Night Shift Rule India: A Practical Guide

If you work past 10 pm, Indian labor law has special rules for you. The night shift rule makes sure you get extra pay, rest breaks and safety measures. It applies to factories, mines, construction sites and any place where work runs into the night. Knowing the basics can save you money and protect your health.

Who Is Covered and When Does Night Work Start?

The law defines night work as any job that begins between 10 pm and 6 am. If your shift overlaps this window, even for a few hours, you fall under the rule. It covers employees in the organized sector, meaning anyone with a written contract or who is on the payroll. Contractors, gig workers and family helpers are often left out, so check your employment contract carefully.

Pay, Overtime and Rest Requirements

Under the rule, you must get at least a 25 percent wage increase for night hours. Some states add extra bonuses, but the minimum is clear: base pay × 1.25 for each hour worked after 10 pm. If you also work overtime, the overtime rate (usually 1.5 × regular pay) stacks on top of the night premium.

Employers must give you a 30‑minute rest break for every four hours of night work. The break should be in a safe, well‑lit area and you must be paid for it. If the work is hazardous – like in mining or heavy machinery – they must provide protective gear, lighting and medical facilities.

When your shift ends, the law says you should have at least eight hours of rest before the next day's work. If the employer can’t give that, they must pay you additional compensation, often called “rest day pay.”

Exemptions and Common Misunderstandings

Not every job gets night‑shift benefits. Managers, supervisors, and people earning above a certain salary threshold (the “professional” category) are usually exempt. Also, small workshops with fewer than ten workers often escape the rule, though they should still follow basic safety norms.

Many workers think they automatically get a night‑shift allowance, but if the employer classifies you as a senior manager, you might miss out. Always ask to see how your role is categorized in the payroll records.

How to Claim Your Rights

If you think you’re not getting the right night‑shift pay, start by talking to your HR department. Bring a copy of the law (the Factories Act, 1948, and the Shops & Establishments Act of your state) and point out the exact clause. If they don’t fix it, you can lodge a complaint with the local labor office or file a claim in the labour court.

Keep records of your shift timings, pay slips and any communication with your employer. These documents are your strongest evidence if the case goes to tribunal.

Recent Updates to Watch in 2025

Some states are planning to raise the night‑shift premium to 30 percent and tighten safety checks. The central government is also considering a universal definition of night work that starts at 9 pm instead of 10 pm. Stay tuned to official notices and make sure your employer updates your contract accordingly.

Understanding the night shift rule helps you get fair pay and stay safe. If you’re unsure about any part of the law, a quick chat with a labor lawyer can clear things up. Stay informed and protect your rights.