India Releases FAQs on the Occupational Safety and Health Labour Code 
On March 13 and 16, 2026, India’s Ministry of Labour and Employment released frequently asked questions (FAQs) regarding the Occupational Safety and Health Code, one of the “Four Labour Codes” that came into effect in 2025.These FAQs provide explanations on topics such as the definition of wages, the calculation of gratuity, the scope of overtime work, and occupational safety and health.
Q&As in FAQ
Q1: Does the paid leave buyout scheme apply to sales promoters, managerial staff, and supervisors?
Answer: Under the leave provisions of the Occupational Safety and Health Code, the scheme applies to “workers,” including sales promoters, as a rule. For supervisors, it applies only to those with a monthly wage of 18,000 rupees or less.
Q2: What is the maximum number of leave days that can be carried over to the following year?
Answer: Workers may carry over a maximum of 30 days to the following year. However, if a worker applies for leave but the company denies the request, the denied portion may be carried over without any limit on the number of days.
Q4: Does the obligation to provide a creche facility vary depending on the majority employees’ gender?
Answer: Creche facilities must be available to all employees, regardless of gender and their proportion.
Q5: When does overtime pay become due, after 8 hours per day or after 48 hours per week?
Answer: Overtime pay must be paid at double the normal rate for work exceeding 8 hours per day or 48 hours per week.
Q6: If there is a discrepancy between state law (e.g., Andhra Pradesh allows 60 days of leave carryover) and this Code nationwide (which allows only 30 days of carryover), which takes precedence?
Answer: If there is a conflict with the provisions of this Code and state laws, the provisions of this Code will take precedence over state law. However, if state law provides more favorable conditions for workers, workers are entitled to the conditions set forth in that state law.
Q7: If the provisions regarding age eligibility for medical examinations and checkups differ between central and state regulations, which applies?
Answer: Central regulations apply in areas under the jurisdiction of the central government, and state regulations apply in areas under the jurisdiction of state governments.
Q8: Are workers under the age of 40 exempt from annual medical examinations even if they are engaged in hazardous work?
Answer: For workers engaged in hazardous work, regardless of age, employers must conduct pre-employment and annual medical examinations (at intervals not exceeding 12 months) at the employer’s expense.
Q9: Can state governments establish their own health and safety standards for factories?
Answer: Occupational safety and health standards for factories are prescribed by the central government. State governments may amend these standards only with the prior approval of the central government.
Q10: Are contract workers also eligible for welfare facilities?
Answer: Pursuant to Section 53 of the Code, the responsibility to provide welfare facilities such as canteens, restrooms, and daycare centers to contract workers with the principal employer.
EnviX Comment
The following disclaimer was included in the FAQ:
“The above FAQs are for information purposes only, to enable public to have quick and easy access to information, and do not purport to be legal documents. In case of any variance between what has been stated and what is contained in the relevant Labour Code, the latter shall prevail.”
Therefore, it is necessary to refer to the original text of the Code for final determination.
The original text of this FAQs can be found at the following URL:
- Additional FAQs on Labour Codes
https://www.labour.gov.in/static/uploads/2026/03/d7a1038bf00f763484aa27a79a4c6306.pdf - FAQ on OSH&WC Code, 2020
https://www.labour.gov.in/static/uploads/2026/03/a4ccf4c6d97c4f1f36a6d83f8c64213d.pdf
