Struggling with Sandwich Leave Policy in Bangalore? Seeking Clarity on Legal Coverage

Could 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 covers this provision. I am suffering from a 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 a sandwich. This is a type of policy that helps employers prevent work from being obstructed.

Dear Friend,

Every establishment is free to frame their leave policy according to business needs, adding conditions. The acts and rules only speak about the quantum of leave one can have in a calendar year.

You can approach the authority under the labor department of your area if deductions are being made without a policy or the knowledge of the employee.

Thank you, Ravi and Prabhat, for your replies; they are much appreciated. However, I believe I was informed earlier about the sandwich leave policy of the company. The issue is that it affected me last month when I was on extended leave. I want to know if I can challenge this rule and possibly have it removed from my company. For this, I need to know if the company is violating any Central or state labor act by implementing this policy. It seems from both your answers that the company is essentially exploiting a gray area in the labor legislations. In such a case, is there any chance of using collective bargaining to get it removed, or do I have any legal recourse? Your suggestions would be welcome since I am encountering this policy for the first time in my career, and it was not present with my previous employer, a well-known IT MNC.

Understanding Leave Terminology

Companies use different terminology to define leaves. Casual leave, for example, is not mandated by law. However, Earned (Privilege) Leave is mandatory as per Section 79 of the Factories Act, 1948. Explanation 2 states 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."

Applying Sandwich 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.