Industrial Relations And Labour Laws
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for example: If we take holiday on Monday and Tuesday is public holiday then is it right to consider 3 leaves from Sunday to Tuesday (Sunday Week off and Tuesday public holiday).
Please clarify on this.
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Sandwiching happens only when you are on leave prior to and after a holiday. As such you will lose the holiday of Tuesday if you do not work on Monday and Wednesday. However, under the Factories Act there is no provision for sandwiching of holidays. As such if leave admissible under the Factories Act, viz, annual leave with wages or simply earned leave,is taken on two ends of a holiday, you will not lose your holiday nor the holiday will not be marked as leave.
Those who comes under worker category Sand which policy would not applicable. But staff and management category it will be applicable
What is mean by 'staff"? Is there any definition given under any labour enactment for 'staff'? No. It is just a custom that those who work in the office will be called staff, irrespective of the role he performs. he may be an attender or a clerk. he will come under the purview of Factories Act or I D Act. Under Shops and Commercial Establishments Act of various States, there is no workman but only "employee" has been defined. As such the leave rules applies to managers of commercial establishments!
As per my suggestion, the practice should be as per the following:
(A) If an employee submitted an earn leave then Sunday and Tuesday will not add with the same. (Earn leave refers to any leave based upon the attendance or any specific criteria. For example, as per Factories Act, 1 day Earn leave against 20 Days of physical attendance) Justification: the concerned employee has already invested his leave earning for 20 days.
(B) In case of other ordinary leaves, suffix or prefix rule may be applicable i.e either Sunday will amalgamate with the leave or Tuesday. Both the day should not be counted with a leave enjoyed by an employee.
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