Dear Sir,
Kindly provide your guidance and clarification on the following point:
1. Suppose employee absents on Saturday and attend work on Monday should Sunday holiday benefit be given or not?
2. Suppose employee is present on Saturday and absents for work on Monday should Sunday holiday benefit be given or not?
3. If an employee absents continuously from Saturday to Monday and present for work on Tuesday, should Sunday be considered as Loss of Pay or holiday benefit be given?
4. Usually according to my knowledge, if an employees worked on either side of Sunday weekly holiday holiday benefit is given and employee will not be given holiday benefit if he is absent both on Saturday and Monday.
4. Is the above points are covered under any industrial law or rules or is it as per established practice in the Industry.
5. Clarification for the above has been sought because it has been disputed and an authentic clarification has been sought.
Hence this Query.
Your valuable feedback on the above is highly appreciated
10th December 2018 From India, Bangalore
Suppose employee absents on Saturday and attend work on Monday should Sunday holiday benefit be given or not? - It depends upon employer leave policy rules.
2. Suppose employee is present on Saturday and absents for work on Monday should Sunday holiday benefit be given or not? - Should be certainly/must be given
3. If an employee absents continuously from Saturday to Monday and present for work on Tuesday, should Sunday be considered as Loss of Pay or holiday benefit be given? - Sunday should be loss of pay
4. Usually according to my knowledge, if an employees worked on either side of Sunday weekly holiday benefit is given and employee will not be given holiday benefit if he is absent both on Saturday and Monday. - No some employer do not follow sandwichweekly off rule even we do not follow the same.
4. Is the above points are covered under any industrial law or rules or is it as per established practice in the Industry. - Please refer Factories Act for the same.
5. Clarification for the above has been sought because it has been disputed and an authentic clarification has been sought.
11th December 2018 From India, Pune
Though sandwiching of holiday is not permitted as per Factories Act the establishments coming under the scope of the state Shops and Commercial Establishments Act need not follow it. the basic reason why Factories Act do not allow sandwiching is that there is only one type of leave, ie, earned leave under Factories Act and that also availing of leave earned is permitted only for three time a year. under this situation many establishments will have their own leave rules better than what is provided under the Act. Accordingly there can be more EL, say 1 days for every 15 days worked or even 1 days for every 10 days worked, 12 days CL, 15 days sick leave etc. While drafting such leave rules it is open to have a provisio that any person who takes leave prefix and suffix of a holiday will lose the holiday or the holiday will also be counted as leave. However, in the absence of any additional leaves other than that provided under Factories Act, you cannot clothe a rule that sandwich holidays will be counted as leave.
In the case of establishments covered by Shops and Commercial Establishments Act, there is no specific mention about the treatment of CL, PL or SL ( This is true in the case of Kerala, Karnataka, Tamil nadu, and a few other states and I am not sure about various other states, but I presume it should be like this only) and as such you can have an interpretation that PL being a kind of leave which is taken as per a plan and obviously for an absence involving more than three days (again the days is also subject to defense) for spending a vacation, going for an outing, marriage in the family etc, any holiday coming in between two PL should be counted as leave. Similarly, if you are sick on Saturday and again on Monday, it can be presumed that he will be sick on Sunday also and it is not that one person will fall sick only on working days. As such, in the case of SL also sandwiched holidays can be counted as leave. On the other hand, casual leave being a leave taken to meet some engagement of very casual nature which may not even require a full day absence from the work place like visiting a public office, there is a possibility that the employee may be contacted over phone for various clarifications from the office. In such cases he is present as an employee through out and if he needs to take the leave suffix the holiday, the holiday need not be counted as leave.
The above logic can be applied to maternity leave also.
12th December 2018 From India, Kannur
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