pari.nerurkar Started The Discussion:
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.
Dear Pari,You may be required to provide holiday for the election day and you can fix a compensatory working day on behalf of the loss of working day. The respective state government/ labour department will circulate a notice to all shops and establishment before the election day.Hope there is no notification is released by any of the labour department for the elections till now, but will be released at the earliest.
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
Dear Pari, There is no provision for declaring holiday to excersie the franchise by voter. However government and election commissioner appeals the employer of private sector to give sufficient time for voter to cast their vote.If your company is working in three shifts you may call general shift employee in first shift and allow them to end shift at 1430 hrs. The employee can cast their vote between 1430 hrs and 1700 hrs. I had adopted this practice in the past and there was no objection from any of political party or government or union or employee. You may try this .
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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