Hi , Is sandwich rule legally valid in leave policy of any company and factory , any court decision against this policy? In this rule if any employee take leave on Saturday and Monday then Sunday will be counted as leave , however sunday is defined weekly rest day as per various acts.
From India, Delhi
1From India, Delhi
The subject was discussed in length many times. Still I would like to clarify some points. Let me start with your own comments that "however sunday is defined weekly rest day as per various acts" Yes Sunday (not necessary that it should be Sunday but any day after 6 days' continuous working) /is a weekly off say or it should be given as day of rest. But where is it written that it should be paid one? No.
Coming to the main point, if you are following Factories Act and referring to annual leave with wages or simply earned leave, then the weekly off or holidays intervening tow leave days, say Saturday and Monday, should not be counted as leave. But if it is any other leave, say sick leave, casual leave or maternity leave, you can treat the sandwich day as LEAVE. You can take sick leave if you are sick and if you are medically unfit you should not 'come' to office. If you are medically unfit on Saturday and Monday, naturally you will be so on Sunday also. You can nt say that you were fit on Sunday but being a holiday you did not come! Similarly, an employee on maternity leave is physically not fit to come to work and she cannot be fit on holidays and off days only!
However, the common practice is that casual leave will not be sandwiched but earned leave will be sandwiched. This is wrong because CL/ SL etc are a total number, say 12 days a year but EL depends on the number of days worked in the preceding year and it is a leave earned by an employee which can be used as he wishes and that is why he is allowed encashment of unavailed earned leave.
From India, Kannur
Coming to the main point, if you are following Factories Act and referring to annual leave with wages or simply earned leave, then the weekly off or holidays intervening tow leave days, say Saturday and Monday, should not be counted as leave. But if it is any other leave, say sick leave, casual leave or maternity leave, you can treat the sandwich day as LEAVE. You can take sick leave if you are sick and if you are medically unfit you should not 'come' to office. If you are medically unfit on Saturday and Monday, naturally you will be so on Sunday also. You can nt say that you were fit on Sunday but being a holiday you did not come! Similarly, an employee on maternity leave is physically not fit to come to work and she cannot be fit on holidays and off days only!
However, the common practice is that casual leave will not be sandwiched but earned leave will be sandwiched. This is wrong because CL/ SL etc are a total number, say 12 days a year but EL depends on the number of days worked in the preceding year and it is a leave earned by an employee which can be used as he wishes and that is why he is allowed encashment of unavailed earned leave.
From India, Kannur
Dear Friend,
Mr Madhu has put valued input on leave earned & leave management. In our country every organization has its own leave policy. And those policy have been framed keeping eyes on respective establishments i.e, Factory act, Mines Act, CL(R&A) Act & Shops & Commercial Establishment Act and NH & FH Act, whereas Banking Sector declare holidays under negotiable instrument act. There are some leaves sanctioned as per understanding with union.
There are establishments sanction leave covering 365 days as working days, where is the problem if weekly off days or FH count in leave period or gets sandwich.
The establishment doesn't have Standing Order & leave policy raised unnecessary questions, which are difficult to answer because there's no base line.
From India, Mumbai
Mr Madhu has put valued input on leave earned & leave management. In our country every organization has its own leave policy. And those policy have been framed keeping eyes on respective establishments i.e, Factory act, Mines Act, CL(R&A) Act & Shops & Commercial Establishment Act and NH & FH Act, whereas Banking Sector declare holidays under negotiable instrument act. There are some leaves sanctioned as per understanding with union.
There are establishments sanction leave covering 365 days as working days, where is the problem if weekly off days or FH count in leave period or gets sandwich.
The establishment doesn't have Standing Order & leave policy raised unnecessary questions, which are difficult to answer because there's no base line.
From India, Mumbai
As of last update in January 2022, there isn't a specific "sandwich rule" in Indian labor laws. However, the concept of sandwich leave (taking unpaid leave between paid leave periods) can be implemented by companies through their leave policies, subject to compliance with relevant labor laws and regulations.
In India, labor laws are governed by both central and state governments, and there are various statutes and regulations that deal with aspects of employment, including leave entitlements. The specific provisions regarding leave policies, including unpaid leave, may vary depending on factors such as the industry, location, and nature of employment.
Employers in India typically have the flexibility to establish their own leave policies, including provisions for unpaid leave, as long as they adhere to applicable labor laws and regulations. These policies should be clearly communicated to employees and applied fairly and consistently across the organization.
It's essential for employers to consult with legal experts or HR professionals familiar with Indian labor laws when drafting or implementing leave policies, including any provisions for unpaid leave, to ensure compliance and mitigate legal risks.
From India, Mumbai
In India, labor laws are governed by both central and state governments, and there are various statutes and regulations that deal with aspects of employment, including leave entitlements. The specific provisions regarding leave policies, including unpaid leave, may vary depending on factors such as the industry, location, and nature of employment.
Employers in India typically have the flexibility to establish their own leave policies, including provisions for unpaid leave, as long as they adhere to applicable labor laws and regulations. These policies should be clearly communicated to employees and applied fairly and consistently across the organization.
It's essential for employers to consult with legal experts or HR professionals familiar with Indian labor laws when drafting or implementing leave policies, including any provisions for unpaid leave, to ensure compliance and mitigate legal risks.
From India, Mumbai
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LEAVE RULE 2011.doc
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