Hi,
Can anyone please shed some light on the sandwich leave policy for HR Consultancies in Bangalore? As far as I know, they fall under the Karnataka shops and establishments Act, and I didn't find any clause in the Act that covered this provision. I am suffering from heavy loss of pay due to the sandwich leave policy, which is applicable on weekends as well as during festival holidays. My manager says that it is the company policy and he is helpless. Which law covers this provision? Please enlighten me, as I cannot afford to approach a labor lawyer for information on this.
Thanks
Dear Friend,
This sandwich policy is not bound by any act, it is a common practice where employers have made such rules to prevent the effect on daily work from long holidays.
Many employees enjoy their long vacation with the holiday of sandwich, this is a type of policy which helps employer to prevent work from obstructing.
Dear Friend,
The every establishment is free to frame their leave policy according to business need adding conditions. The acts & rules only speaks about the quantum of leave one can have in a calendar year.
You can approach the authority under labour department of your area, if the deductions are being made without a policy or knowledge of employee.
Thank you Ravi and Prabhat, your replies are much appreciated. However, I believe I was informed earlier about the sandwich leave policy of the company. The issue is that it hurt me last month when I was on an extended leave. I want to know if I can raise my voice against that rule and somehow have it scrapped from my company. For this, I need to know if the company is violating any Central or state labor act by bringing in this policy. It seems from both your answers that the company is basically exploiting the grey area/ undemarcated area in the labor legislations. In such a case, is there any chance of using collective bargaining to get it scrapped, or do I stand any chance through legal methods? Your suggestions would be welcome, since I am encountering this law for the first time in my career, and it was not there in the case of my last employer, a famous IT MNC.
Companies use different terminology to define Leaves. Casual Leave etc. are no where made mandatory in law. However, Earned (Privilege) Leave is mandatory as per Section 79 of the Factories Act, 1948.
Explanation 2 says that "The leave admissible under this sub-section shall
be exclusive of all holidays whether occurring during or at either end
of the period of leave". This means that you can apply Sandwich Leave for leaves offered by the company other than this mandatory leave (PL/EL). One should not apply Sandwich Leave for PL/EL.
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