Section 28: Extra wages for overtime

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VI: Hours of Work and Annual Leave with Wages
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 28

Section 28 of the Occupational Safety, Health and Working Conditions Code, 2020 regulates night shift operations extending beyond midnight, prescribing precise statutory rules for the calculation of working days, rest periods, and mandatory consecutive twenty-four hours of rest following night relays.

  • Midnight-Crossing Working Day Computation: Where a worker's shift extends past midnight, the entire shift is statutorily deemed to fall within the calendar day on which the shift commenced, preventing artificial fragmentation of working hours.
  • Mandatory Consecutive 24-Hour Rest Period: Following the completion of a night shift relay, the worker is statutorily entitled to a continuous twenty-four hour rest interval before being rostered onto another shift or day duty.
  • Prohibition of Precipitous Shift Inversions: Bars management from rotating workers directly from a night shift to a morning shift without an intervening statutory rest window, eliminating acute circadian fatigue and machine-related accident risks.
Key Landmark Precedents:
  • Workmen of The Straw Board Manufacturing Co. Ltd. v. Straw Board Manufacturing Co. Ltd. (1974) 4 SCC 681: Supreme Court emphasized that shift rosters must be structured to prevent extreme physical fatigue, holding that night shifts must be accompanied by adequate compensatory rest intervals.
  • Associated Cement Companies Ltd. v. Their Workmen (1964) 3 SCR 652: Supreme Court held that industrial tribunals have the jurisdiction to intervene and restructure continuous shift arrangements that violate statutory rest and fatigue recovery norms.
Courtroom Practice & Strategic Litigation Guidance:

In continuous manufacturing (such as chemicals, steel, and glass), configure electronic shift rosters to ensure that an operative ending a night shift at 06:00 AM cannot be scheduled for duty prior to 06:00 AM the following morning. Maintain electronic shift rotation logs demonstrating adherence to the 24-hour post-night-shift rest mandate.