Hi,
Is sandwich rule leaves legal as per labour laws? Is it still practiced in your companies?
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The Sandwich policy is a general practice followed by companies and the organizations where a usual week off gets clubbed with the paid leave applied by the employee just near the week off and is treated as a leave day.
While the policy holds no legal restrictions and provisions, it can be followed by any company/employer as per terms discussed with the employee.
For example, if Sunday is an official holiday in a company and an employee takes Saturday and Monday as offs then in that case, Sunday, the official holiday, will also be counted as a leave making it a sandwich leave of three days.
An employer can deduct leave taken by an employee for Saturdays (being a working day ) and Sundays and :
In case applicability of Sandwich Rule was previously stated in the employment contract, the employee has no other option but to accept the leave deduction.
In case not previously stated to the employee, it is advisable to negotiate with the HR department or the employing company for the same. If no common solution comes, then the employee can sue his employer after seeking the advice of a legal consultant.
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These are parts of organizational leave practices. Labor legislations do not cover these aspects. So a policy like this never falls under the Statutory Compliance scope of labor laws. Organizations use their checks and balances to streamline internal processes and care shall be given to discuss these aspects with employees and ensure that employment terms and HR policies cover all these aspects.
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