R.N.Khola
Labour Laws & Ir
Suresh Ramalingam
Legal, Hr & Compliance
Jpratap
Dy Lab Comm, Pb (retd), Consultant And Qualified
Suja_nm
Hr Professional
Sumana1
Middle Management
Kothariak
D.g.m. H.r
+4 Others

Thread Started by #pari.nerurkar

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.
Thanks
Regards
Pari
6th April 2009 From India, Mumbai
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.
6th April 2009 From India, Mumbai
Madam Pari,
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
Thanks
A.K.KOthari
10th April 2009 From India, Haridwar
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 .
Thanks
Avinash Kanoray
10th April 2009 From India, Pune
Dear All,
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.
Regards,
Shailesh
11th April 2009 From India, Mumbai
Dear Pari,As per Sec 3-A to the Karnataka Industrial Establishment (National & Festival Holidays ) Act, 1963 it is mandatory to declare paid holiday on the day of polling.This is for your reference.Sumana
11th April 2009 From India, Bangalore
Dear
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.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
13th April 2009 From India, Delhi
Here is attachment which is issued by the election commission of India regarding holiday on election day. Regards Pradeep Nalluri
14th April 2009 From India, Hyderabad

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File Type: pdf election holiday.pdf (14.5 KB, 6957 views)

Thanks Pradeep. Dear All, The notification has been authenticated with the relevant provisions in Election Laws, attached the related Section for further reference.
14th April 2009 From India, Mumbai

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File Type: pdf 135B-PAID HOLIDAY FOR ELECTION DAY.pdf (36.5 KB, 3384 views)

Ap Government declare holiday on 16th and 23rd April to vote Warm Regards Satya
14th April 2009 From India, Hyderabad

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File Type: pdf go-election-2.pdf (177.9 KB, 1633 views)

Thank you all,
I tried to post this in the morning but seems has not got uploaded.
To summerise the above views on Holiday on Election Day
1. We have to declare a holidya as per Election Commission and State Govt. Notifications
2. And Management does not have the right to call employees and work on some other weekly off. It will be wrong to have a compensatory working day.
Please confirm in a definite yes or no.
Thanks
Regards
Pari
14th April 2009 From India, Mumbai
Dear All
Reference to my previous comments/opinion dated 13.04.2009 I am changing my opinion due to all these attachments of different HR members. After going through all these attachments it is clear that Factories, Industrial units, Shopkeepers etc. have to declare paid holiday to the workers/employees of their units. They are not supposed to change the weekly off day. Moreover what I have observed in the past has been described by me. Meanwhile One of our HR friend have mailed the latest letter of the Govt.in this regard which also shows that we have to declare paid holiday on the day of poll. Instructions are attached herewith for information & n/a in the matter. Please take appropriate action after going through these letters/instructions in the matter.
Revised opinion submitted with attachment. People having diverse opinion are also requested to give their comments with proper reasoning.
Regards,

R.N.Khola
Skylark Associates, Gurgaon
(Labour Law & Legal Consultants)
09810405361
16th April 2009 From India, Delhi

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File Type: pdf 28.pdf (325.1 KB, 1118 views)

Dear Sir,

Taking this discussion further, till now we have established following :
1. Every unit under Shop & Establishment Act has to declare a paid holiday on Election Day
2. No Management can instruct employees to work on weekly off as comensatory working day

Case Study - our Registered Central Office in Mumbai and we have Unit in Satara, elections are on different dates.

Naturally both the offices will remain close on respective dates of Elections in the respective Ares - Constituancy - As declared by Govt of Mahrashtra (Notification Attached)

Now in Mumbai Office there are 2 staff who are having voting cards at Pune where elections are on 23.4.2009 what to do for these two?

I mean Mumbai office will remain closed on 30.4.2009, if we grant holiday to these two employees on 23.4.2009, then they will be getting even 30.4.2009 as holiday. How to solve this issue?

As per my opinion, we can not go as per individual employee's residence - constituancy i mean where he is a registered voter. Mumbai office will have only 1 holiday i.e. 30.4.2009 and these two have to go on leave in case they want to vote.

Please reply also if anyone can give wordings / draft for declaring a paid holiday.

Thanks

Regards

Pari
17th April 2009 From India, Mumbai

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File Type: pdf Public holiday - 30-Apr-09.pdf (125.9 KB, 655 views)

Dear Mr. Pari,
I think, para 3 of the order dt. 6.4.99 of the ECI [(minus its para 4) - correspondence re. which is already in circulation in these page of the column - thwarts your efforts of not declaring a paid holiday for those employees who are residing within the constituancy of your establishment but whose voter cards are of the constituancies other than the constituancy where your establishment situates.
Best wishes,
Jpratap
17th April 2009 From India, Chandigarh
Dear Pari,
It is right that one can not create hindrance in utilizing the right to vote. Thus if an employee wants to cast his vote in the area other than the area in which he is working then allow him to cast his vote with his own leave. Holiday to the employees is to be granted in the area of election on the day of poll. Your attachment relates to the Govt. & semi Govt. employees. Your opinion/ comments drafting clearly shows that you can very well draft notice for declaration of holiday for your employees. Your opinion is also not at all objectionable.
Submitted.

Regards,

R.N.Khola

(Labour Law & Legal Consultants)
09810405361


.
19th April 2009 From India, Delhi
Thank you Khola sir,
I plan to declare - mail to all about Election day - the paid holiday as "Dear All, According to the Poll Schedule announced by the Election Commission of India, The General Elections to Loksabha will be held on Thursday, 30th April, 2009.
As per the Notification dated 4th April, 2009 issued by Deputy Secretary, Government of Maharashtra - the Polling day is declared as Public Holida under Negotiable Instrument Act 1881 In view of the above our office in Mumbai will remain close on 30th April, 2009 to enable all employees to exercise their right to vote."
Thank you,
Yours faithfully,
Pari
Manager - HR
20th April 2009 From India, Mumbai

Dear Pari,
Manager - HR
This is for your information that notification dated 04.04.2009 which is issued under Negotiable Instruments Act,1881 relates to public holiday for Govt./semi-Govt. bodies/corporations/undertaking employees only. This notification does not relates to the private industrial houses/units/establishments employees.We are to declare paid holiday as per section 135-B of The Representation Of The People Act,1951 Which was amended in August,1996. We are to declare holiday as per the latest instructions of ECI dated 30.03.2009 which have
already been attached by me with my opinion dated 16.04.2009.
As this being an important query, I am submitting my comments in the interest of all my HR friends.
Regards,

R.N.Khola

(Labour Law & Legal Consultants)
09810405361

20th April 2009 From India, Delhi
Find attached a Circular from the Karnataka Govt declaring poll days and Paid Holidays. (attachment is in the regional lang...so ppl who don’t know Kannada, pls take help:))
21st April 2009 From India, Bangalore

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Dear
There is no need to wait for the letter from the Govt. you are to follow Section 135B of the Representation of Peoples Act. Plz go through this latest instructions Dated 30.03.2009 of ECI & take action accordingly. There are so many attchments which shows that we are to declare paid holiday.
Regards,
R.N.Khola


(Labour Law & Legal Consultants)
09810405361
5th May 2009 From India, Delhi
Sir, What are the employees supposed to do if the compkany refuses to grant a levae but only approves a half a day’s off.
12th October 2009 From India, Mumbai
Dear Then in the capacity of employee ask for double OT. Regards, R.N.Khola
12th October 2009 From India, Delhi
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