WikiLabour
Applies to this profile · Appointment letter + hours + safety duties

Act 37 of 2020 · in force 21 November 2025

Occupational Safety, Health and Working Conditions Code, 2020

One licence. Safer floors. Written appointment.

Thirteen laws — factories, contract labour, migrants, mines, journalists, beedi, docks, construction — collapse into one code on safety, health, hours, welfare and working conditions.

13 acts subsumedAppointment letter is mandatory
Applies to

Establishments employing the notified number of workers, including factories, mines, plantations, motor transport, beedi, contract labour, inter-state migrants, audio-visual, construction, docks and others as specified.

Watch the edge

Offices of the Central and State Governments (with caveats), and establishments or activities specifically exempted by notification. Domestic work in a household is outside the classic factory/establishment frame.

What changed

Appointment letter

Every employer of an establishment to which the Code applies must issue a letter of appointment to every employee on commencement of employment, in the prescribed form.

Single registration / licence / return

One registration for an establishment, one licence where licensing applies (contract labour, factories, etc.), and provision for a common return.

Women on night shifts

Women may work before 6 a.m. and beyond 7 p.m. with their consent, in conditions relating to safety, holidays and working hours, and with night transport as prescribed.

New thresholds

Factory: 20 workers with power / 40 without (was 10 / 20). Contract labour: 50 (was 20). Inter-state migrant: 10. Standing applicability still interacts with state rules.

Section 3

Registration of establishments

Every employer of an establishment to which the Code applies shall register the establishment electronically on the designated portal within the prescribed period. A single registration is intended to stand in place of multiple legacy registrations.

For the employer

Register once on the portal. Keep the registration number on display and on appointment letters.

Section 6

Duties of employer

Ensure that the workplace is free from hazards; comply with occupational safety and health standards; provide annual health examinations to employees as prescribed, free of cost; issue appointment letters; ensure disposal of hazardous and toxic waste.

For the employer

Document the risk assessment, the health checks, and the appointment letters. These are the first things an inspector-cum-facilitator will ask for.

Section 6(1)(f)

Letter of appointment

Every employer shall issue a letter of appointment to every employee of the establishment on their appointment in the establishment, in the prescribed form.

For the employer

Template the letter: name, designation, wages, social-security IDs, and nature of work. Issue it on day one.

Section 13

Duties of employees

Take reasonable care of their own safety and that of others; comply with safety instructions; report unsafe conditions; not interfere with safety devices.

For the employer

Employee duties do not dilute the employer’s primary duty of a safe workplace.

Section 25–26

Daily and weekly hours

No worker shall be required or allowed to work more than 8 hours a day and 48 hours a week, subject to the Code and rules. Spread-over, rest intervals and overtime (at twice the rate of wages) are prescribed. The appropriate Government may notify different hours for a class of establishments, subject to the weekly cap.

For the employer

States are notifying hours. Do not assume a 12-hour day is freely available without OT and consent architecture.

Section 43

Employment of women

Women shall be entitled to be employed in all establishments for all types of work. They may work night hours with consent and with conditions relating to safety, holidays, working hours, and transportation facilities.

For the employer

Keep written consent, CCTV / access control, and door-to-door night transport records.

Section 45+

Contract labour

The contract-labour part applies to establishments and contractors employing 50 or more contract labour (the appropriate Government may notify a lower number). Licensing of contractors, welfare facilities, and a liability on the principal employer to pay wages if the contractor defaults, continue.

For the employer

The threshold moved from 20 to 50 — states can pull it back down. Core-perennial work still attracts ‘sham contract’ litigation.

Section Migrant

Inter-state migrant workers

Applies to establishments employing 10 or more inter-state migrant workers. Displacement allowance, journey allowance, and facilities (including portability of public distribution and social-security benefits to the extent notified) are provided. A toll-free helpline and a portal are contemplated.

For the employer

If you bring 10+ workers across a state line, the migrant chapter is not optional.

Definitions

Establishment
A place where any industry, trade, business, manufacture or occupation is carried on, including a factory, motor transport undertaking, newspaper establishment, audio-visual production, building and construction, mine, plantation, and contractor’s establishment as specified.
Contract labour
A worker deemed to be employed in or in connection with the work of an establishment when the worker is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer.
Hazardous process
Any process or activity in relation to a specified industry where, unless special care is taken, raw materials, products, or wastes would cause impairment to the health of persons engaged or result in pollution of the general environment.

Penalties

OffenceFirstRepeat
Contravention causing serious bodily injuryImprisonment up to 2 years and/or fine up to ₹2,00,000 (as provided)Enhanced imprisonment and fine; possible death-related offences if a fatal accident follows a contravention
Operating a factory / contractor without registration or licenceFine, and in some cases imprisonmentEnhanced penalty; continuing offence may attract a daily fine
Failure to issue appointment letters or maintain prescribed noticesFine as notified for general contraventionsEnhanced fine

Subsumed acts

  • Factories Act, 1948
    Now read inside this code
  • Plantations Labour Act, 1951
    Now read inside this code
  • Mines Act, 1952
    Now read inside this code
  • Working Journalists Act, 1955
    Now read inside this code
  • Working Journalists (Wages) Act, 1958
    Now read inside this code
  • Motor Transport Workers Act, 1961
    Now read inside this code
  • Beedi and Cigar Workers Act, 1966
    Now read inside this code
  • Contract Labour Act, 1970
    Now read inside this code
  • Sales Promotion Employees Act, 1976
    Now read inside this code
  • Inter-State Migrant Workmen Act, 1979
    Now read inside this code
  • Cine-Workers Act, 1981
    Now read inside this code
  • Dock Workers Act, 1986
    Now read inside this code
  • Building & Other Construction Workers Act, 1996
    Now read inside this code

Questions people actually ask

Is a 12-hour shift legal now?

Only if daily/weekly hours, rest intervals, spread-over and double-rate overtime in the Code and the applicable state rules are met. The Code does not give a blanket 12-hour working day without OT.

My office has 18 people and no ‘factory’. Does OSH apply?

The Code applies to ‘establishments’ as defined and to thresholds notified for each chapter. A small office may still owe appointment letters and general duties once it is an establishment under the Code / state shops law. Read the registration chapter with your state rules.

Are journalists still covered?

Yes. Working journalists and other newspaper employees, previously under 1955/1958 Acts, sit inside the OSH Code, with special provisions retained in spirit.

From the Gazette Library · 1 source document

Source: Occupational Safety, Health and Working Conditions Code, 2020 (Act 37 of 2020), with commencement notification S.O. 5321(E) dated 21.11.2025 · ·

  • Repeals 13 Acts from the commencement notification date, including the Factories Act, 1948; Plantations Labour Act, 1951; Mines Act, 1952; Motor Transport Workers Act, 1961; Contract Labour (Regulation and Abolition) Act, 1970; Inter-State Migrant Workmen Act, 1979; and BOCW (RE&CS) Act, 1996
  • All provisions in force from 21 November 2025
  • The Occupational Safety, Health and Working Conditions Code, 2020 — Act No. 37 of 2020, assented to on 28 September 2020

Plain-language guide to the four labour codes, not a substitute for the Gazette, state rules, or advice from an advocate. Thresholds and schemes can still be notified or varied by the appropriate Government.

The documents behind this page · 1 document · latest 21 November 2025