Vikash1017
Manpower Planning And Costing, Recruitment
Sethupathy-s
Legal, Training
Vkokamthankar
Asst. General Manager - Hr
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Hello,
I am working for an IT Enabled Services company operating in Kolkata. I am eager to know is it mandatory to declare election days as paid holidays? As per the official site of West Bengal govt.:
But it's not clear whether it is mandatory to declare a public holiday for companies like us. It is however understandable that every employee need to cast their votes. But is it necessary to declare that day as a paid holiday.
Please shed some light in this regard.
Regards,
Asish

Hi Asish,
Casting the vote is the fundamental right of every citizens as per Indian Constituency.
and you have to follow State declaration, only those industry can left out where National interest is concern or Emergency Duty. Like Hospital, mining Industry, and others.
again you can plan Election date as such which can cover every employee who can cast their votes and come to office.
Might be vote casting will be start by 7 Am or 8 Am so accordingly you can plan your day.
But proper discussion with your staff and get their consent before implementing anything.

Dear Sir The employer is bound to give holiday with wages on the day of polling to either the State Assembly or the Parliament. This is a statutory requirement under the Representation of People Act
As far as grant of paid holiday to employees on the day of poll is concerned, Section 135B of the Representation of the People Act, 1951 states that

1. Every person employed in any business trade, Industrial undertaking or any other establishment and entitled to vote at election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.

2. No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would

not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.

3. If an employer contravenes the provisions of sub-section (1) or subsection (2), then such employer shall be punishable with fine which may extend to five hundred rupees.

4. This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.

regards,

Kamal

You guys should seriously read the local papers ..
remove spaces from the url below
bit.ly / hUtM8C
Also attached the image, can be read online at epaper . telegraphindia . com , came in all local dailies on 15th April 2011
Under Section 135B of the Representation of People act, 1951 it is obligatory on the part of the employers of any Business, Trade, Industrial Undertaking or any other establishment to grant a paid holiday on the day of the poll to their .....
please refer to the attached image for more or read the telegraph itself.
Hope I could have helped you


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Dear All. Election Day is a Holiday with wages. I am enclosing a circular issued for TN Industries and Establishments about the Election. S.Sethupathy, Erode

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File Type: pdf G.O for Election 2011.pdf (67.3 KB, 426 views)

Thanks all for the inputs. I got the answer to my initial query regarding 'paid' holidays.
My next query: Is it mandatory for IT and ITES organizations like us (we cater to US customers) to declare the election days as full day holiday?
I was checking the PR of the WB Govt.:
Pls note the word used is 'requested'. I have gone through "THE REPRESENTATION OF THE PEOPLE ACT, 1951" where it states:
Here we can see they have stated "be granted a holiday."
Can't understand why are they not using the word obligatory everywhere to avoid confusions.
Thanks

IT and ITES companies are not exempt from the provisions of Section 135B of the Representation of People Act. The employeres of IT and ITES companies have to comply with the legal provisions
Hello Everyone,
If Election Day should be declared as holiday, is the employee required to show any proof that they in fact participated in the voting process? Or is it a blanket rule that weather or not the employee/voter exercised their voting right, they can avail the paid holiday? Thanks!
Pradeep

Dear Mr Asis,

Section 135B of the Representation of the People Act, 1951 has a clause regarding its applicability.

This clause is mentioned in sub section 4 which clearly says that section 135B shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.Incase of ITES organizations catering US customers or manufacturing organizations where the manufacturing process is continuous and cannot be stopped,(stopping the process will cause substantial loss), the employer is not bound to give a full day holiday, even a break of 2-3 hours to cast the vote will serve the purpose.



For organizations working in shifts a holiday is to be declared only for the shift during which a poll is to be

taken and not for 24 hours of the day of polling.

The employer should only make it sure that its employees are not denied their fundamental right to cast a vote due to their official duty.

Employer can have a mutual arrangement with the employees where employees are given different timings to cast their vote and then join ttheireir duty and during their absence their work will be done by some other employee.

This practice has been adopted in a number of organizations with prior written information to the District Election Officer.

reagrds,

Kamal Prasoon Sinha.


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