Biometric & Attendance

Attendance Records and the Law in India: What Employers Should Know

What India’s labour codes say about muster rolls and attendance registers, keeping them electronically, and how a biometric system helps employers stay organised.

By the SightShield team · · 3 min read

The labour codes are now in force

India’s four labour codes — the Code on Wages, the Industrial Relations Code, the Code on Social Security, and the Occupational Safety, Health and Working Conditions Code — came into force on 21 November 2025, replacing 29 older central labour laws. Central rules under the codes were notified in May 2026, and states are notifying their own rules. This article is general information; confirm the details that apply to your establishment with your HR or legal advisor.

What employers must keep

Section 50 of the Code on Wages requires every employer to maintain a register with details of persons employed, the muster roll, wages and other prescribed details. Under the rules, registers such as the employee register, the register of wages and the attendance register-cum-muster roll can be kept electronically or on paper.

Hours, overtime and why accuracy matters

The Occupational Safety, Health and Working Conditions Code sets limits on daily and weekly working hours, and the Code on Wages requires overtime to be paid at not less than twice the normal rate of wages. Overtime disputes are among the most common labour complaints. Records built from actual in and out punches, with shift rules applied consistently, are far easier to defend than registers filled in by hand.

Attendance Reports That Matter →

State rules still matter

The labour codes are central laws, but states make their own rules under them, and state laws such as the Karnataka Shops and Commercial Establishments Act continue to apply to many offices and shops. Karnataka’s rules may specify formats, display requirements and retention periods. Ask your compliance advisor which registers your establishment must keep, and configure the attendance software to produce them.

Why digital attendance helps

  • Accurate in and out times for every worker, including contract labour.
  • Overtime calculated from actual hours, not estimates.
  • Reports that can be produced quickly for inspections or audits.
  • Records stored safely and backed up, instead of paper registers.
  • Less scope for disputes over hours and wages.

Setting it up properly

  • Enrol every employee and contract worker individually.
  • Configure shifts, weekly offs and overtime rules to match your policies.
  • Keep the system’s clock accurate and synchronised.
  • Back up attendance data and keep it for the period your advisor recommends.
  • Restrict who can edit punches, and keep a log of corrections.

Corrections and audit trails

  • Never edit raw punches silently; use a correction request with a reason.
  • Require manager approval for every correction.
  • Keep the original punch and the correction both visible in the log.
  • Restrict edit rights to a small number of HR users.
  • Review corrections monthly for patterns.

Privacy

Attendance data and biometric templates are personal data. Protect them, use them for attendance and access only, and remove them when people leave. See our guide on biometric data and the DPDP Act.

Biometric data and the DPDP Act →

Quick answers

Can attendance registers be kept digitally in India?+

Yes. Rules under the labour codes allow the attendance register-cum-muster roll and other registers to be kept electronically or physically.

When did the labour codes come into force?+

All four labour codes came into force on 21 November 2025; central rules were notified in May 2026, with states notifying their own.

How long should attendance records be kept?+

Retention periods depend on the applicable rules; check with your HR or legal advisor for your state and establishment.

Is overtime paid at double the rate?+

The Code on Wages requires overtime wages of not less than twice the normal rate. Accurate attendance records are the basis for calculating it.

Do contract workers need attendance records too?+

Yes. Contractors and principal employers both have record-keeping responsibilities for contract workers; a shared biometric system makes this easier.

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