Hi Jolly Abraham,
I agree with your contention..
I too heard about this sandwich rule, but is that not a violation of 7th day rest which is legally allowed to him. Which act / rules in india says this rest day is also to be included while processing casual leave requests..can any one clarify this for better understanding..
From India, Coimbatore
41I agree with your contention..
I too heard about this sandwich rule, but is that not a violation of 7th day rest which is legally allowed to him. Which act / rules in india says this rest day is also to be included while processing casual leave requests..can any one clarify this for better understanding..
From India, Coimbatore
Hi Ramesan,
The rule of law basically says that everyone who is employed in a factory (or office / shop) will be given 1 day of paid holiday for every 6 days worked. In effect, there is a weekly off. No one can be allowed to or required to work on the weekly off.
Separately there is a provision in factory act (and in many of the state shop & establishment act, plus in the Standing Orders) that if any holiday or weekly off comes in the middle of leave taken by the employee, the weekly off or holiday is counted as a part of the leaves.
Just because his is losing a paid leave, it does not mean the provision of weekly holiday is violated. He is getting his rest day, just that he is not getting paid for that day. This is the provision of the act, and therefore it over-rides any logic we may apply. So it applies.
The rules for shop and establishment is slightly different, so we need to know what type of organisation it is in and the state where he is operating from. However, mostly the rules are same as i have stated above.
From India, Mumbai
The rule of law basically says that everyone who is employed in a factory (or office / shop) will be given 1 day of paid holiday for every 6 days worked. In effect, there is a weekly off. No one can be allowed to or required to work on the weekly off.
Separately there is a provision in factory act (and in many of the state shop & establishment act, plus in the Standing Orders) that if any holiday or weekly off comes in the middle of leave taken by the employee, the weekly off or holiday is counted as a part of the leaves.
Just because his is losing a paid leave, it does not mean the provision of weekly holiday is violated. He is getting his rest day, just that he is not getting paid for that day. This is the provision of the act, and therefore it over-rides any logic we may apply. So it applies.
The rules for shop and establishment is slightly different, so we need to know what type of organisation it is in and the state where he is operating from. However, mostly the rules are same as i have stated above.
From India, Mumbai
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ESI applicable to software development companies - Bom HC 2012.pdf