**Executive Summary**
This document addresses Unstarred Question No. 1313 concerning violations of the Factory Act and Minimum Wage Act, to be answered on December 8, 2025. It clarifies the government's measures regarding working hours and enforcement. It states that the Occupational Safety Health & Working Conditions (OSH&WC) Code, 2020 and the Code on Wages, 2019 have come into force on November 21, 2025.
**Key Points / Main Content**
* **Implementation of New Codes:**
* The Occupational Safety Health & Working Conditions (OSH&WC) Code, 2020, and the Code on Wages, 2019, are in force as of November 21, 2025.
* **Working Hours and Overtime:**
* The OSH&WC Code, 2020, stipulates an 8-hour workday, amounting to 48 hours over six days per week.
* The Code provides for overtime wages at twice the regular rate of wages.
* **Enforcement of Factories Act:**
* The Factories Act, 1948, and related rules are enforced by State Governments through Chief Inspectors of Factories (CIFs) and Directorates of Industrial Safety and Health (DISH).
* CIFs and DISHs are empowered to take legal action against factory occupiers and managers who violate the Factories Act.
* **Subsumption of Previous Acts:**
* The Factories Act, 1948, and the Minimum Wages Act, 1948, are now subsumed under the OSH&WC Code, 2020, and the Code on Wages, 2019, respectively.
**Impact Analysis**
**State Governments**
*Impact*
The enforcement of the Factories Act, 1948, and rules framed thereunder are to be enforced by the respective State Governments through the Chief Inspectors of Factories (CIFs) / Directorates of Industrial Safety and Health (DISH).
*Action Required*
State Governments, through their CIFs and DISHs, must continue to enforce the provisions, noting that the Factories Act, 1948, and Minimum Wages Act, 1948 have been subsumed.
**Factory Occupiers and Managers**
*Impact*
Factory occupiers and managers are directly impacted by the enforcement of the Factories Act, 1948, and rules framed thereunder. They are subject to legal action for violations.
*Action Required*
Occupiers and managers must ensure compliance with the Factories Act, 1948 and the OSH&WC Code, 2020, including provisions for working hours, overtime wages, and general safety and health regulations.
**Workers**
*Impact*
Workers' rights and conditions are directly addressed, particularly regarding working hours and overtime wages.
*Action Required*
Workers should be aware of their rights concerning working hours (8 hours per day), overtime pay (twice the regular rate), and the provisions of the OSH&WC Code, 2020. They should report any violations to the appropriate authorities.
Key Entities Referenced
Occupational Safety Health & Working Conditions Code, 2020: A labor law code that regulates occupational safety, health, and working conditions.
Code on Wages, 2019: A labor law code addressing wage-related matters.
The Factories Act, 1948: An act concerning the regulation of labor in factories.
The Minimum Wages Act: An act focused on establishing minimum wage standards.
Ministry of Labour and Employment: The central ministry responsible for labor and employment-related policies.
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
UNSTARRED QUESTION NO. 1313
TO BE ANSWERED ON 08.12.2025
VIOLATION OF FACTORY ACT AND MINIMUM WAGE ACT
†1313. SHRI HANUMAN BENIWAL:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to
state:
(a)whether the Government has taken adequate measures to ensure that
workers do their work only for eight hours and their services are
regularized, if so, the details thereof;
(b)whether provisions of eight hours working day and regular services
under labour laws such as " The Factories Act" and "The Minimum
Wages Act" are in place;
(c)if so, the details thereof;
(d)whether the Government has received any complaints regarding
violation of the Factories Act and the Minimum Wages Act etc. from
Rajasthan and over Gujarat during the last three years;
(e)if so, the details of the company against which such complaints were
received; and
(f)the details of the action taken by the Government against them?
ANSWER
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT
(SUSHRI SHOBHA KARANDLAJE)
(a) to (c): The Occupational Safety Health & Working Conditions
(OSH&WC) Code, 2020 and the Code on Wages, 2019 have come into
force on 21.11.2025. The OSH&WC Code, 2020 stipulates for 8 hours
work in a day which amounts to 48 Hours in period of six days in a week.
Further, the Code also provides for extra wages for overtime at rate of
twice the rate of wages in respect of workers.
(d) to (f): The Factories Act, 1948 and rules framed thereunder are
enforced by the respective State Governments through the Chief
Inspectors of Factories (CIFs) / Directorates of Industrial Safety and
Health (DISH) in their respective sphere. CIFs / DISHs are empowered
to take legal action against the occupier and manager of the factory
for violating the provisions of the Factories Act, 1948 and rules framed
thereunder. Further, the Factory Act, 1948 and the Minimum Wages Act,
1948 have been subsumed in the Occupational Safety Health & Working
Conditions Code, 2020 and the Code on Wages, 2019 respectively.
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