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Section 31: Restriction on double employment

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
Section 30 All 143 Sections of OSH Code, 2020 Section 32

Legal Commentary & Landmark Judgments: Section 31

Section 31 of the Occupational Safety, Health and Working Conditions Code, 2020 mandates the compulsory display and electronic submission of a formal Notice of Periods of Work, requiring employers to specify daily working hours, shift relays, rest intervals, and weekly holidays, strictly prohibiting any employment outside the notified schedule.

  • Mandatory Notice of Periods of Work Display: Requires employers to display a clear notice in the prescribed format (Form VI), written in English and the local vernacular language, at the main entrance and on the company portal, detailing daily work hours and rest intervals.
  • Absolute Prohibition of Unscheduled Employment: Statutorily prohibits requiring or permitting any worker to work outside the specific hours and relays displayed in the notice, rendering unscheduled work an immediate penal offense.
  • Mandatory Advance Notice of Shift Alterations: Any proposed change in shift schedules or rest periods must be submitted electronically to the Inspector-cum-Facilitator and displayed to workers at least seven days before the proposed change takes effect.
Key Landmark Precedents:
  • Tata Iron & Steel Co. Ltd. v. The Workmen (1972) 2 SCC 383: Supreme Court held that shift timings and rest intervals constitute statutory conditions of service; unilateral alterations without mandatory statutory notices are void ab initio and illegal.
  • Workmen of the Food Corporation of India v. Food Corporation of India (1985) 2 SCC 136: Supreme Court affirmed that displayed work schedules constitute binding regulatory conditions that cannot be modified at managerial whim.
Courtroom Practice & Strategic Litigation Guidance:

Factory compliance officers must display the Section 31 Notice of Periods of Work in prominent physical and digital locations. If production surges require a shift rearrangement, file an electronic amendment on the Shram Suvidha portal and issue a physical 7-day advance notice to workers before implementing the revised roster, retaining stamped acknowledgment receipts.

Section 30 All 143 Sections of OSH Code, 2020 Section 32