Updated: 16 September 2026
Section 13 of the Code on Wages, 2019: Fixing Hours of Work for Normal Working Day
Section 13 of the Code on Wages, 2019 deals with the power of the appropriate Government to regulate the normal working day where minimum rates of wages have been fixed. It covers working hours, intervals, a weekly day of rest, remuneration for the rest day and payment for work performed on that day.
- The appropriate Government may fix the hours constituting a normal working day, including specified intervals.
- It may provide for a day of rest in every seven-day period and remuneration for that rest day.
- Work on a rest day must be paid at a rate not less than the overtime rate where Section 13 applies.
- Special conditions may be prescribed for emergency, preparatory or complementary, intermittent, technically continuous and natural-force-dependent work.
Meaning and scope of Section 13
The expression "appropriate Government" is defined in Section 2 of the Code and determines whether the Central Government or the State Government is the competent Government for a particular establishment or employment. The expression "prescribed" means prescribed by rules made by that appropriate Government.
Section 13 is therefore an enabling provision. It authorises the appropriate Government to specify the normal working day and related rest-day requirements in cases where minimum rates of wages have been fixed under the Code. Employers and employees should read the section together with the applicable Central or State rules, notifications and general or special orders.
Text of Section 13 - Fixing hours of work for normal working day
13. (1) Where the minimum rates of wages have been fixed under this Code, the appropriate Government may -
(a) fix the number of hours of work which shall constitute a normal working day inclusive of one or more specified intervals;
(b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest;
(c) provide for payment for work on a day of rest at a rate not less than the overtime rate.
(2) The provisions of sub-section (1) shall, in relation to the following classes of employees apply, only to such extent and subject to such conditions as may be prescribed, namely:-
(a) employees engaged in any emergency which could not have been foreseen or prevented;
(b) employees engaged in work of the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;
(c) employees whose employment is essentially intermittent;
(d) employees engaged in any work which for technical reasons has to be completed before the duty is over; and
(e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces.
(3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, 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.
How Section 13 operates
| Provision | Effect |
|---|---|
| Section 13(1)(a) | Allows the appropriate Government to fix the hours constituting a normal working day, including specified intervals. |
| Section 13(1)(b) | Allows provision for a rest day in every period of seven days and remuneration for the rest day. |
| Section 13(1)(c) | Allows provision for payment for work on a rest day at not less than the overtime rate. |
| Section 13(2) | Permits prescribed conditions or modified application for the five specified categories of work. |
| Section 13(3) | Explains when employment may be declared "essentially intermittent" by the appropriate Government. |
Central rules relating to normal working hours and weekly rest
For employments for which the Central Government is the appropriate Government, the Central rules under the Code should be read with Section 13. Rule 6 addresses the number of hours constituting a normal working day and the spread-over of work, while Rule 7 deals with the weekly day or days of rest. The operative hours may depend on a general or special order issued from time to time, so the latest applicable order should be verified rather than assuming a single number of hours for every employment.
Related provision: overtime
Section 14 of the Code separately deals with overtime. Where an employee whose minimum rate of wages is fixed under the Code works beyond the number of hours constituting a normal working day, the employer must pay overtime at the rate fixed under the Code and applicable rules. Section 13(1)(c), specifically for work on a rest day, requires a rate not less than the overtime rate.
Official legal resources
For the authoritative statutory text and current notifications, see the Code on Wages, 2019 on India Code, the Ministry of Labour and Employment commencement notification dated 21 November 2025, and the Central rules published by the Ministry of Labour and Employment.
Practical note
Section 13 should not be read as fixing one universal daily working-hour limit by itself. It gives the appropriate Government power to prescribe or order the applicable normal working day, rest intervals and weekly-rest arrangements. The applicable Central or State rules and any current general or special order should therefore be checked for the relevant establishment.
Disclaimer: This article is for general legal information. Rules and notifications may differ according to the appropriate Government, establishment and category of employment.