Hi HRMs, Ours is a ITES company based at Chennai with 100 staff and all are working from home/home town since last March 2020. Do we have to give paid holiday on 6th April 2021, we have given a general instruction that they can take time off for casting the vote.
From India, Chennai
As per GOI directive on the eve of election day, The day has to be declared as paid holiday for every citizen to exercise their franchise.
The same rule applicable for WFM model also, as they need to take time to cast their votes with out any trouble from the Management.
Hope this would suffice.

From India, New Delhi
Can you curtail a weekly off just because the employee has been doing WFH?
It is not that easy for a voter to cast his vote in a matter of minutes - he has to travel to the voting booth, stand in the queue - all these things will take a reasonable amount of time and energy. So, apart from your legal compliance, try to be reasonable as an employer and allow your employees to exercise their adult franchise in a peaceful manner.

From India, Salem
Section 135 B of Peoples Representation Act is invoked and holiday is declared by appropriate authority with a logic that each Citizen has to cast vote as it is their fundamental rights. In the practical scenario people from different parts of the state working else where and their voter list will be in their native.

This holiday aims to facilitate voting % and enable the citizens to exercise their fundamental rights without any hurdles. Such holiday is exempted only for such emergency services like ensuring safety etc. For all others the holiday is applicable.

Recently the High Court of Madras also in March 2021 reinterred this while hearing a petition. The Court directed Election Commission to monitor and ensure that holiday is given by establishments to their employees. WFH or from Office or Factory are one and the same and the employee must be facilitated to cast his/her vote.

A reading of Section 135 B :

[135B. Grant of paid holiday to employees on the day of poll.—

(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an 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 sub-section (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.]

Hope this clarifies

regards

Dr P. Sivakumar

HR Professional

Tiruchirappalli, Tamil Nadu

From India, New Delhi

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