Is It Mandatory to Give Employees Leave on Election Day? Seeking Clarity on Policies

Can anyone suggest to me what the leave policy is on Election Day? Is it compulsory to grant leave on Election Day?

Sruthilal
Jobcentregroup.com

It is not compulsory to give leave on that day, but you have to provide marginal time for employees to cast their vote because you cannot deny the right to vote of any individual.

This is my perspective. Let others share their comments.

Regards,
C. Bhushan Sharma

It is absolutely necessary to give leave to all your employees for the entire day, as notice to this effect is published by the Labour Department in all major national newspapers before elections.

Rajinder

Hi all,

I accept Rajinder's point, but I have a doubt: if we give leave on the election day, can we compensate that leave on another day? For example, in Tamil Nadu, 13th May 09 is an election day, and we are planning to give leave to our employees. Is it possible to compensate this leave on Sunday (17.05.09)? Please suggest.

Thanks and Regards,
Princey F.

Dear Shanthy,

Greetings!

We are not supposed to go for compensatory leave. I have checked with some experts. Moreover, if we are going for compensatory leave towards election time, the company will have to pay double wages to the employee.

Dear Sruthi,

Please find the amendment to the Indian constitution for Poll Day.

There is an amendment in the Representation of People Act 1951, Section 135-B was inserted, stating that effective 1st August 1996, "Every person employed in any business, trade, industrial undertaking, or any other establishment and entitled to vote at an election to the House of People or the Legislative Assembly of a State and Parliament, on the day of the poll, shall be granted a holiday." Therefore, it is mandatory on the part of the employer to grant a paid holiday to employees who are entitled to vote for the election.

In India, however, we do not always follow the constitution. It is up to the management's decision.

Regards,
Shiv

Dear All,

It is mandatory to declare a holiday on Election Day under the Representation of the People Act, 1951. Please find enclosed the notification from the Election Commission.

Regards,

Naresh :)