Sections 29 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 29 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) bars a system of overlapping shifts in an establishment, subject to exemption by order. Section 30 stops a worker from being put to work in a mine or factory if the worker has already worked in another such establishment within the preceding twelve hours.
Work shall not be carried on by a system of overlapping shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time (section 29(1)). The appropriate Government, or the Chief Inspector-cum-Facilitator with its approval, can exempt by written order with reasons, but not for mines (section 29(2)). No worker shall be required or allowed to work in a mine or factory if he has worked in another such establishment within the preceding twelve hours, except in prescribed circumstances (section 30).
Section 29: overlapping shifts
| Sub-section | Content |
|---|---|
| 29(1) | No system of work by which more than one relay of workers is engaged in work of the same kind at the same time |
| 29(2) | The appropriate Government, or, subject to its approval, the Chief Inspector-cum-Facilitator, may by written order and for the reasons specified in it exempt, on such conditions as it considers expedient, an establishment, a class of establishments, a department or section of an establishment, or a category or description of workers |
| Proviso to 29(2) | The exemption power does not apply to mines |
What is an overlapping shift?
A shift system is barred where the roster is arranged so that two or more relays (groups) of workers are doing the same kind of work at the same time. A clean hand-over, where the next relay begins as the previous one ends, is a different arrangement from one relay overlapping with another. The Code does not define "relay" in section 29; the word is used in the definitions of the Code, which we explain in our article on the definitions of adolescent, adult, day, week, relay and family.
Exemption under section 29(2)
An exemption has four features you should check before relying on it:
- It must be in writing.
- It must state reasons.
- It may carry conditions, and the establishment must observe them.
- If the order is made by the Chief Inspector-cum-Facilitator, it needs the approval of the appropriate Government.
The exemption can be given for a whole establishment, a class of establishments, a department or section, or a category of workers. It cannot be given for a mine. Employers with rotating or staggered rosters can check whether their arrangement needs an order through our labour law compliance service.
Section 30: double employment in a mine or factory
Section 30 says that no worker shall be required or allowed to work in a mine or factory if he has already been working in any other such similar establishment within the preceding twelve hours, save in such circumstances as may be prescribed by the appropriate Government.
| Element | Detail |
|---|---|
| Who is restricted | The employer or manager who requires or allows the work |
| Where it applies | A mine or factory |
| The test | The worker has already been working in any other such similar establishment within the preceding twelve hours |
| Exception | Circumstances prescribed by the appropriate Government |
Note two points. The section is addressed at both requiring and allowing, so a worker's own wish to take a second job does not remove the employer's obligation. And the test looks back twelve hours from the start of the new work, not at calendar days.
What the Central Rules, 2026 say
Where the Central Government is the appropriate Government, Rule 70 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) deals with double employment in mines: the circumstances for exemption from the restriction shall be specified by general or special order issued by the Central Government from time to time. The rule lists no circumstances in its own text, so look for the order. Where a State is the appropriate Government, use the State's rules.
For the rule-by-rule treatment, see Rules 70 and 71 on double employment in mines and notice of periods of work.
How this links with the rest of the working-time provisions
- The daily and weekly limits are in section 25.
- Overtime and shifts crossing midnight are in sections 27 and 28.
- The display of the periods of work is in section 31. A change in the system of work that changes the notice must be intimated to the Inspector-cum-Facilitator before it is made.
Practical points
- Audit the roster for overlap. If two groups do the same job at the same time, check for a section 29(2) order in writing and with reasons.
- Ask about other work. Factories and mines should ask new and casual workers whether they worked in another factory or mine in the last twelve hours, particularly for contract and daily-rated workers who move between sites.
- Keep the order on file. An exemption under section 29(2) carries conditions; keep the order and show conditions are met.
- Mines. The exemption under section 29(2) is not available for mines. The section 30 circumstances for mines are in the Central Government's order under Rule 70.
Example. A factory wants its packing and dispatch teams to work in two relays that overlap for two hours. The work is of the same kind and the relays work at the same time, so section 29(1) is engaged. Unless there is a written exemption order with reasons, the overlap should be removed and the relays should hand over one after the other.
For the old-law comparison on shift work in factories, see our guide on night shift regulations under the Factories Act.
Need help with shift rosters and exemptions?
Staggered rosters grow quietly over the years, and the exemption order is often missing when an inspector asks for it. Our labour law compliance team can map your shift pattern against sections 29 and 30, and tell you whether an exemption, a condition or a State rule needs attention.
Key takeaways
- Overlapping shifts, with more than one relay of the same kind of work at the same time, are barred (29(1)).
- Exemption is by written order with reasons, on conditions; not for mines (29(2)).
- No one may work in a mine or factory within twelve hours of working in another such establishment, unless prescribed circumstances apply (30).
- Rule 70 leaves the mine exemption circumstances to a Central Government order.
Read next
- Sections 27 and 28: extra wages for overtime and night shifts
- Section 31: notice of periods of work
- Rules 70 and 71: double employment in mines and notice of periods of work
- Night shift regulations under the Factories Act
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.