India Break Laws

2025

In India, labor laws and regulations protect the welfare, safety, and health of employees across various sectors. A critical aspect of the India Labor Law is the workers’ entitlement to breaks during working hours. The framework for break entitlements in India is primarily governed by the Factories Act of 1948 and the Shops and Establishments Act.

This article provides the key provisions related to meal and rest break periods, breastfeeding obligations, and other related break entitlements in India.

This Article Covers:

Rest Breaks in India

Under the Factories Act of 1948, factory workers cannot work for more than 5 continuous hours without a break. The break must be at least 30 minutes. Section 56 of the Act stipulates that the total spread-over of the working hours, including rest breaks, should not exceed 10.5 hours in a day.

The Shops and Establishments Act (SEA) mandates similar break rules for employees in commercial establishments. Each state may have its own act, but it must provide similar or better conditions than those of its general principles.

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Breastfeeding and Nursing Breaks in India

Under the Maternity Benefit Act of 1961, employers in India are required to provide nursing or breastfeeding breaks to new mothers so that they can express breast milk for their nursing child.

Nursing mothers are entitled to two breaks of the prescribed duration. The duration is not explicitly defined in the act, which leaves the employers and employees to agree upon reasonable arrangements. Employers must ensure these breaks are sufficient for the mother to express milk. Breastfeeding breaks in India are fully paid and valid until the child reaches the age of 15 months. 

In addition to the breastfeeding breaks, the Maternity Benefit (Amendment) Act 2017 mandates employers with 50 or more employees to provide a crèche or nursery.

The Ministry of Women and Child Development has issued the following Crèche Guidelines.

  • One crèche for every 30 children between the ages of 6 months to 6 years of all types of employees;
  • The crèche must be located near the workplace or within 500 meters of the establishment;
  • Employers are required to employ one crèche worker and an assistant for every ten children under the age of 3 and every 20 children between the ages of 3 and 6.

A nursing employee is allowed four visits to the crèche in a day. Both the employer and the employee must agree upon the duration of each visit.

Exemption to Break Laws in India

Under the Factories Act of 1948, employees in managerial or administrative roles are usually not entitled to the same rest breaks as other workers. Section 64 of the Act allows exemptions for higher-level positions where the job requires flexible working hours.

Similarly, under the Shops and Establishments Act (SEA), each state may have its own set of exemptions. In most cases, employees in managerial, supervisory, or emergency service roles are exempt from standard break entitlements, especially during critical or high-demand periods.

Weekly Rest Day Requirements in India

In India, employees are entitled to a weekly day of rest. The Factories Act of 1948 and the Shops and Establishments Acts govern the weekly rest days of employees.

According to Section 52 of the Factories Act of 1948:

  • No adult workers are required or allowed to work in a factory on the first day of the week (Sunday) unless they have a whole day off within 3 days before or after the said day.
  • The employer must ensure that no worker works for more than 10 days consecutively without a full day of rest.
  • If a worker is required to work on their weekly rest day, they should be compensated at twice their regular wage rate.

Further, each state in India has its own Shops and Establishments Act, which includes provisions for weekly rest days of employees in commercial establishments. While there may be variations for each state, the fundamental provisions are similar: one day of the week is for rest. 

Penalties for Employers Violating Break Laws in India

Employers in India must adhere to the legal provisions regarding employee breaks to avoid penalties. Any employer found to violate the Factories Act can be fined up to 1 lakh of 100,000 rupees or a fine extending to 1,000 rupees per day. Imprisonment is included for a term that may extend to two years.

Anyone who violates the provisions of the Shops and Establishments Act  or its rules can be fined up to 200,000 rupees. If the violation continues, an additional fine of up to 2,000 rupees per day may be imposed for each day the violation continues.

Learn more about India’s Labour Laws in our detailed guide.

Important Cautionary Note

When making this guide, we have tried to make it accurate, but we do not give any guarantee that the information provided is correct or up-to-date. We therefore strongly advise you to seek advice from qualified professionals before acting on any information provided in this guide. We do not accept any liability for any damages or risks incurred for the use of this guide.