Uttar Pradesh’s Factories (Amendment) Act now empowers the state government to permit up to 12 hours of work in a day in factories (so long as weekly work does not exceed 48 hours). It also raises the short-term overtime ceiling (to as much as 144 hours per quarter in exceptional situations), allows up to six hours continuous work without a break with written consent, and opens night shifts to women subject to safety/consent conditions. The law came into force after presidential assent and official notifications in late 2025.
How UP stacks up against other states
Gujarat (2025) — Gujarat recently passed an amendment/ordinance that likewise permits a 12-hour spread (including rest intervals), keeps the weekly cap at 48 hours, increases quarterly overtime limits, and explicitly enables options like a 4-day 12-hour shift pattern (with written consent). Gujarat is the most prominent state to adopt a similar full 12-hour framework.
Rajasthan(2025): Rajasthan has also passed the amendments in the Factories Act recently on the same lines as of Gujarat and U.P. In Rajasthan, OT hours have been increased to 100 hours from 50 hours in a quarter and up to 144 hours with prior approval of Chief Inspector of Factories.
Karnataka, Uttarakhand and others (recent years) — Several states have tinkered with daily limits (Karnataka and Uttarakhand raised daily maxima earlier, sometimes to 10–11 hours or 12 in continuous-process contexts), and many states increased permissible overtime ceilings. Some notifications were later withdrawn or modified after pushback — showing the policy is contested and unstable in places.
UP is following a broader pattern among several Indian states that have moved to permit longer daily shifts (often justified as flexibility for industry) while nominally keeping the 48-hour week intact. Gujarat is the closest analogue to UP in scale and scope.
The Factories Act, 1948 (central law) sets baseline limits (traditionally 9 hours a day / 48 hours a week, with overtime rules). State amendments and rules operate in the Act’s framework and often rely on sections that permit state governments to prescribe exceptions/conditions. Employers must still observe central statutory safeguards (overtime pay at higher rates, record-keeping, health & safety provisions).
The ILO standard historically enshrines the 8-hour day / 48-hour week principle (Conventions No.1 and related instruments), so lengthening daily hours attracts scrutiny from labour groups with reference to international norms.
Likely Practical Effects and Risks
For workers
- Fatigue & safety risk: Longer daily shifts (12 hours) can increase fatigue, workplace accidents, and long-term health impacts, especially in heavy-industry, manufacturing, and operations requiring sustained attention. This risk is amplified if rest breaks, shift rotation and recovery days are not properly enforced.
- Work-life balance: Longer single shifts may reduce the number of workdays (e.g., 4×12 model) but can disrupt family time and increase stress. Consent clauses can be undermined in practice if employment is precarious.
For industry
- Flexibility & continuity: Industry arguments are that 12-hour shifts reduce downtime between shifts, help continuous processes, and make scheduling simpler (useful in 24×7 operations). This can improve plant utilisation and attract investment.
- Cost side: Overtime pay at double rates for extra hours still applies; if overtime becomes the norm, wage bills can rise. Employers must carefully model costs vs. productivity gains.
- Enforcement challenge: Ensuring written consent is genuinely voluntary, verifying rosters, inspecting for rest intervals and safety measures, and policing night-shift protections for women will strain inspectorates unless resourced and guided. Past moves in other states faced protests and legal challenges that forced revisions.
What employers should do now?
- Documented written consent: Obtain and securely store informed written consent from workers for any extended hours or continuous-work arrangements (avoid coercion).
- Shift Schedules & recovery days: Notify shift schedules well in advance; ensure weekly hours never exceed statutory cap and build in adequate rest/compensatory holidays. And notify to concerned authorities under the Factories Act in the Prescribed Format.
- Overtime accounting: Pay overtime at statutory enhanced rates (double ordinary rate where applicable) and track quarterly totals. New Limits need monitoring.
- Safety & health measures: Strengthen workplace health checks, transport and security (especially for night shifts and women workers).
- Build an environment of consensus: initiate open communication with workers/ unions and build an environment of consensus to ensure full cooperation and involvement.
