central rules on the same subjects are explained in rules 4 and 5 on hours of work and rule 6 on the weekly day of rest. This article takes the Gujarat text only; a payroll compliance audit is the practical way to test your rosters against it.
The normal working day (rule 6)
- Rule 6(1): the normal working day under section 13(1)(a) is eight hours of work and one or more intervals of rest which in total shall not exceed one hour.
- Rule 6(2): the working day must be arranged so that, inclusive of the intervals of rest, it shall not spread over more than twelve hours on any day.
- Rule 6(3): for employees in agricultural employment, sub-rules (1) and (2) are subject to such modifications as the State Government may determine from time to time.
- Rule 6(4): nothing in the rule affects the Factories Act, 1948 or, as the case may be, the Code on Occupational Safety and Health and the Gujarat Shops and Establishment Act, 2019.
For factories, the working-hours rules of the Gujarat OSH Rules are in our article on hours of work, holidays, overtime and leave under the Gujarat OSH Rules, 2025.
The weekly day of rest (rule 7)
| Point | What rule 7 prints |
|---|---|
| Entitlement | A day of rest every week, ordinarily Sunday; the employer may fix any other day for any employee or class of employees |
| Condition | The employee must have worked under the same employer for a continuous period of not less than six days |
| Notice | The rest day, and any later change, must be notified to the employee before the change by a notice displayed in the place of employment, at the place specified by the Inspector-cum-Facilitator |
| Counting the six days | A day of attendance for which only an allowance is given, a day of lay-off on compensation, and any leave or holiday with or without pay in the preceding six days count as days worked |
| Work on the rest day | Not allowed unless the employee has, or will have, a substituted rest day for a whole day on one of the five days immediately before or after the rest day |
| Limit on substitution | No substitution that would make the employee work more than ten days consecutively without a whole-day rest |
| Week | A period of seven days beginning at midnight on Saturday night |
Rule 7(4) deals with pay. The employee is granted wages for the rest day at the rate applicable to the next preceding day. Where the employee works on the rest day and has been given a substituted rest day, the employee is paid for the rest day worked at the overtime rate, and for the substituted rest day at the rate applicable to the next preceding day. The proviso says that no rest-day wages are payable where the minimum daily rate was worked out by dividing the minimum monthly rate by twenty-six, or the actual daily rate was worked out by dividing the monthly rate by twenty-six and is not less than the notified daily minimum. A dispute on whether the daily rate was worked out correctly may be decided by the Director Labour (State) or the Labour Commissioner (State) having territorial jurisdiction, after the parties make written representations. A second proviso leaves piece-rate employees' rest-day wages to be determined by the State Government. Under rule 7(5), more favourable terms under any other law, award, agreement or contract of service prevail.
Night shifts (rule 8)
Where a shift extends beyond midnight, a whole-day rest for rule 7 means twenty-four consecutive hours beginning from the time the shift ends. The following day is the period of twenty-four hours beginning when the shift ends, and the hours after midnight are counted towards the previous day.
Emergency, intermittent and similar work (rule 9)
Rule 9 applies to employees engaged in an unforeseen emergency, in preparatory or complementary work that must be done outside the general limits, in essentially intermittent employment, in work that for technical reasons must be completed before the duty is over, and in work that depends on the irregular action of natural forces. For them rules 6, 7 and 8 apply subject to two conditions: the spread-over of hours shall not exceed 16 hours in any day, and the actual hours of work, excluding rest intervals and periods of inaction, shall not exceed 9 hours in any day.
The longer wage period (rule 10)
The longer wage period for minimum rate of wages under section 14 shall be by the month.
Overtime under the Gujarat wage rules
The Gujarat wage rules print the overtime rate only by reference: rule 7(4) pays rest-day work at "the overtime rate". Recording of overtime hours and overtime wages is done in the register in Form I, and the register of attendance and overtime for factories is covered in our article on registers and returns under the Gujarat OSH Rules. The rules do not print a percentage multiple; check the Code's text for the rate.
A worked example
Kutch Foods LLP, a processing unit in Gandhidham, fixes Wednesday as the rest day for its dispatch team and displays a notice at the place the Inspector-cum-Facilitator has specified, before the change takes effect. One loader works on that Wednesday because a consignment is delayed. Under rule 7(2) the employer must give him a substituted whole-day rest on one of the five days before or after Wednesday; under rule 7(4) he is paid for the Wednesday worked at the overtime rate and for the substituted day at the rate of the next preceding day, unless the proviso (monthly rate divided by twenty-six) means no rest-day wages are payable.
Need help with hours, rest days and payroll?
Rest-day substitution and overtime errors usually surface in payroll. Our payroll compliance audit checks whether rosters, notices and wage calculations match the Gujarat rules.
Key takeaways
- A normal working day is eight hours of work with rest intervals not exceeding one hour in total, spread over not more than twelve hours.
- The rest day is ordinarily Sunday; any other day may be fixed with notice displayed in advance.
- Rest-day work needs a substituted whole day within the five days before or after, and never more than ten consecutive days without rest.
- Emergency and intermittent work is capped at 16 hours spread-over and 9 hours of actual work.
- The longer wage period is the month.
Read next
- Code on Wages (Gujarat) Rules, 2021: payment of wages, deductions, fines and advances
- Code on Wages (Gujarat) Rules, 2021: notification and minimum wage calculation
- Rules 7 to 9 of the Central Rules: night shifts, special categories and longer wage period
Disclaimer: Based on the State or Union territory rules named above, as notified under the Labour Codes and consulted on 4 October 2026. Later amendments, State notifications, fees and forms should be checked in the State Gazette and on the State labour department website. This article is general information, not legal advice; check the official text before acting.