uday_amble Started The Discussion:
Dear HR Friends,
Please find the attached notification related to holiday on election day in Maharashtra
1. Pursuant to the Circular No.FDE-2009/C.R.335/Lab-9 dated 1st October, 2009 issued by the Government of Maharashtra, Industries, Energy & Labour Department, general elections to the Legislative Assembly of Maharashtra will be held on Tuesday, 13th October, 2009.
2. Members are informed that the Representation of People Act, 1951 was amended in the year 1996 by the Representation of People (Amendment) Act, 1996 by insertion of a new Section 135-B providing for grant of a paid holiday to employees on the day of poll. The relevant section is reproduced overleaf for the information of Members. In view of the insertion of Section 135-B and subject to sub-section 4 thereof, it is now necessary for employers in any business, trade, industrial undertaking or any other establishments to grant a paid holiday to employees who are entitled to vote at the election.
3. The Government of Maharashtra has, separately, by its Notification dated 29th September, 2009, declared the day of election to be a holiday under the Negotiable Instruments Act, 1881.
4. Members may please note that the Representation of People Act, 1951, being a Central enactment, would be binding insofar as the applicability of Section 135-B to all persons employed in any business, trade, industrial undertaking or any other establishments for the purpose of granting a paid holiday on the day of election.
5. Enclosed a copy of the above circular calling upon employers to grant a paid holiday to all employees eligible to vote.
As per the IT and ITES policy 2003, companies that fall under public utility services and Essential Services and those in IT Parks are allowed to work 24/7/365. So does this notification exempt those.? Can anyone comment if employees of such organizations come and work if they want or should it be a paid leave for all.
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