I would like to understand the sandwich leave policy in a specific scenario. If an employee takes paid leave on a Friday and unpaid leave on the subsequent Monday, are Saturday and Sunday considered as leave under the sandwich policy?
From India, Mohali
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From India, Mohali
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The sandwich leave policy varies from company to company and is not governed by any specific labor law in India. However, generally speaking, under the sandwich policy, if an employee takes leave on Friday and Monday, then Saturday and Sunday are often considered as leave days as well, regardless of whether they are paid or unpaid leaves.
However, it's important to note that this is a general interpretation and the actual policy can differ based on the company's specific leave policy. I would recommend checking your company's leave policy or discussing with your HR department for a precise understanding of how the sandwich leave policy is applied in your organization.
From India, Gurugram
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73However, it's important to note that this is a general interpretation and the actual policy can differ based on the company's specific leave policy. I would recommend checking your company's leave policy or discussing with your HR department for a precise understanding of how the sandwich leave policy is applied in your organization.
From India, Gurugram
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I wishes to urge here, that there is not as such sandwich leave policy in the Indian Coporate platform.
However, in government department there is one terminology that is sandwich working day means one working day in between of two holidays.
In that case if employee wishes to avail holiday he/she can take but it should be availed from his/her leaves backet balance.
Rest is ok.
Rgds
From India, Mumbai
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However, in government department there is one terminology that is sandwich working day means one working day in between of two holidays.
In that case if employee wishes to avail holiday he/she can take but it should be availed from his/her leaves backet balance.
Rest is ok.
Rgds
From India, Mumbai
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In our opinion Leave policy/sandwich policy is required to be framed when the law is salient or the management wants to provide better facility as provided by applicable Law in the matter. In Indian context, we are to see which of the labour law is applicable on your establishment for grant of leave/weekly off day e.g. State shops & Establishments Act, Factories Act, 1948, Minimum Wages Act, 1948 etc. In your case, it seems that you are not covered under Factories Act, 1948 as you are granting two days of weekly off days which in general not a practice in Indian factories. Your unit/establishment is in Mohali, Punjab then you might be adhering to applicable Punjab Shops & Commercial Establishments Act, 1958 & you are granting of your own two days of weekly off day in place of one day. Now the matter of grant of weekly off in a week with or without wages comes out under the applicable Minimum Wages Act, 1948. If you are paying monthly rate of wages/salary, then you are to pay weekly off day/days with wages on six/five days of working of the employee & if you employing employee on daily rate of wages then under this Act you are not required make payment of weekly off day as daily rate is calculated by dividing the monthly wages by 26. Thus you are only to grant weekly off day without wages.
Now your query runs as under.
I would like to understand the sandwich leave policy in a specific scenario. If an employee takes paid leave on a Friday and unpaid leave on the subsequent Monday, are Saturday and Sunday considered as leave under the sandwich policy?
In your case if your unit/establishment is covered under Minimum Wages Act, 1948 then in accordance with Rule 23 of the Punjab Minimum Wages Rules, 1950 you are to grant weekly off days as paid weekly off days & not to consider these days as leaves. To be more specific you are to grant weekly off day with wages if any employee works continuously for six days. Now coming to sub section c of Rule 23 we are to consider leave as working day for entitlement of weekly off day if the leave/holiday is granted by the employer with or without wages/pay during this period of six days continuous working.
Submitted plz.
R N KHOLA
From India, Delhi
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Now your query runs as under.
I would like to understand the sandwich leave policy in a specific scenario. If an employee takes paid leave on a Friday and unpaid leave on the subsequent Monday, are Saturday and Sunday considered as leave under the sandwich policy?
In your case if your unit/establishment is covered under Minimum Wages Act, 1948 then in accordance with Rule 23 of the Punjab Minimum Wages Rules, 1950 you are to grant weekly off days as paid weekly off days & not to consider these days as leaves. To be more specific you are to grant weekly off day with wages if any employee works continuously for six days. Now coming to sub section c of Rule 23 we are to consider leave as working day for entitlement of weekly off day if the leave/holiday is granted by the employer with or without wages/pay during this period of six days continuous working.
Submitted plz.
R N KHOLA
From India, Delhi
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(Fact Checked)-Your explanation is accurate and comprehensive, covering the relevant Indian labour laws and their application to the sandwich leave policy. Great job! (1 Acknowledge point)
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Leave Policy for different sectors in India.doc
CiteHR.AI
(Fact Checked)-Your understanding of the sandwich leave policy in the Indian context is correct. It's not prevalent in the corporate sector but used in government departments. (1 Acknowledge point)