Concerns are mounting among labour economists and trade union representatives after the release of the new draft rules under the Code on Wages, which shift the power to decide the length of a normal working day to the Union and state governments.

Critics argue that this change could open the door to longer workdays and greater exploitation, especially for gig and platform workers who already face weak labour protections.

According to The Telegraph, labour experts have warned that the new provision gives governments wide discretion to go beyond the long-standing eight-hour norm and could be used to approve workdays of ten or even 12 hours.

This apprehension remains despite the fact that the draft rules under the Occupational Safety, Health and Working Conditions Code continue to retain a 48-hour workweek. Analysts say that without a firm daily cap, the weekly limit alone does not offer adequate protection.

They point out that employers could require daily wage workers to work much longer shifts, such as 12 hours a day over four days, and then rotate a different set of workers for the rest of the week to stay within the 48-hour ceiling.

Platform workers, including food delivery agents and service providers like cleaners or barbers who work in private homes, could also be pushed into longer hours, increasing fatigue and health risks, experts warned.

Factory workers paid on weekly or monthly wages could face similar pressures. Employers may schedule extended shifts on certain days without paying overtime, while offering compensatory rest on other days to ensure that the total hours do not cross the weekly limit.

The concern stems from the wording of the draft rules, which states: “The number of hours of work that will constitute a normal working day inclusive of one or more specified intervals shall be as per general or special order, issued from time to time.”

Since labour is a concurrent subject under the Constitution, most states usually adopt the Union government’s rules with only minor modifications, raising the possibility that this flexibility could be widely applied.

“Though the government has kept 48 hours as the weekly working hours, the lack of clarity on the daily work hours can be (exploited) by the state governments, which may notify up to 12 hours of work a day,” labour economist Shyam Sundar, an adjunct professor at the Management Development Institute, Gurgaon, told The Telegraph.

“Prescribing the weekly hours of work and leaving the daily hours of work to notifications creates uncertainty for both the employers and the workers in terms of planning and management,” he added.

Echoing these worries, Nirmal Gorana, national coordinator of the Gig and Platform Services Workers Union, said, “Even now, many platforms make the workers work more than eight hours a day. The government wants to help companies make workers work for 12 hours a day.”