We are a Pvt. Ltd. Co. promoted by Govt. Financial Institutions, Covered under Shop & Establishment Act and SEBI Registred. We observe Public Holidays decalred under NI Act. Situated in Mumbai with one office in Satara.
My questions are :
1. Do we have to decalre a holiday on the Voting - Election Day
2. Or we can give 1/2 day concession to people, like come in the morning 9.30 (usual reporting time) and leave by 2 p.m. to vote
3. In case we declare a holiday to staff on Election Day, does the Management has right to ask the staff and work on some other holiday?
We dont have any specific rules / regulations laid down, no written policy. Please tell me the legal and right thing to do.
Election is compulasory for all. Voting is fundamental right
of all Indian citizens but at the same time we can not give
complete leave to all employees because it is loss to our company
The alternate is either to give 4 hours leave or .One day leave and
compensate with any other day
I completely agree with Avinash.
There is no provision in the Shops and Establishment Act which requries an employer to give a holiday on the election day. However the employer cannot force any employee, not to go for elections.
Hence some consession should be given with regards to the time lines.
Requesting all employers to encourage their employees to vote.
The Election Day is not a paid holiday. As usual Government under State Shop & Commercial Establishment Act declared this day of election as close day & allows to open the shops on the already declared close day under this Act during that particular week & similarly under the provisions of Factories Act, 1948, Govt. gives exemption regarding change of weekly holiday in that week so that every employee can cast his/her vote. Thus it could not be stated to be the statutory holiday.
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
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