Section 13 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.
Section 13 of the Code on Wages, 2019 lets the appropriate Government fix the hours that make up a normal working day, provide a day of rest in every period of seven days, and set the pay for work on a rest day. It also lists five classes of employees for whom these rules apply only to the extent prescribed. The details of the hours and rest day are in the Central Rules, rules 5 to 8.
Where minimum rates of wages have been fixed, the appropriate Government may fix the hours that constitute a normal working day, inclusive of one or more intervals (s.13(1)(a)); provide a day of rest in every seven days with pay for it (s.13(1)(b)); and provide that work on a rest day is paid at not less than the overtime rate (s.13(1)(c)). Five classes (emergency, preparatory or complementary work, intermittent employment, work to be completed for technical reasons, and work dependent on natural forces) are covered only to the extent and subject to conditions prescribed (s.13(2)). The overtime rate is not less than twice the normal rate (s.14).
Section 13(1): hours, rest and pay
The section applies "where the minimum rates of wages have been fixed under this Code", and the word "may" means it works through rules the Government makes.
(a) Normal working day. The Government may fix the number of hours constituting a normal working day, inclusive of one or more specified intervals. The phrase "inclusive of ... intervals" means the day is measured to include the intervals.
(b) Day of rest. One day of rest in every period of seven days, allowed to all employees or to any specified class, with remuneration for those rest days.
(c) Work on the rest day. Payment for work on a day of rest at a rate not less than the overtime rate. Under section 14, the overtime rate is not less than twice the normal rate of wages.
If you manage a roster with varied shifts, split duty or a staggered week, our labour law compliance service can help you test it against section 13 and the rules that apply.
What the Central Rules add
The Code on Wages (Central) Rules, 2026 (G.S.R. 343(E), 8 May 2026) apply only where the Central Government is the appropriate Government. Where the State Government is, the State's own wage rules apply. Rules 5 to 8 deal with section 13.
Rule 5: hours
| Wage period | Normal working day |
|---|---|
| Daily basis | Eight hours; interval for rest as per the notification under the Occupational Safety, Health and Working Conditions Code, 2020 (rule 5(1)) |
| Other than daily | Fixed so that the total weekly working hours do not exceed forty-eight hours (rule 5(2)) |
Rule 6: weekly day of rest
- An employee gets rest for one day in every week: ordinarily a Sunday in a six-day week; in a shorter week the rest day includes Saturday and Sunday, though the employer may fix another day (rule 6(1)). Entitlement needs a continuous period of not less than six days (or the stipulated days) worked under the same employer.
- The employee must be told the rest day, and any change, before the change, by notice at a conspicuous place or electronically.
- Work on the rest day needs a substituted rest day in the week before or after, and no substitution may lead to more than ten days of consecutive work (rule 6(2)).
- Rest-day wages are at the previous working day's rate; if the employee works on the rest day and gets a substituted day, he gets the overtime rate for the day worked and the previous working day's rate for the substituted day (rule 6(4)). A proviso deals with six-day weeks where the rate was worked out by dividing the monthly rate by twenty-six.
- More favourable terms under any other law, award, agreement or contract are preserved (rule 6(5)).
See Rule 6 and Rules 4 and 5.
Rule 7: night shifts
Where a shift extends beyond midnight, a rest day for the whole day means twenty-four consecutive hours beginning from the time the shift ends, and hours after midnight are counted towards the previous day.
Rule 8: certain categories of employees
The working hours of the categories under s.13(2) may exceed the normal hours in rule 5, but overtime for them is as per section 14. See Rules 7 to 9.
Section 13(2) and (3): the five classes
Section 13(1) applies to these employees only to the extent and subject to conditions as prescribed:
| Clause | Class |
|---|---|
| (a) | Employees engaged in an emergency which could not have been foreseen or prevented |
| (b) | Preparatory or complementary work which must necessarily be carried on outside the limits laid down for general working in the employment |
| (c) | Employees whose employment is essentially intermittent |
| (d) | Employees engaged in work which for technical reasons has to be completed before the duty is over |
| (e) | Work which cannot be carried on except at times dependent on the irregular action of natural forces |
Section 13(3) says employment is essentially intermittent when the appropriate Government declares it so, on the ground that the daily hours of duty, or if there are no daily hours, the hours of duty normally, include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention. So a watchman or similar post does not become "intermittent" by itself; the declaration is needed.
Example. A Central-sphere establishment has a daily-paid employee on a six-day week with Sunday as rest day. The employer needs him on a Sunday and gives a substituted rest day on Tuesday. He is paid the overtime rate (not less than twice the normal rate) for Sunday under rule 6(4) and the previous working day's rate for Tuesday, subject to the proviso for rates worked out on the twenty-six divisor.
Practical points. Identify the appropriate Government for each unit; record rest days and substitutions; and do not label staff "intermittent" without a declaration.
Need help testing your rosters?
Shift patterns, weekly offs and Sunday work are where wage and hours disputes start. Our labour law compliance team can check your rosters and rest-day pay against section 13 and the rules that apply to your units.
Key takeaways
- The appropriate Government may fix the hours of a normal working day, a rest day in every seven days, and pay for work on a rest day at not less than the overtime rate.
- Five classes of employees are covered only to the extent and subject to conditions prescribed.
- "Essentially intermittent" employment needs a declaration by the appropriate Government.
- Central Rules: eight hours on a daily basis, a weekly cap of forty-eight hours otherwise, a rest day with substitution rules, and special rules for night shifts.
- State-sphere employers follow the State's own wage rules.
Read next
- Section 14: wages for overtime work
- Sections 10 to 12: short working day, two classes of work and piece work
- Rule 6 of the Central Rules: weekly day of rest
- Overtime under the Minimum Wages Act: double rate
Disclaimer: Based on the Code on Wages, 2019 (as enacted) and, where noted, the Code on Wages (Central) Rules, 2026 (G.S.R. 343(E), 8 May 2026), as on 1 October 2026. The Code is in force from 21 November 2025; State Governments make their own rules for establishments where the State is the appropriate Government, and wage rates are notified separately. Verify the current position before acting.