Sandwich Policy: Meaning, Rules & where did it originate?

Never Stop Learning

 Jan 25, 2023

Sandwich Policy: Meaning, Rules & where did it originate?

Every company has a set of regulations or internal laws. And leave policies are one of them. Leave policies can include information on paid leaves, leave applications, and all types of accepted holiday information. A sandwich policy is one of them. It sounds like a bizarre term, and well, the entire concept is somewhat a bit funny. Let’s delve into its details.

What is the Sandwich Policy?

Assume you’re working in an office that uses the sandwich policy. Now, in case a public holiday falls on a Friday, it could be Republic day, Diwali leaves, Navratri, or Independence day. And you decide to take Thursday off, to get a total of 4 off days, as Friday will be followed by Saturday and Sunday, to go out on a trip. It would only be fair on the part of the office to cut one day’s salary, as the following days were holidays. Although, in Sandwich policy, the official rules would club the four days and cut your salary for all of them. Or in other words, all your leaves will be sandwiched.

This kind of company policy enables HR teams to remove the entire amount of leisure time used from your monthly leave allotment when it comes to time off taken around a national holiday (like a Saturday, Sunday, or national holiday). Additionally, if you quit work right before or right after a vacation, your entire vacation quota is deducted. Do we still love sandwiches? I guess not!

Employees’ paid holidays are being taken away by companies. It is like a price for desiring to take a vacation; it’s like promoting the hustle culture. It will further affect people’s mental health, which will only result in poor-quality work.

What are the Rules that the Sandwich Policy Entails?

In India and many other countries throughout the world, there are no legal limitations or requirements pertaining to the sandwich policy. However, state-by-state variations in labour laws and practices may exist globally. Therefore, when creating sandwich policy, it is best to be aware of the legal framework of the state whose jurisdiction your firm falls within.

The policy is typically used by businesses to discourage lengthy absences and reduce the rate of absenteeism. After going over the details with the employee, a corporation may implement a sandwich leave policy. You can speak with the HR department about the policy if it isn’t included in the employment agreement but is being enforced by your employer.

However, the employer may combine the time off and public holidays in accordance with the policy if the sandwich policy is included in the contractual agreement. Adult employees in the nation are eligible for two days of paid off for every 20 days worked, following the country’s labour laws. Thus, if a worker continuously works without being absent from work, they are permitted by law to take 15 days of paid leave per year.

Rules that the Sandwich Policy Entails

Further, every enterprise must close on one day each week, according to the Karnataka Shops and Commercial Establishments Act, 1961 (the Act). According to Section 12(3) of the Act, every worker in a business must get at least one day per week as a leave for rest; however, this requirement must be maintained in enterprises where one-and-a-half days of rest per week are permitted.

The holiday(s) that fall on a given week is paid leave, and a worker is eligible to them for whatever work they perform for the business. There are no requirements to qualify for a paid vacation, and, in accordance with Section 12(4) of the Act, an owner is not permitted to assign any employee to perform duties related to the functioning of his facility on a vacation or on a day when the company is closed. The High Court of Allahabad ruled in the case of Raghubar Dayal Singhal vs Rex that a worker would be eligible for public holidays regardless of the total number of hours worked during a week.

In contrast, no employee may work continuously for more than 10 (ten) days without a holiday lasting an entire day, according to Section 52 of the Factories Act of 1948[1]. In contrast to the Act, there is a maximum criteria requirement for an employee to be entitled to a weekly holiday in a factory.

What brought this Movement to Light?

The sandwich leave policy was created for factory workers whose overall output was largely dependent on the number of hours they put in each day. Productivity suffers when several employees take time off at once. The floor managers of these firms, therefore, devised a sandwich leave policy to ensure that productivity was maintained in order to address this possible problem.

The sandwich policy initially served primarily as a tool to lower turnover in manufacturing jobs. But just now, this technique is gaining popularity. The sandwich leave policy was first intended for industrial workers, but despite complaints that it violates work/life equilibrium; many businesses have adopted it to maintain their extensive planning at a high level.

Is this Behaviour Permitted?

The policy is not subject to any regulations or requirements from the law, and any company or business may implement it in accordance with the conditions established with the worker.

Having said that, if the sandwich leave policy is included in your employment agreement, your firm may require you to combine your vacation days and national holidays to subtract them from your yearly leave. Although, if the policy is not mentioned in your contractual agreement, you can discuss the details with your employer’s human resources division and come to an agreement.

The Bottom Line

The sandwich policy is an unfair practice that snatches away individuals’ right to their own salaries. However, clearly, there isn’t much action being taken on this. It is the employer’s responsibility to ensure a sound work environment for their employees. A work-life balance is a fundamental necessity to blow up productivity levels efficiently. Having such techniques to retain employee productivity will cause more harm than benefit to wither parties. A middle ground must be agreed upon to ensure an overall win situation. To get more insights into hiring trends, HRO Hiring Services, and other topics pertaining to recruitment, keep reading our blogs.

Read our Article: Creative Ways to Recruit Employees & Recruitment Strategies

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